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	<title>South Bay Business Lawyers &#187; admin</title>
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	<link>http://sbblmb.com</link>
	<description>Providing South Bay businesses with expertise and committed service.</description>
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		<title>Is a corporation the right choice for my business?</title>
		<link>http://sbblmb.com/2010/08/05/is-a-corporation-the-right-choice-for-my-business/</link>
		<comments>http://sbblmb.com/2010/08/05/is-a-corporation-the-right-choice-for-my-business/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:58:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=237</guid>
		<description><![CDATA[A corporation has more formal requirements than an LLC, but can provide your company with tax benefits that an LLC cannot. Deciding to incorporate your business should be done with the guidance of an attorney, as you will need more than just a completed Articles of Incorporation form to achieve the benefits of this decision. [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">A corporation has more formal requirements than an LLC, but can provide your company with tax benefits that an LLC cannot. Deciding to incorporate your business should be done with the guidance of an attorney, as you will need more than just a completed Articles of Incorporation form to achieve the benefits of this decision. There are two types of corporations: “C” and “S”, with identical non-tax benefits. The difference, then, lies within the taxation of these corporations.</span></h2>
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<h2><span style="font-weight: normal; font-size: 13px;">By creating a “C” corporation, your company will become a completely separate taxable entity from the shareholders, with the corporation retaining all profits and paying its own taxes. This allows you to offer health insurance to employees with pre-tax funds, among other benefits. However, a pitfall to avoid is double taxation, whereby the federal government can tax any revenue to a “C” corporation twice, once on the income of the corporation, and once on the dividends distributed to shareholders.</span></h2>
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<h2><span style="font-weight: normal; font-size: 13px;">Another option is an “S” corporation, often called a “pass-through” corporation. This is because the profits or losses of the corporation pass directly through to the shareholders, who divide up the balance and mark it as either a gain or loss on their personal tax records. Income from an “S” corporation is not specifically taxable by the federal government, which protects it from the double taxation problem discussed for “C” corporations. However, the size as well as other aspects of the functioning of an “S” corporation is limited, so it is essential to realize that it may not be the proper fit for your company. Our firm has the experience to ask the right questions to provide you with the information necessary to decide upon and create the right corporation for your business.</span></h2>
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		<title>Is an LLC the right choice for my business?</title>
		<link>http://sbblmb.com/2010/08/05/is-an-llc-the-right-choice-for-my-business/</link>
		<comments>http://sbblmb.com/2010/08/05/is-an-llc-the-right-choice-for-my-business/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:56:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=235</guid>
		<description><![CDATA[If you want liability protection for your business, but with more flexibility than formal structure, an LLC may be right for you. An LLC is a hybrid between a partnership and a corporation. This option grants you both protection, and the freedom to run your business without worrying about complex rules and regulations. For instance, [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">If you want liability protection for your business, but with more flexibility than formal structure, an LLC may be right for you. An LLC is a hybrid between a partnership and a corporation. This option grants you both protection, and the freedom to run your business without worrying about complex rules and regulations. For instance, corporations are required to elect directors and have regular formal meetings of shareholders and directors, while an LLC has no such requirements. An LLC can be taxed as a sole-proprietorship (single member or husband and wife team), or as a partnership (multiple members), and can be either member-managed (managed by all its members) or manager-managed (managed by one or more designated individuals). It is important to understand the differences between these various options, and our firm would be happy to sit down with you and help you design the LLC that would best suit your needs.</span></h2>
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		<title>Why shouldn’t I just download one of the standard contracts available on the internet?</title>
		<link>http://sbblmb.com/2010/08/05/why-shouldnt-i-just-download-one-of-the-standard-contracts-available-on-the-internet/</link>
		<comments>http://sbblmb.com/2010/08/05/why-shouldnt-i-just-download-one-of-the-standard-contracts-available-on-the-internet/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:56:03 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=232</guid>
		<description><![CDATA[There is no such thing as a “one-size-fits-all” contract. Each situation is different, and requires a contract tailored to fit. The biggest problem with downloading a contract from the Internet is that it will likely be too vague to be useful. You want to make sure a contract is suited to your circumstance, and enforces [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">There is no such thing as a “one-size-fits-all” contract. Each situation is different, and requires a contract tailored to fit. The biggest problem with downloading a contract from the Internet is that it will likely be too vague to be useful. You want to make sure a contract is suited to your circumstance, and enforces the rights of both parties entering the contract, in order to form a contract that is both straightforward and suitable for your purposes.</span></h2>
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		<title>Do I even really need a contract in order to do business with someone?</title>
		<link>http://sbblmb.com/2010/08/05/do-i-even-really-need-a-contract-in-order-to-do-business-with-someone/</link>
		<comments>http://sbblmb.com/2010/08/05/do-i-even-really-need-a-contract-in-order-to-do-business-with-someone/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:54:21 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=229</guid>
		<description><![CDATA[Though you may have heard that an oral agreement may be enforceable as a contract (and it may), it is not a replacement for a well-formed contract. Without making clear the rights and obligations of both parties at the outset, litigation may result as one or both parties believe somewhere down the line that these [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">Though you may have heard that an oral agreement may be enforceable as a contract (and it may), it is not a replacement for a well-formed contract. Without making clear the rights and obligations of both parties at the outset, litigation may result as one or both parties believe somewhere down the line that these obligations are unclear. It is imperative that you sit down with all involved parties to clarify the responsibilities of both parties in the contract at the outset, in order to avoid costly disagreements later. In such a situation, an attorney can be a great asset, as he or she will get to know you and your business in order to create a contract that represents and protects your interests.</span></h2>
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		<title>What will a personal lawyer give me that an inexpensive website cannot?</title>
		<link>http://sbblmb.com/2010/08/05/what-will-a-personal-lawyer-give-me-that-an-inexpensive-website-cannot/</link>
		<comments>http://sbblmb.com/2010/08/05/what-will-a-personal-lawyer-give-me-that-an-inexpensive-website-cannot/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:50:56 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=225</guid>
		<description><![CDATA[While websites such as LegalZoom can seem like a convenient option for starting your business, remember that these websites are not replacements for sound legal advice from an attorney. Though they can provide basic documents, they will not advise you as to what is appropriate for your business. If you do not have a firm [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">While websites such as LegalZoom can seem like a convenient option for starting your business, remember that these websites are not replacements for sound legal advice from an attorney. Though they can provide basic documents, they will not advise you as to what is appropriate for your business. If you do not have a firm grasp of the intricacies, timeline, and forms required for starting a business, it may be wise to seek the expertise and counsel of an attorney who does.</span></h2>
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		<title>Should I form a business entity before doing business, or is it OK to form one afterwards?</title>
		<link>http://sbblmb.com/2010/08/05/should-i-form-a-business-entity-before-doing-business-or-is-it-ok-to-form-one-afterwards/</link>
		<comments>http://sbblmb.com/2010/08/05/should-i-form-a-business-entity-before-doing-business-or-is-it-ok-to-form-one-afterwards/#comments</comments>
		<pubDate>Thu, 05 Aug 2010 23:50:20 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=222</guid>
		<description><![CDATA[It is extremely important to form a business entity before doing business! This includes before signing any leases or contracts having to do with your business. In order to sign contracts with the name of your business (which you should always do), the business entity must already be formed. If you wait until after you [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">It is extremely important to form a business entity before doing business! This includes before signing any leases or contracts having to do with your business. In order to sign contracts with the name of your business (which you should always do), the business entity must already be formed. If you wait until after you have started doing business to form an entity, you will have created a tangled web of personal and business finances that becomes difficult to unravel. In such a situation, an individual will often have to take the start-up costs as personal debt, a circumstance that could have been avoided by simply creating the business entity before doing any business.</span></h2>
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		<title>What is a “DBA”?</title>
		<link>http://sbblmb.com/2010/07/28/what-is-a-dba/</link>
		<comments>http://sbblmb.com/2010/07/28/what-is-a-dba/#comments</comments>
		<pubDate>Thu, 29 Jul 2010 00:01:08 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[FAQ]]></category>

		<guid isPermaLink="false">http://sbblmb.com/?p=93</guid>
		<description><![CDATA[DBA stands for “doing business as”, and can be created when an individual wants to do business under a different title but does not want to go through the process of forming an entity. You can form a DBA by filing a Fictitious Business Name (FBN) statement in the counties where business transactions will take [...]]]></description>
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<h2><span style="font-weight: normal; font-size: 13px;">DBA stands for “doing business as”, and can be created when an individual wants to do business under a different title but does not want to go through the process of forming an entity. You can form a DBA by filing a Fictitious Business Name (FBN) statement in the counties where business transactions will take place. An important point to remember is that a DBA is not an entity, and so does not give you any liability protection when conducting your business. For instance, if you are sued because of some aspect of your business, a business entity can limit the fallout of a judgment to your business assets, protecting your family assets from being affected. A DBA gives you no such protection of your personal assets.</span></h2>
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