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What is a Fictitious Business Name Statement?

What is a Fictitious Business Name Statement? A “fictitious business name” has been defined as “[a] business name that DOES NOT include the surname of the individual owner, AND EACH of the partners or the nature of the business is not clearly evident by the name.” Fictitious Business Names, Ernst [...]

By |2023-11-09T18:52:31-08:00July 29th, 2016|

How Can I Ensure my Corporate Name is Available for Use?

How Can I Ensure my Corporate Name is Available for Use? After deciding to incorporate your business, one of the first steps of incorporation is to decide upon a legal name for the business. For each prospective name, it is important to determine whether the name you have chosen [...]

By |2023-11-10T13:53:15-08:00July 27th, 2016|

Must I Register my Delaware LLC in California?

Must I Register my Delaware LLC in California? The California Uniform Limited Liability Company Act (California Corporations Code Sections 17701.01, et seq.) governs the existence of all foreign and domestic limited liability companies in California. California Corporations Code Section 17701.02(j)defines a foreign limited liability company as: “an unincorporated entity formed [...]

By |2023-11-09T18:39:47-08:00July 25th, 2016|

What is a Certificate of Limited Partnership?

What is a Certificate of Limited Partnership? In California, the Uniform Limited Partnership Act of 2008 (California Corporations Code Sections 15800, et seq.) governs the creation limited partnerships. Pursuant to California Corporations Code Section 15902.01(a), to create a limited partnership, the partners must first enter into a partnership agreement, then [...]

By |2023-11-10T13:52:35-08:00July 22nd, 2016|

When Does the Risk of Loss Pass to a Purchaser of Goods in California?

When Does the Risk of Loss Pass to a Purchaser of Goods in California? As with many things in law, the answer to a question like, “When does the risk of loss pass to a purchaser of goods in California?” is “It depends”. When one enters a store and [...]

By |2023-11-10T13:52:02-08:00July 20th, 2016|

What is a Requirements Contract?

What is a Requirements Contract? Many entrepreneurs engaged in the manufacturing of goods for sale must rely on others to provide the raw materials from which those goods are manufactured. When the manufacturing process relies on small quantities of these raw materials, or where these raw materials are common [...]

By |2023-11-09T21:00:28-08:00July 18th, 2016|

What is a Contract of Adhesion?

What is a Contract of Adhesion? Whether we realize it or not, we have all agreed to a contract of adhesion dozens, if not hundreds of times. Indeed, each time we agree to the terms and conditions attached to the latest update to our iPhone’s operating system, we are [...]

By |2023-11-09T19:40:09-08:00July 15th, 2016|

What Should be in an Agreement for the Sale of Goods?

What Should be in an Agreement for the Sale of Goods? While the California Commercial Code (California’s version of the Uniform Commercial Code) may govern the sale of goods in California, where the prices for the goods exceeds $500.00, an agreement not in writing may not be enforceable. To [...]

By |2023-11-10T13:51:07-08:00July 13th, 2016|

How to Write Your Business Plan

How to Write Your Business Plan All business owners and potential business owners probably understand that they will need a business plan at some point. Hopefully, they also understand that the earlier a business plan is prepared, the better for the business because, let’s face it, the business plan [...]

By |2023-11-10T13:50:44-08:00July 11th, 2016|

Why am I Being Asked to Sign a Personal Guarantee?

Why am I Being Asked to Sign a Personal Guarantee? We’ve all heard that one purpose for incorporating a business is to protect the owner’s personal assets from any debts incurred by the business. Although that reason is completely valid, in some instances, forming a corporation may mean that [...]

By |2023-11-10T13:50:19-08:00July 8th, 2016|

Buying an Existing Business: What You Need to Know

Buying an Existing Business: What You Need to Know Many entrepreneurs go into business for themselves by deciding what type of business they wish to start and then starting their business by doing all of the “leg work” for the business on their own. These self-starters generally enjoy not [...]

By |2023-11-09T19:01:15-08:00July 6th, 2016|

How do I Sell a Franchise in my Business in California?

How do I Sell a Franchise in my Business in California? The California Franchise Investment Law (California Corporations Code Sections 31000 – 31516) (the “Franchise Investment Law”), along with Chapter 3, Subchapter 2.6, Sections 310.000 through 310.505 of the California Code of Regulations govern how franchises are sold in California. [...]

By |2023-11-10T13:49:39-08:00July 4th, 2016|

What Protections Do I Have as a Franchisee in California?

What Protections Do I Have as a Franchisee in California? On October 12, 2015, Governor Jerry Brown signed Assembly Bill 525 amending the California Franchise Relations Law (“CFRL”). The bill gave franchisees additional rights against termination of their franchises, provides significant remedies for terminations and non-renewals imposed improperly by [...]

By |2023-11-10T13:49:15-08:00July 1st, 2016|
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