Richard Burt Professional Law Corporation

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What is a Professional Corporation?

01/17/2022

According to the law in California (the Moscone-Knox Professional Corporation Act), a professional corporation is a corporation that is engaged in rendering professional services. In this context, “professional services” are any type of professional services that may be lawfully rendered…

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Good Standing Certificates in California

12/07/2021

California does not issue good-standing certificates under that name. For what is referred to in other states as a “good standing certificate,” the California Secretary of State will issue a CERTIFICATE OF STATUS certifying to the current status of an…

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Administrative Dissolutions

10/01/2021

As previously posted on this blog, California law was changed (AB 2503) to allow the state to dissolve entities administratively instead of allowing zombie entities to remain on the rolls permanently. A word to the wise:  Abandoning the entity and…

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LLC Taxes Due April 15 Even with Extension to File

04/30/2021

A single-member limited liability company (SMLLC) is a disregarded entity for federal income tax purposes. But for state law purposes, California SMLLCs are separate legal entities that are subject to paying the $800 minimum franchise tax (and if gross receipts…

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FTB Has Started to Dissolve Administratively Suspended Corporations

02/28/2021

In 2019, a new law took effect in California, which permits a California corporation to be administratively dissolved if the corporation’s corporate powers have been suspended by the Franchise Tax Board (“FTB”) for 60 consecutive months. Before dissolving the corporation…

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Bulk Sales Law: A Possible Trap for the Unwary Buyer of a Business

06/29/2020

Buyers of businesses should be aware that California, like some other states, has a “bulk sales” law. Its official name is Uniform Commercial Code—Bulk Sales. The bulk sales act is designed to protect the creditors of a business by giving…

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Fraud Alert — Beware of “Barrister Richard Burt” (it’s not me)

05/21/2020

I was contacted by someone who had been asked to pay $5,000 for legal services. The person asking for the money was supposedly Barrister Richard Burt. This impostor showed my office address (right down to the suite number) as his…

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Breach of warranty in the sale of goods and the statute of limitations

05/15/2020

Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal. App. 4th 116. Holdings Noted The four-year statute of limitations bars warranty claims unless the warranty explicitly extends to future performance of the goods and discovery of the breach…

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Out-of-State Partnership Required to File in California because of Pass-Through Income

03/05/2020

LCP VII Holdings LP was a foreign partnership with interests in entities both inside and outside of the United States, and it had California-source income from pass-through entities. It did not file tax returns in California on the basis it…

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Richard Burt Selected as a 2019 Top-Rated Lawyer

07/24/2019

I was informed by the National Law Journal that I was selected as a 2019 Top Rated Lawyer for a special section to be published by it highlighting the West Coast’s Top Rated Lawyers. I would be impressed by my…

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