AdobeStock_102097403-300x200As of January 1, 2024, all entities that are not exempt in California must file reports on their “beneficial ownership” with the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). These reporting rules were part of the Corporate Transparency Act (CTA), which itself was enacted by Congress as part of the 2021 Department of Defense authorization bill. The Los Angeles corporate law attorneys at Structure Law Group, LLP, can advise you on your company’s obligation under the new rules and how to avoid potential regulatory issues with FinCEN.

New Requirements for Disclosing “Beneficial Owners” of Foreign and Domestic Companies

At its core, the CTA is an effort to enhance the Treasury Department’s ability to identify and take legal action against potential money laundering activities. In adopting the CTA, Congress determined that many actors involved in illegal activities like terrorist and tax fraud used “shell” companies to conceal their identities and move their illegally obtained proceeds through the U.S. financial system undetected. Given that corporation law varies from state-to-state, there were no uniform national requirements for reporting the actual or “beneficial” owners of many corporate entities.

AdobeStock_321021088-300x200When a business in Texas is either establishing its first location is looking to upgrade to a bigger space, a commercial lease is often something requiring a business owner’s signature and can be tricky to navigate. You should work with a Texas business attorney to be sure that you are getting the best offer for all of your immediate and long-term needs.

It is important for business owners to understand that commercial tenants often do not have the same rights as residential tenants. For this reason, legal representation is highly advisable because many commercial leases will be seeking long-term arrangements that can involve significant cost concerns.

Common Commercial Lease Questions to Ask

AdobeStock_209619567-300x181For many employers, paying employees with cryptocurrency is probably something you’ve never considered before. But these days, cryptocurrency is inching closer and closer to the mainstream.

Proof of how quickly cryptocurrency is becoming the new normal was evident when New York mayor Eric Adams vowed to accept his first three paychecks in bitcoin, and Miami Mayor Francis Suarez essentially did the same.

In April 2022, the Laredo Morning Times reported that Vantage Bank was planning to offer a new way for their employees to have a savings plan with the company, stepping away from traditional savings plans and offering a digital currency savings plan using bitcoin. While the bank was offering the new savings plan, it planned to continue to provide a traditional savings plan as well.

AdobeStock_377903759-300x200Incorporating a business in Texas involves filing incorporation paperwork with the Texas Secretary of State through a fill-in-the-blank certificate of formation that can be completed with or without the help of a lawyer. The Texas Secretary of State recommends that a decision regarding the business structure is one a person should make in consultation with a Texas corporate lawyer and accountant.

An individual person, other corporations, limited liability companies (LLCs), partnerships, and foreign entities can all incorporate businesses in Texas. Incorporating a business will protect the personal assets of a company’s shareholders from business obligations and debts. This article provides an overview of the steps involved in forming a Texas corporation.

Selecting a Corporate Name

AdobeStock_520992702-300x170For many business owners, there comes a day when it is time to sell their company. When it is your time to sell our business, make sure that you have a Texas M&A attorney by your side to ensure you take all steps necessary to protect your interests and maximize the value of your business.

Your business may be worth more than just the total value of their assets, and this may impact how you sell your business. You will need to decide whether you want your sale to be an asset sale, where you sell the business’s assets but not the entity that owns them, or an ownership sale, where you sell your ownership stake in the entity, which continues to own all of the assets.

Preparing for the Sale of a Business

AdobeStock_537418940-300x169Texas has been one of the nation’s hottest commercial real estate markets in recent years. Many companies are looking to relocate to the Lone Star State – especially in tech-friendly areas like Austin. This creates many opportunities for both buyers and sellers and the Texas real estate lawyers at Structure Law Group can help you in this process.

Commercial real estate transactions involve a lot of rules, contracts, and other moving parts. It is not something to be entered into lightly.

Know Your Goals–And Your Finances

AdobeStock_610212747-300x200In July 2022, CNBC ranked Texas within the top 5 states in the country for business based on 88 metrics in 10 different categories of competitiveness. Texas scored high in areas like workforce, technology and innovation, and the economy. While this is an exciting time to be doing business in Texas, employers must stay current on federal and the state labor and employment laws at the forefront of their mind to avoid costly penalties.

If you are looking for an employment lawyer, look no further than Structure Law Group, LLP. Our Texas attorneys can help you overcome your company’s workplace challenges and navigate a wide range of employment issues.

At-Will Employment

AdobeStock_561407813-300x115There are many risks involved with buying a business. While it is not possible to protect oneself from every potential threat, these risks can be successfully mitigated with effective legal strategies. The Los Angeles mergers and acquisitions lawyers at Structure Law Group, LLP work with entrepreneurs across all industries. Our experience allows us to advise our clients on the best strategies for mitigating risk in all types of mergers and acquisitions. With the right protection in place, Los Angeles business owners can set their newly formed businesses up for success on the first day of operations. Learn more about some of the most common disadvantages of purchasing a business.

Debts, Liabilities, and Other Problems

Due diligence is one of the first steps in any acquisition or merger. In this critical process, the buyer conducts thorough investigations of all aspects of the target business to identify debts and liabilities. A cursory examination is not enough to protect your business from the debts and liabilities of an acquired business. Accountants should thoroughly examine the financial statements to verify the figures that have been presented. Debts should be carefully analyzed. Can they be restructured? Are there better tax strategies for existing debt? In addition to financial liabilities, legal liabilities must also be carefully assessed. Our Los Angeles M&A lawyers thoroughly analyze all aspects of business operations to identify all potential liabilities. Administrative fines, civil judgments, and even corporate criminal liability can cause problems for a reconstituted company after a merger or acquisition.

AdobeStock_388222194-300x205If you own a business or commercial real estate in California, you should consider what will become of these assets when you are ready to retire. If you are looking to transfer your business or real property to your children or other family members, then a California family limited partnership (FLP) may be the best way to do it. But there are a number of potential legal and tax risks involved if you do not handle things correctly. The experienced Silicon Valley partnership lawyers at Structure Law Group’s San Jose office can help steer you and your family in the right direction on these issues.

What is a California Family Limited Partnership?

A business partnership occurs when two or more people agree to own property or operate a business together. In a general partnership, the partners share in the profits and losses of the businesses. This means that a creditor can go after the personal assets of any of the general partners.

AdobeStock_510331242-300x200Much of California’s civil justice system revolves around contractual obligations and the enforcement and collection of debts. Keep in mind that if someone owes you money–or you owe them money–the law only allows the creditor a certain amount of time to take action. This is known as the statute of limitations. If you need advice from a California debtor and creditor rights lawyer, contact the legal team at Structure Law Group, LLP.

When Does the Clock Start Running in California?

The exact length of California’s statute of limitations depends on whether the debt is based on a written contract or oral promise. In the case of a written contract, the statute of limitations is four years. But if it is an oral promise, the limitation period is just two years.