Richard Burt Professional Law Corporation

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Richard Burt Law: Handling M&A Transactions

12/19/2014

Smart merger and acquisition transactions can be a key component of business growth and on-going success. Business attorney Richard G. Burt is ready to assist at every stage of a merger or other acquisition transaction and to assure that the…

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Misleading Certificate of Status Solicitations

12/17/2014

The California Secretary of State has issued warnings about misleading certificate of status solicitations. Directors and officers of corporations and managers and members of limited liability companies (LLCs) should be wary of such solicitations. As a public service, the text…

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Out-of-State Business Entity Doing Business in California

12/09/2014

An out-of-state business entity is a corporation or limited liability company formed under the law of another state (say, Delaware or Nevada). An out-of-state entity is often referred to as a “foreign” corporation or as a “foreign” LLC. An out-of-state…

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Forming an Out-of-State Entity To Do Business in California

12/09/2014

Sometimes the owner of a business in California believes that forming a business entity (such as a corporation or limited liability company) to do business in California is best done under Delaware law or Nevada law. While this may at…

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Why Bother with Corporate Minutes?

12/09/2014

The most common reason for a founder or entrepreneur to set up a corporation is to limit his or her exposure to the liabilities of the business. A corporation provides a shield against the debts of the business. In most…

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Corporate Compliance Center Notice – Good Idea or Rip-Off?

12/09/2014

Every year, I receive a slew of mailings on behalf of my corporate clients from the (self-proclaimed) Corporate Compliance Center, which contains an “Annual Minutes Compliance Notice.” Bearing a slight resemblance to the annual statement of information that must be…

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Filed UCC Termination Statement Binding on Lender Even If Mistaken

12/08/2014

In a recent case, a lender made several financings of a borrower. The borrower paid off one financing, and the lender authorized the filing of a termination statement to release its security interest in a particular asset that secured that…

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Breach of Fiduciary Duty by Corporate Insiders Requires Remedy, Even if Damages Unclear

11/01/2014

When corporate insiders transferred to a new corporation corporate assets claimed to be worthless, the shareholders had a right to a remedy, even if the damages were unclear. In Meister v. Mensinger (2014) 230 Cal. App. 4th 381, Sesame Technologies, Inc., was…

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Bank CD’s not covered by Securities Litigation Uniform Standards Act of 1998

03/25/2014

In Chadbourne & Parke LLP v. Troice (U.S. Supreme Court February 26, 2014), the Supreme Court held that bank CD’s not traded on national securities exchange are not a “covered security” and therefore a class action based on fraud in connection…

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Refund of Late-Filing Penalty for Single-Member LLCs

02/08/2014

For income tax purposes, a single-member limited liability company (SMLLC) is treated as a disregarded entity. That means that the income or loss of the entity is reported by an individual taxpayer on Schedule C of the taxpayer’s tax return.…

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