Can I Move My Limited Liability Company (LLC) From One State to Another?
If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.
Statute of Limitations on Landlord Tenant Security Deposit Disputes
A security deposit is a refundable fee that a new resident gives to their landlord in addition to advance rent payment. The security deposit is essentially an insurance on the property in the event that the tenant causes any damages made by the tenant that exceeds ordinary wear and tear.
What is the Florida Documentary Stamp Tax?
The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.
What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?
In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.
What is a Fictitious Name or “DBA” in Florida?
Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”
Florida’s Slayer Statute
One of the most bone-chilling and eerie probate laws in Florida is the “Slayer Statute”. Essentially, slayer statutes prevent murderers from inheriting from their victims. The majority of the states in the U.S. have enacted statutes preventing someone from inheriting from an individual whose death they have caused, but specific rules and provisions vary from state to state on how the Slayer statute is applied.
For example, some states vary on whether an insanity defense is taken into account on the topic of inheritance and probate. Other distinctions include whether the “slayer” committed an intentional homicide and not a manslaughter, whether a criminal conviction is required for the Slayer statute to be applied in the probate context, and whether the heirs of the “Slayer” are also disinherited.
What is a Like-kind Exchange?
A like-kind exchange (also referred to as a 1031 exchange or Starker exchange) can help lower your current tax bill by deferring the tax due on the sale of your property.
Your Questions About PPP Loan Forgiveness Answered
With the SBA’s release of the simplified PPP Loan Forgiveness Application, business owners are trying to navigate all the available options for PPP loan forgiveness. Here are some common questions with answers according the SBA’s regulations as of October 13, 2020. Please note that the SBA’s requirements and application process for PPP Loan Forgiveness are constantly evolving, thus you should always double check that this information is consistent with the current guidelines provided by the SBA.
The SBA Announces New, Simplified Loan Forgiveness Application
As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.
How Will My Heirs Inherit From Me?
A topic that comes up often in estate planning is how to divide up estate assets among beneficiaries. “Should I divide up my inheritance?” “Should one child get more than the other?” As estate planning attorneys, our role is not just to prepare documents and make sure things are in place for our client’s wishes and intentions to be carried out, but to also counsel and advise our clients on the best strategies given their unique situations.
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