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The lender gets loan documents signed by the borrower and gets collateral to secure the debt – that is, a lien on the borrower’s property. It sounds easy and familiar. So what can go wrong here? The progression of cases interpreting the Uniform...
By: Serge Filatov With interest rates still at historically low rates, many people here in Silicon Valley and San Jose are taking out inexpensive debt to finance their business and real estate needs . The first step in obtaining commercial debt is obtaining...
By: Robert Hawn As a San Jose corporate lawyer, many of our clients make their money through software licenses. As part of their deals, a number of risks have to be allocated. As explained in my blog posted on May 18 [ Creatively Covering...
By: Tamara B. Pow Will you be denied a deduction for your share of LLC losses? You may have pass through losses from your LLC membership interes t , but that does not mean you can deduct them against your personal taxes this...
By: Tamara B. Pow Are you calculating the LLC fee correctly for an LLC’s sale of real estate? The Franchise Tax Board just released FTB Legal Ruling 2016-01 (July 14, 2016) regarding the calculation of the limited liability company fee under California Revenue...
By: Tamara Pow The Secretary of State is revising LLC forms again. Back in May, I wrote that the Secretary of State does not revise its forms often, but when it does, it is critical that business owners are aware of the changes so...
If you have always wanted to invest in a start-up business , whether a high tech emerging growth company or a low tech products company, you have no doubt heard of the new SEC rules allowing crowdfunding. Part of the excitement comes from...
By: Tamara B. Pow Will your LLC be suspended for failure to file the Statement of Information because you use an outdated form? In May of 2016 the California Secretary of State published a new form of Statement of Information for Limited Liability...
By: Tamara Pow A limited liability company (“LLC”) can terminate for tax purposes even though it has not been dissolved with the California Secretary of State , resulting in potential tax consequences for the members. Members should be aware of when this could...
If you are an emerging growth high technology start-up , or a closely-held small business, you’ve heard of crowdfunding. Crowdfunding is commonly used to describe an approach to fund raising over the internet, often characterized by small investment amounts by large numbers of people....