Every year, the NC Secretary of State office requires businesses to file an Annual Report to maintain their active status. Fortunately, companies do not need to file their first year in existence. In North Carolina, the entity tasked with overseeing and regulating businesses is the Office of the Secretary of State, by authority of NCGS […]
Employee Owned Companies
Employee-Owned Companies are not for everyone. However, when the fit the situation, they can be incredible. What are Employee-Owned Companies? Employee-Owned Companies are exactly what they sound like. Employees own at least part of these companies. Usually, the employees actually own less than half of the company. Advantages The main advantage to having […]
Dispute Resolution Provision Review
It is important to regularly review your dispute resolution provision to ensure it still meets your needs. What is a Dispute Resolution Provision? This provision exists solely to make resolving breaches of contract easier. They come in all shapes and sizes. Choice of Law We discuss choice of law in another blog. You […]
Loopholes are Red Flags
Loopholes are errors in contracts that allows one or more parties to exploit them to create an unintended consequence. Conversely, when you take advantage of the law, that is not a loophole. The difference requires a mistake in the drafting. You need an unintended consequence. Examples of Loopholes I once reviewed a contract that […]
Clauses to Add to Your Service Contract Right Now
If you have a service contract, you must have these clauses. Obviously, you include your price and service terms. These add extra protection to you. Additionally, all contracts need the essential elements of every contract. What is a Service Contract? A service contract is a contract that deals with the exchange of the labor […]
Updating Contracts Within Your Organization
Updating contracts is important. It is an ongoing task your company should be sure to pay attention to. What is a Contract? A contract is a legal instrument where two or more people or entities agree to exchange something or service of value. You can find more on what a contract is here. Contracts have […]
The Anonymous Startup
Creating an anonymous startup is no easy task. For one thing, the Secretary of State requires a registered agent and an organizer to be listed. If they’re not you (which since it is public information, it probably isn’t), who will it be? Can you trust that person not to share who you are? When you […]
What do I do in Case of Employee Theft?
Employee theft is a hard situation to be in for many reasons. First and foremost, you’ve lost whatever the employee stole, and that sucks. This article explores what you can legally do to help recover from that employee. Employee Theft Under North Carolina law, Employee Theft is actually called “Larceny by servants and other employees” […]
Piercing the LLC Veil – SSRS v William Miller et all
We form LLCs because they protect our personal assets from the creditors of the company; however, there is a concept called “piercing the LLC veil” that you should be aware of. Piercing the LLC veil comes from the legal concept of piercing a corporate veil. Essentially, what it means is that you’ve been operating your […]
Entrepreneurship After Employment
For those who may not know my background, before I joined Richard here at Law Plus Plus, I worked at an e-discovery firm in Charlotte. Officially, I was an employee of another firm who sent me to various projects, on a project-by-project basis, like an independent contractor. As many do, I got tired of this […]
Difference Between DBA and LLC
I’ve received this question many times: What is the difference between filing a “Doing Business As” (DBA) and filing for an LLC besides the fact that the DBA is cheaper? Long story short: Everything, but let’s start by examining what these two things are. DBA You may have heard DBAs referred to as a “Doing Business […]
Difference – Nonstatutory and Statutory Stock Options
Earlier, we talked about stock options. Now, we’re going to delve deeper into Nonstatutory (Nonqualified) and Statutory Stock Options. The differences between the two are fairly clear, and generally the statutory stock options are preferred for beneficial tax treatment, if the options qualify. Statutory Stock Options Unless they qualify as statutory stock options, also […]