Business Law

  • LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

    LLC Withdrawal and the Operating Agreement: Know Where the Exits Are Before Creating Your LLC

    Anthony Cartee

    ·

    LLC Withdrawal and the Operating Agreement – The limited liability company (“LLC”) has become one of the most desired forms of a closely held business organization. As an unincorporated business entity, the LLC is favored because of its pass-through tax treatment as well as its maximum operating flexibility. However, an LLC also demands a well-written and comprehensive operating agreement, especially when it comes to the withdrawal or dissolution of a member. The Power to Dissociate and Member LLC Withdrawal In 2014, California passed the Revised Uniform Limited Liability Company Act (RULLCA), which provides that a member generally has the power… Read More

  • Legal Considerations & Covid-19 Pandemic

    Legal Considerations & Covid-19 Pandemic

    Anthony Cartee

    ·

    LEGAL CONSIDERATIONS DURING COVID-19 PANDEMIC: CONTRACTUAL AGREEMENTS AND FORCE MAJEURE With the onset of the COVID-19 pandemic, there is increasing disruption to supply chains for buyers and sellers of goods. From unpaid invoices to the inability to fulfill an order, your business may be dealing with issues that are increasingly becoming more common. It is important that we discuss applicable provisions and ideas in tackling such issues, such as force majeure and other defenses. First off, when dealing with an issue such as an unpaid invoice for goods, you will look to the Uniform Commercial Code (“UCC”) which governs the… Read More

  • Rejected Custom Goods & Seller’s Remedies

    Rejected Custom Goods & Seller’s Remedies

    Anthony Cartee

    ·

    REJECTED CUSTOM GOODS & SELLER’S REMEDIES Rejected Order? In a time when you can sell or purchase products from virtually anywhere in the world, there are many potential problems you can run in to as a seller, especially when you produce customized products. For example, let’s say you’re a seller of custom goods. You don’t have a formal written contract with your buyer, but you do have a purchase order and the specifications for the custom product. You make the customized product and everything looks good, so you ship the goods to your client. But the day after you shipped… Read More