Tag Archives: Entrepreneur

An Order Acknowledgment Can Create a Binding Contract

Posted on August 20, 2017 by Elio Palacios, Jr.

This is what is called the “battle of the forms” problem in commercial law. Continue reading →

Posted in Uncategorized | Tagged Acknowledgment Terms and Conditions, Additional Terms and Conditions, Battle of the Forms, Business, Buyer of Goods, Commercial Code, Different Terms and Conditions, Entrepreneur, Merchants, Purchase Order Terms and Conditions, Seller of Goods, UCC | Leave a comment

Contracts for Sale of Goods Must Be in Writing but Can Be Enforceable Even When Not in Writing or When Missing a Contract Term

Posted on May 29, 2017 by Elio Palacios, Jr.

So the commercial code allows for more leeway in forming contracts to promote commercial intercourse. Continue reading →

Posted in Uncategorized | Tagged Business, commercial law, contract formation, Entrepreneur, Law, order acknowledgment, purchase orders, sale of goods, Small business, UCC | Leave a comment

Restraining a Seller of a Business From Competing is Legal

Posted on May 7, 2017 by Elio Palacios, Jr.

When you buy a business from someone the last thing you want is for them to set up shop across the street from you and take your customers away. Continue reading →

Posted in Uncategorized | Tagged : noncompetition, Business, corporate law, Entrepreneur, investments, Law, restraint of seller, sale, sale of business, Small business, Starting a business, trade secrets, transfer | Leave a comment

Invention Developer Services for Inventors Are Highly Regulated

Posted on April 13, 2017 by Elio Palacios, Jr.

If you have that once-in-a-lifetime idea, and want to sign up with an invention developer, make sure certain things are in place because the law requires them. Continue reading →

Posted in Uncategorized | Tagged assignment, Business, copyright, Entrepreneur, intellectual property, invention developer, Law, patent, Start Up, Starting a business, trade secrets, trademark | Leave a comment

Daily Penalties for LLC Failing to Keep Records

Posted on April 3, 2017 by Elio Palacios, Jr.

If any member makes a demand that such records be kept when they are not, the LLC will be subject to a daily penalty of at least $25 per day. Continue reading →

Posted in Uncategorized | Tagged accounting books and records, Business, corporate law, Entrepreneur, Finance, Law, limited liability company, llc, LLC members, record keeping, Small business, Start Up, Starting a business | Leave a comment

Dissociation of LLC Member Does Not Discharge Them from Liability to LLC Members

Posted on March 22, 2017 by Elio Palacios, Jr.

Becoming a member in an LLC is a serious commitment and dissociation does not relieve the dissociating member from liability, whether the dissociation is voluntary or not. Continue reading →

Posted in Uncategorized | Tagged Business, Business idea, corporate law, Entrepreneur, Law, limited liability company, llc, LLC members, Member Dissociation, Small business, Start Up, Starting a business, transfer | Leave a comment

Oral Agreements of LLC Members Can Be the Operating Agreement

Posted on March 15, 2017 by Elio Palacios, Jr.

A sole member of an LLC can also have an operating agreement, whether written, oral or implied. Continue reading →

Posted in Uncategorized | Tagged Business, California Revised Uniform Limited Liability Company Act, corporate law, Entrepreneur, investments, Law, limited liability company, llc, LLC members, operating agreement, oral agreement, pierce the corporate veil, Small business, Starting a business | Leave a comment

Some Shareholders Have an Absolute Right to Inspect Corporation Records

Posted on March 6, 2017 by Elio Palacios, Jr.

Inspection rights are important to shareholders and directors. The corporation has an obligation to provide access to its records according to applicable law. Continue reading →

Posted in Uncategorized | Tagged accounting books and records, Business, corporate law, Entrepreneur, Law, right to inspect corporation records, shareholders rights, Small business, Start Up, Starting a business | Leave a comment

Securities are Stocks, Debentures, Viatical Settlement Contracts, Straddles, and More

Posted on February 25, 2017 by Elio Palacios, Jr.

In other words, whenever you are trying to raise money for your business, no matter how creatively you have structured the investment, odds are you are really just offering or selling securities that will likely need to be registered or otherwise exempt from registration. Continue reading →

Posted in Uncategorized | Tagged bonds, Business, business opportunity, corporate law, debenture, Entrepreneur, Finance, franchise, investments, options, securities, security, Small business, Start Up, Venture capital | Leave a comment

Shareholder Meetings Don’t Even Have to be Meetings

Posted on February 3, 2017 by Elio Palacios, Jr.

Shareholder meetings can be a problem for many corporations because the shareholders or single shareholder do not get around to holding them. They are busy running their business. Continue reading →

Posted in Uncategorized | Tagged Articles of Incorporation, Business, corporate law, corporation articles of incorporation, corporation bylaws, Entrepreneur, shareholder action, shareholder annual meeting, shareholder meetings, shareholder special meeting, shareholder unanimous written consent, shareholder written consent, shareholders' approval, Small business, Starting a business | Leave a comment