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Richard Burt Professional Law Corporation

55 S. Market St. #1500,
San Jose, CA 95113
(408) 286-7333
Mon - Fri: 9 AM - 6 PM

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Here's an alt tag for the image in under 8 words: Avvo Rating: Richard Gary Burt, Top Attorney 10.0

Buy-Sell Agreements in the Articles of Incorporation

06/20/2018

Under the Corporations Code, if there is a suit for involuntary dissolution, or if there is an election to dissolve voluntarily by shareholders representing only 50% of the voting power of the stock, the dissolution of the corporation and the…

Business Law Attorney Richard Burt Helps Draft New Corporate Law

10/12/2017

A corporation is typically dissolved when the shareholders holding shares that have 50% or more of the voting power elect to dissolve. When an order for relief has been entered under Chapter 7 of the U.S. Bankruptcy Code, the board…

LLC Bound by Contract Even Though Contract Was Outside Its Purpose and Signatory Was Technically Not a Manager

03/11/2017

The following is the text of an e-bulletin that I authored on apparent authority and that was published by the Corporations Committee of the Business Law Section of the State Bar of California. In Western Surety Co. v. La Cumbre…

Ownership of Passive LLC Interest in Manager-Managed LLC Not “Doing Business” in California

03/10/2017

The following is the text of an e-bulletin that I authored and that was published by the Corporations Committee of the Business Law Section of the State Bar of California. In Swart Enterprises, Inc. v. Franchise Tax Board (Jan. 12,…

Individualized Promissory Note Held Not To Be a Security

03/10/2017

The following is the text of an e-bulletin that I authored and that was published by the Corporations Committee of the Business Law Section of the State Bar of California. In People v. Black (Feb. 16, 2017), the court of…

BOE Tax Clearances

08/24/2016

When a business that sells or leases goods at retail owes sales taxes to the California Board of Equalization (BOE), the buyer of the business can be responsible for paying the BOE the amount owing if the seller does not…

EDD Tax Clearance Certificates

08/24/2016

When a business is an employer that owes contributions, interest, or penalties to the California Employment Development Department (EDD), the buyer of the business can be responsible for paying the EDD the amount owing if the seller does not pay…

New LLC Statement of Information Form

08/16/2016

Every two years, a California limited liability company must file a statement of information with the California Secretary of State. The same is true for a limited liability company formed in another state but registered to do business in California. In the past,…

Perils of Dissolution, or Hey, FTB, Where’s My Dough?

07/19/2016

Sometimes a California limited liability company (LLC) or California corporation dissolves and files a final tax return which shows it has a refund coming, but the refund is $800 short. How could this happen? It’s because the Franchise Tax Board (FTB)…

LLC Annual Fee Clarified by Franchise Tax Board

07/15/2016

A limited liability company (“LLC”) doing business in California (whether organized under California law or the law of another state) must pay an LLC annual fee on its “total income from all sources derived from or attributable to this state.”…

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