Limited Liability Company

Contract Review: Does Covid-19 Excuse Performance?

Published on: April 21, 2020 | by Rarick & Bowden Gold

by: Phillip B. Rarick, Esq.

We have been helping small business owners survive and thrive – in good times and bad – for over 25 years. Here is how we may be able to help you in this current challenging business environment.

1. Contract Review and Force Majeure. A Force Majeure clause is a standard clause in many contracts. If you have a contract you are trying to get out of – or the reverse – if you have a person trying to nullify performance under your existing contract the interpretation of the “Force Majeure” clause will be a determining factor.

The Paycheck Protection Fund Is Dry – But Don’t Give Up!

Published on: April 20, 2020 | by Rarick & Bowden Gold

by: Phillip B. Rarick, Esq.

Here is the good news/bad news I received from my bank today regarding my Paycheck Protection Program (PPP) Application: The good news: your application has been approved; the bad: the SBA is out of money and you must wait for Congress to refund the program!

Although I have heard of a few small businesses that have received funding I am guessing that most persons reading this letter have encountered similar frustrations. Note: if you have received funding, please so reply.

5 Quick Tips On Maxing Out Loan Forgiveness

Published on: April 17, 2020 | by Rarick & Bowden Gold

by: attorney Phillip B. Rarick

You can always count on the Americans to do the right thing – after they’ve tried everything else. – Winston Churchill.

Millions of small business owners and self-employed have filed for loans under the Paycheck Protection Program because part or all of the loan can be forgiven if you retain your employees and maintain their salary levels.

Unable to Fulfill Your Contractual Obligations Due to Covid-19?

Published on: April 16, 2020 | by Rarick & Bowden Gold

By: Jacqueline R. Bowden Gold, Esq. and Phil Rarick, Esq.

The Coronavirus has left the US economy in a stand still. It has forced businesses to shut down and events to be cancelled or postponed across the nation – creating significant anxiety for small business owners. During these times, many businesses are unable to or fear they will become unable to fulfill their contractual obligations.

Here is a term you’ve probably heard before but never paid much attention to: Force Majeure. If you are unable to fulfill your contractual obligations or are worried that the obligor (the person who has a duty to perform) under an existing contract will not perform, Force Majeure is an important provision to look for in your contract.

8 Point “Porcupine” Asset Protection Strategy

Published on: October 9, 2018 | by Rarick & Bowden Gold

May the odds be with you –but frankly they’re not. More than 60% of doctors over the age of 55 have been sued at least once, according to a new survey by the American Medical Association (AMA). Doctors are not the only professionals at risk. Virtually all small business owners and professionals face multiple risks from the person injured at a party on one of your properties, the “friend” who borrows your jet ski and hits a swimmer, dissatisfied customers, disgruntled employees, and unhappy ex-partners.

It is a simple reality: We live in a hostile legal environment, and the chance you will not face costly litigation at some point in your career is not good. The good news is that you can fight back. Here is a quick summary of our “Porcupine” Asset Protection Strategy with tested legal strategies that can help protect your investments and property.

Make Your Assets As Unattractive as Possible to Attack with a Good Asset Protection Strategy

Business Dispute Resolution without War

Published on: August 18, 2015 | by Rarick & Bowden Gold

By Phil Rarick, Esq.

Here is a simple fact: most small businesses cannot afford or even survive a major dispute between partners if the dispute ends up in court. Such disputes can doom the small business due to interruption of the company business, distract the principal partners from focusing on growth, and soak up all capital needed to sustain the company.

The following are 5 Take Away Points for avoiding court intervention in your business:

7 Point Checklist for Florida Corporate Entities

Published on: March 30, 2011 | by Rarick & Bowden Gold

By Phillip B. Rarick, Miami Trust Attorney

Time for a Spring Check-Up for your Florida corporate entities. This note is our annual reminder to review your Florida corporations, LLC’s (limited liability companies), or partnerships. Here is our 7 Point Checklist:

1. Annual Minutes Up-to-date?