Sunday, May 19, 2019

Do You Need a Registered Agent When You Form an LLC or Corporation?


When you're busy planning the formation of an LLC or corporation, its easy to overlook some details, even the important ones. Every corporation or LLC must have an agent who is designated to receive official correspondence and notice in case of a lawsuit.

Registered agents are also known as resident agents or statutory agents, and they serve an important role in your company.

In most states, the resident agent must be either an adult living in the state of formation with a street address, or a corporation or LLC with a business office in the state that provides registered agent services. If you form an LLC or incorporate in your home state, any officer or director, or manager or member in the case of an LLC, may act as the resident agent. Having a third party act as the statutory agent comes with some advantages, however, including increased privacy and reducing the risk that you will be surprised at home with court papers for a lawsuit.

Doing Business in Another State

So, what happens after you incorporate in Delaware, for example, and then decide to start doing business in New Jersey? At this point, you will need a registered agent service in the new state. The agent's address can also be where the state sends annual reports, tax notices, and notices for yearly renewals of the business's charter.

You will be required to maintain a resident agent in any state where your company does business, and the agent's office address and name must be included in the articles of incorporation giving public notice.

Finding a Statutory Agent

Most corporate service companies provide registered agent service, which includes forwarding any tax notices or official documents from the Secretary of State and the acceptance of legal service of process to forward to your company. Basic levels of service include a legitimate working office, compliance management, information shielding, and document organization as well.

Agents, or statutory agents, serve an important role. After all, you will lose by default if you can't be served or the paperwork isn't passed to you properly, so a reliable registered agent is your first line of defense against opportunistic lawyers. It's usually best to choose someone else as your registered agent, as you don't want to be served in front of employees or customers in a working office, and a good agent will protect your personal information from appearing online.


Article Source: http://EzineArticles.com/?expert=Christine_Layton

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Saturday, May 18, 2019

Living Trust and Wills - By the People



Living Trust or a will? Rene talks about some of the differences and what sets one apart from the other to help you make the best decision for your needs. Call Rene or Tammy at 707-428-9871 with any questions you may have, and see their website at http://www.bythepeopleca.com

Friday, May 17, 2019

Understanding a Power of Attorney for Finances


Carolyn Rosenblatt discusses a Power of Attorney for Finances. This important document may be necessary to help care for your elderly parents. It can prevent financial elder abuse.

Thursday, May 16, 2019

Situations Where Your Last Will May Be Considered Void


Drafting a last will and testament is something we only hope to do one time. Creating a document that specifies our wishes after our deaths can cause some anxiety in that we are reminded of our mortality, but more than that making changes to a will can cause headaches if not done correctly. You also risk voiding your will under certain circumstances. In order to keep your friends and loved ones from inheriting any headaches along with your estate, it is important to know exactly what events can void your will.

If your will is judged void after your death, it opens the door to any number of disputes between family and friends as they argue over dispersing your assets. Charities you wished to benefit from your generosity may not receive the funds you set aside for them, and even your burial plans may be altered. It is important, therefore, to make sure you following everything to the letter. Here are a few situations that could lead to voiding your will.

1) You make unauthorized changes. When you complete a will, it is typically signed and witnessed, and notarized. If you make written additions or deletions anytime after that period, somebody could contest the validity of the will and cause problems. If you want to make corrections after the legalities are complete, you can either destroy the current will and start over, or draft a codicil to accompany the will you currently have.

2) You were not of sound mind when you wrote the will. Some people may be pressured or heavily encouraged to draft a document in order to bring peace of mind to your family. However, a will written under duress or other influence could be proven invalid if somebody believes you were not of sound mind at the time. You want to make it perfectly clear that your wishes are your own, and that you have not been forced to write anything you didn't want to write.

3) Changes in marital status. Depending on the laws in your state, a will drafted before a legal marriage or divorce could allow a party to contest your will if you do not have it changed. If you have a will ready and decide to marry or remarry, speak with your attorney about what needs to be done to ensure your wishes are kept intact.

Take care to know what factors could render your last will and testament void.

Article Source: http://EzineArticles.com/?expert=Kathryn_Lively

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Wednesday, May 15, 2019

Probate vs Non Probate - How Assets Pass at Death


Probate vs Non-Probate - How Assets Transfer at Death. John D Williams discusses how assets transfer at death.

Tuesday, May 14, 2019

Incorporation and LLC's - By the People



Rene of By the People Document Preparation Service in Fairfield CA talks briefly about the basic differences between Inc. and LLC, and the benefits and features of each. Give Rene or Tammy a call at 707-428-9871 with any questions you may have so they can help you get the right product for your business.

See more at http://www.bythepeopleca.com

Monday, May 13, 2019

Estate Planning 101 - Wills, Living Wills, Power of Attorney, Trusts


Estate planning sounds so overwhelming: Wills, Living Wills, Power of Attorney, Trusts, Guardianships, etc., etc., etc.

What does it all mean and what do you really, really need to ensure that your family will be cared for when you pass away?

While the following definitions are by no means intended to be all-encompassing, or cover all of the variations of each document, they are helpful for the estate planning novice in determining what documents are right and necessary for them.

What is a will?

A will is a written legal declaration by which a person makes known how their property will be disposed of upon their death. Property includes not only real property (land, house, condominium, business storefront, etc.), but also personal property such as jewelry, art, sports memorabilia, even pets.

What is a living will?

A living will is a legal document, by which a person makes known his or her wishes regarding life-sustaining or life-prolonging medical procedures, such as resuscitation. A living will can also be called an advance directive, health care directive, advance medical directive, or physician's directive.

What is power of attorney?

Power of attorney is a legal document by which Person A gives Person B the power to make decisions about their legal and/or financial affairs upon Person A's incapacitation. Powers of Attorney expire upon your death.

What is a trust?

Trusts come in all forms and can be straightforward or extremely complex. Simple stated, trusts are a financial arrangement that allows a third party (the trustee) to hold assets on behalf of a beneficiary. How and when the assets pass to the beneficiary can be controlled by establishing a trust.

The sooner you get started, the sooner you'll have the peace of mind in knowing that your family will be cared for when the inevitable happens.

Even if you have completed estate planning, it's never really 'done.' Life is going to come along and make you re-do it.

Following are a few examples of life circumstances that necessitate your updating your estate planning documents:

  • IF you had a baby
  • IF you got married
  • IF you got divorced
  • IF you adopted a child
  • IF you have a new grandbaby
  • IF a relationship within your family has changed
  • IF tax laws have changed
  • IF your estate value has dramatically increased (or decreased)
  • IF you moved to a new state
  • IF you retired
  • IF you changed your investments

Article Source: http://EzineArticles.com/?expert=Nancy_L_Holm

Sunday, May 12, 2019

Happy Mother's Day!


“To the world, you are a mother, but to your family, you are the world.” 
—Unknown

Friday, May 10, 2019

Uncontested Divorce Made Affordable - By the People


Divorce is probably never easy, but it doesn't have to be expensive. Rene of By the People in Fairfield CA talks briefly about help with uncontested divorces with our without children. Rene or Tammy will be happy to answer all your questions. Call them at 707-428-9871 and you can visit the website at http://bythepeopleca.com

Thursday, May 9, 2019

QDRO Forms to Divide Pension Benefits in Divorce - "Shared Interest" Or "Separate Interest" Approach


Many people facing the prospect of divorce are surprised to learn that pension benefits accrued during the course of a marriage are considered marital property (or, in some states such as California, community property) that is divided between the spouses upon divorce. A pension plan falls under the category of retirement plans known as defined benefit plans. These types of retirement plans generally provide that upon retirement, the participant (employee) is entitled to a monthly annuity that is payable over his or her lifetime.

Because of certain provisions contained a Federal law known as the Employment Retirement Security Act, a divorce judgment or matrimonial settlement agreement, standing alone, is not a legally sufficient mechanism for dividing a pension plan. It is essential that a further order, known as a qualified domestic relations order (QDRO) be entered by the court and approved by the pension plan administrator.

In situations where the participant spouse is not yet retired, the QDRO form can utilize two different methods for dividing pension benefits. These include the "shared interest approach" and "separate interest approach."

If a QDRO form uses the Shared Interest Approach, payments to the Alternate Payee cannot begin until the Participant chooses to retire and begins to receive a retirement allowance. Furthermore, payments to the Alternate Payee must end upon the Participant's death unless the Alternate Payee was designated in the QDRO as the surviving spouse of the Participant for the purpose of electing a Qualified Joint and Survivor Annuity and such election was elected by the Participant at the time of the Participant's retirement.

If a QDRO form applies the Separate Interest Approach, a "separate interest" is carved out for the Alternate Payee and adjusted to his or her actuarial life expectancy. In addition, the Alternate Payee controls the timing and manner of his or her receipt of the benefit payments. The Alternate Payee can commence receiving benefits at the Participant's earliest retirement date, rather than wait for the Participant to begin to receive a retirement allowance.

In most instances, it is highly beneficial for the non-participant spouse that the QDRO form utilize a separate interest approach. Sample QDRO forms are available for download. Upon completion of a proposed QDRO form, the document must be submitted to the pension plan administrator for approval, and, thereafter, to the divorce court adjudicating the matter.


Article Source: http://EzineArticles.com/?expert=Marc_Rapaport

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