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Recent Blog Posts
When to Choose Debt vs Equity Financing for a Business Venture
Whether just starting out or seeking growth, businesses may from time to time need to raise capital. To do so, companies will turn to one of two financing sources, both with their advantages and disadvantages: debt and equity financing. A qualified business attorney can represent businesses seeking debt or equity financing.
What Is the Difference Between Debt and Equity Financing?
In debt financing, a business takes on loans to finance its operations and must repay the debt. Equity financing refers to raising money by exchanging ownership shares. There is no repayment obligation with equity financing.
What Factors Influence Whether to Choose Debt or Equity Financing?
When thinking about whether debt or equity financing is the right choice for your company, you will need to consider factors including your company’s:
Common Condominium Homeowners Association Disputes
Owning a Florida condo as either a residence or investment property can be a great personal and financial decision. While the homeowner’s association (HOA) keeps condominiums running smoothly, tenants and owners are also subject to the HOA’s rules and regulations, as well as to Florida condominium association law. Even in the best-run condominiums disputes can sometimes arise, and an attorney experienced in the Florida Condominium Act can provide advice on common HOA disputes.
Financial Impropriety
Disputes about financial impropriety relate to concerns that the HOA improperly commingled funds, mishandled money earmarked for repairs, or engaged in fraudulent behavior. Financial mismanagement is a serious issue that can negatively affect condo residents.
A Landlord’s Guide to Hurricane Damage
If you live in Florida, you know that as wonderful as it is to live in paradise, hurricanes are a significant and often costly downside. The 2024 Atlantic hurricane season so far has brought 17 named storms, including 11 hurricanes total and five major hurricanes. Hurricanes Milton and Helene caused significant damage in Florida.
Landlords in Florida are particularly vulnerable to the property damage and financial issues with tenants that hurricanes can cause. Considering this ongoing threat to Florida landlord property, your Florida real estate attorney can advise you on your rights as a landlord after a hurricane hits.
Preparing for a Hurricane
The old saying that an ounce of prevention is worth a pound of cure is as true as ever when it comes to preparing for hurricane season as a Florida landlord. Some things to keep in mind as you prepare your property for hurricane season, particularly as you draft or review your lease, are to:
Estate Planning for Multinational Residents
Florida is home to a large community of international individuals and families who often have assets abroad. Likewise, expats living outside the United States often have both financial and personal ties to the country. International investors and residents in Florida should consider estate planning with Florida state laws in mind. For these global and international families, there are special legal, personal, and financial considerations to take into account when making their estate plans.
Failure to take into account international estate planning considerations could lead to negative consequences, such as assets going to the wrong beneficiary and unnecessary taxes. Multinational residents should speak to an international attorney with experience working on cross-border issues when crafting an estate plan.
There are a number of scenarios where international estate planning issues arise, including:
Key Mistakes to Avoid With Your Employee Handbooks
As a Florida business owner, you likely already know that strong, user-friendly employee handbooks are a crucial element of your company’s best practices. It is important to ensure that your employee handbook contains essential provisions to comply with employment law and protect your company against employee actions, such as employment policies, a code of conduct, and information about compensation and policies.
While knowing what to include in an employee handbook matters, you should also know the key mistakes to avoid with your employee handbook. A qualified and experienced attorney can advise you about mistakes to avoid with your employee handbooks.
Not Making It User Friendly
While employee handbooks are written primarily to protect employers and comply with the law, they are a tool for employees. Employees will turn to your company’s employee handbook to familiarize themselves with company policies on anything from sick leave to the company’s harassment policy. Write employee handbooks in a user-friendly, easy-to-understand tone that will be understandable for employees across your company. Avoid including complicated legal terms and instead, stick to simple and clear language. Make sure that you address issues and areas relevant to employees such as the company’s PTO and family leave policies (if any), as well as relevant state and federal employee protections.
Strategies to Protect Your Florida Business From Liability
Running a business can be extremely rewarding both personally and financially, but it does have its challenges. One of the most stressful and potentially financially problematic aspects is the exposure to lawsuits that naturally arises while doing business. However, there are several ways to guard against litigation and its financial effects, whether it comes from customers, employees, or regulatory agencies, and to protect your business’ assets in the event your business is sued. An attorney can advise you on mechanisms you may put in place to protect your business, including some we discuss in this post.
Legal Compliance
Ensuring your business complies with all applicable legal requirements can protect your business from liability. This involves monitoring local, state, and federal laws and regulations related to areas such as employment, intellectual property, and your premises.
Top Florida Foreclosure Defense Strategies
It can be a scary prospect when a lender brings a foreclosure action on your home. However, there are several important defenses to a Florida foreclosure action and a qualified Florida attorney can advise you on the defense strategy that is relevant to your foreclosure case.
What is a Foreclosure Action and Defense?
If you stop making payments on their loan, which can happen when facing financial difficulties, a lender can file a foreclosure action to force the sale of the property. A foreclosure is a judicial action in court, and, as a homeowner, you will have an opportunity to defend yourself against a foreclosure action by using a number of defenses in court. There are also legal options to defend your foreclosure outside of the court process.
Top 6 Reasons Single-Member LLCs Need Operating Agreements
One of the most common methods of structuring a business in Florida is as a limited liability company (LLC). This corporate structure is very versatile and can be used for various business purposes. LLCs are also favored because they help shield business owners from liability. Another benefit of the LLC is that solo entrepreneurs may also create a single-member LLC. In fact, that is one of the most common reasons for forming an LLC in Florida.
Although business owners are not legally required to draft an LLC operating agreement when forming a single-member LLC, an LLC operating agreement drafted by an experienced business law attorney can ensure liability protection and stability.
What Are the Top Six Reasons Why a Single-Member LLC Should Have an Operating Agreement?
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Liability protection: One of the primary benefits of an LLC is that it differentiates between the LLC owner and the company. This can help shield the owner from potential liability. The existence of an LLC operating agreement goes a long way toward showing that the business is operated by a separate legal entity and not by the owner, which can guard against losing liability protection in court.
What Is a Quiet Title Action and When Is It Necessary?
Whether you purchase or sell real estate, one of the most important parts of the transaction process is making sure there is a clean title. This is especially true if you are looking to sell a property because you will be unable to transfer the title if there are claims attached to it.
Clearing a title of any liens or claims sometimes requires a legal procedure called a quiet title action. This article will explore what a quiet title action is, when it is necessary, and how to contact a Florida real estate attorney for more details.
What Is a Quiet Title Action?
A quiet title action is when the owner of a property files a lawsuit to "quiet" any claims to the real estate and thus clear the title. The purpose is to settle the title so that the ownership is undisputed and cannot be challenged. After a quiet title action is concluded, the property’s rightful owner is protected from any further claims against the property.
When Can Tenants Legally Withhold Rent in Florida?
As a landlord, you want to rent property to low-maintenance tenants who will avoid causing issues. For a variety of reasons, however, complications sometimes arise. One of the most frustrating problems landlords face is non-payment of rent. Tenants may withhold their rent for illegitimate reasons, in which case there is a legal process for eviction. In some cases, however, a tenant may have legal justification for withholding rent. It is important for landlords to understand these justifications so they can avoid being in such a situation if possible.
In this article, we will explore when a tenant can legally withhold rent and what steps a landlord can take in response. If you have a dispute with a tenant, contact a Florida real estate attorney who can guide you to the best legal outcome.
When Can Tenants Legally Withhold Rent?
Under Florida law, landlords are obligated to meet certain conditions. If they fail to do so, tenants can be justified in withholding rent. These conditions include:
