LLC Vs Llc Case Summary

As a hybrid of partnerships and corporations, LLC’s provide limited liability for debts and flexibility to be taxed as a partnership or corporation (Staring and Naming a Business Presentation, 2012, Slide 5). Some specific advantages include being empowered authorities in the management of the business, diversity of members, limited liability, pass-through taxation, and less paperwork (appreciated by many). A drawback of this business structure is the need for a tailored operating agreement that specifies the specific needs of the

• LIABILITY – Stockholders personal assets are not subject to claims of creditors. The corporation itself is responsible for its actions and liabilities. • INCOME TAXES – Shareholders in a corporation are subject to “double taxation” as in first the corporation is subject to corporate taxation, then money is paid out in dividends. Which then is taxed again as personal income tax. • LONGEVITY - The life of a corporation is limitless as

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

Herein will begin with an overview and introduction from personal knowledge of DixieLands Glory, LLC; a small family owned and operated business for the purpose of owning and managing rental properties. The company was initially operated as Warf’s Rentals; in 2003 the business was renamed and incorporated to become DixieLands Glory, LLC. The business is operated from a small office located in the family’s home, which is located in Linden, Tennessee. DixieLands Glory owns, operate, and manage approximately eighty-five rental units ranging from single-family homes to 4-plexes and mobile home parks. The properties that the company owns are mostly located in the states of Tennessee and Alabama. Of this, about 50 percent are located in the family’s hometown of Linden, Tennessee, with the remainder being located in two other Tennessee counties, and Decatur, Alabama.

C corporations are able to have unlimited shareholders, which is probably an important characteristic to large companies. (S corporations, for example, may not have more than 100 shareholders.) C corporations can also be owned by non-citizens or other business entities, where S corporations can only be owned by individuals who are US citizens.

• Longevity and Continuity: S- Corporation is similar to the C- Corporation that even after the death of the founder will continue. Corporation can be dissolved by shareholders or a court order.

LONGEVITY- A C-corporation life is potentially unlimited. The C-corp company could exist if it can continue to make a profit and cover all of the debt. If a shareholder dies or leaves the company it will not automatically lead to the dissolving of the business. The shareholders stakes are transferred to another party.

A1d: A C-Corporation is a business form in which the ownership and the company are seen as legally separate entities.

evidence. ~(RT 212)~ The prosecution also played portions of the recording during closing arguments. ~(RT 323)~

The statute of limitations does not continue to run for a counterclaim after a plaintiff’s complaint. In Atl. City Hosp. v. Finkle, 110 N.J. Super. 435 (Cnty. Ct. 1970), the court held a counterclaim filed more than two years after the claim arose was not barred by the statute of limitations since the plaintiff had initiated the principal action within the time limit. In that case, the plaintiff hospital filed for summary judgment on the defendant’s counterclaim for damages from breach of warranty, stemming from an original complaint of the plaintiff requesting payment for unpaid hospital bills. Id. at 437. In their analysis, the court stated that there was lack of precedent on the issues in the state of New Jersey. Id. at 438. The court further

Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

“The considerations of practicality and principle discussed … above appear to support the respondents ' case, namely that a bribe or secret commission accepted by an agent is held on trust for his principal. The position is perhaps rather less clear when one examines the decided cases … However, to put it at its lowest, the authorities do not preclude us adopting the respondents ' case in that they do not represent a clear and consistent line of authority to the contrary effect. Indeed, we consider that, taken as a whole, the authorities favour the respondents ' case.” (per Lord Neuberger in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45 at [46].

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

In order for an informed decision to be made in regards to appropriate business structure for any business it is necessary to understand each business structure separately and any attempt to understand business structure must consider the C-corporation as a baseline against which to compare subsequent business structures. A C-corporation is a business organized as a separate entity from the owner or owners of the business that requires the observation of certain formalities. In Texas these formalities include adopting bylaws, maintaining a record of accounts, issuance of stock, recording the issuance and transference of stock, recording minutes of board of director and shareholder meetings, as well as maintaining a record of current and past shareholders (Tex. BOC § 21). It is important to remember that corporate formalities will require time and expense to maintain and every attempt should be made to comply with these requirements to protect the liability limitation of the corporation’s shareholders, officers, and owners.