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19 Aug 2007, 11:50 pm
IV, c. 74 §1 The word ‘Person’ shall extend to a Body Politic, Corporate, or Collegiate, as well as an Individual. 6.b is Euphemistically, the genitals. 1824 Act 5 Geo. [read post]
Limited Liability Companies Are like Corporations for Purposes of Determining Citizenship under CAFA
20 May 2014, 3:00 am
The Fourth Circuit reasoned that the term “business enterprise” includes both corporations and non-corporate entities, and the District Court noted that use of the terms “business enterprise,” “corporation,” and “unincorporated association” reflects Congress’s intent to subdivide the entities covered by the term “business enterprise” into two categories: corporations and… [read post]
6 Jan 2017, 4:18 am
Rarick, Miami Asset Protection Attorney Within the past week, the Florida Department of State began sending notices by email to all persons with interests in Florida corporate entities, such as LLC’s, corporations, and limited partnerships. [read post]
14 Nov 2006, 9:23 am
As our amazing Illinois Corporate Colloquium speaker series wraps up this week, Larry Mitchell is speaking today on corporate behavior. [read post]
29 Jul 2009, 2:47 pm
By guest blogger Jerry Chiang When courts decide whether to pierce the corporate veil, their analysis is typically a three-step process: (1) whether the defendant-owner exerts sufficient control over the business entity, (2) whether there has been an abuse of corporate form, and (3) whether there is an injury to a third party. [read post]
13 Mar 2022, 5:50 pm
Five factors considered in determining whether to pierce the corporate veil are: (1) whether the company was adequately capitalized for the undertaking; (2) whether the company was solvent; (3) whether corporate formalities were observed; (4) whether the dominant shareholder siphoned company funds; and (5) whether, in general, the company simply functioned as a facade for the dominant shareholder. [read post]
26 Jul 2021, 10:31 am
The new law, applicable to tax years beginning on or after January 1, 2021 and ending before January 1, 2026, allows for many partnerships, limited liability companies taxed as partnerships, and S-Corporations to pay an entity level tax based on electing individual owners’ share of income, and then grants the owners a credit against California personal income tax for the full amount of tax paid at the entity level on their distributive share… [read post]
20 Jul 2021, 9:30 am
The new law, applicable to tax years beginning on or after January 1, 2021 and ending before January 1, 2026, allows for many partnerships, limited liability companies taxed as partnerships, and S-Corporations to pay an entity level tax based on electing individual owners’ share of income, and then grants the owners a credit against California personal income tax for the full amount of tax paid at the entity level on their distributive share… [read post]
8 Jun 2010, 11:17 am
Employees of an entity providing services to a school district pursuant to a contract are not employees of the school districtHandley v New York State Teachers' Retirement Sys., 2010 NY Slip Op 04667, decided on June 3, 2010, Appellate Division, Third Department [5 proceedings]Brett A. [read post]
1 Feb 2019, 10:51 am
L. 51-86 (2017).5. [read post]
25 Jan 2024, 9:05 pm
That’s a general reminder to make sure that the choice of legal entity and its implications, and the governance structure for that entity, are fully appreciated in advance of formation. [read post]
25 Jan 2013, 8:46 am
For purposes of the act, a health care entity is any of the following that employs a physician to provide physician services: (1) a hospital registered with the Department of Health, (2) a for-profit or nonprofit corporation, (3) a limited liability company, (4) a health insuring corporation, (5) a partnership, or (6) a professional association that, under Ohio law, must be composed only of individuals authorized to perform a professional service. [read post]
22 Aug 2007, 8:42 am
Of the two, entrepreneurs focus primarily on choice of entity–LLC, Corporation, etc. [read post]
17 Jul 2019, 1:59 pm
In determining the alter ego of an entity, courts consider a variety of factors, including whether: 1) the corporation was operated as a distinct business entity; 2) funds and asserts were commingled; 3) adequate corporate records were maintained; 4) the nature and form of the entity’s ownership and control facilitated misuse by an insider; 5) the business was thinly capitalized; 6) the… [read post]
14 Mar 2024, 10:54 am
Yellen, No. 5:22-cv-01448 (N.D. [read post]
5 Aug 2020, 5:00 pm
[5] Id. at 4 [read post]
1 Mar 2012, 10:49 am
Violation of any obligation, duty or standard of conduct under the applicable chapter containing the benefit corporations laws (the “Chapter”).A benefit enforcement proceeding may be commenced or maintained only: (1) directly by the benefit corporation; or (2) derivatively by a shareholder, director, person or group that owns beneficially or of record 5% or more of the equity interests in an entity of which the benefit corporation is… [read post]
30 Mar 2017, 7:31 pm
These factors included: (1) disregard of corporate formalities; (2) inadequate capitalization; (3) intermingling of funds; (4) overlap in ownership, officers, directors, and personnel; (5) common office space, address and telephone numbers of corporate entities; (6) the degree of discretion shown by the allegedly dominated corporation; (7) whether the dealings between the entities are at arm’s length; (8) whether the… [read post]
30 Mar 2017, 7:31 pm
These factors included: (1) disregard of corporate formalities; (2) inadequate capitalization; (3) intermingling of funds; (4) overlap in ownership, officers, directors, and personnel; (5) common office space, address and telephone numbers of corporate entities; (6) the degree of discretion shown by the allegedly dominated corporation; (7) whether the dealings between the entities are at arm’s length; (8) whether the… [read post]
25 Feb 2021, 9:08 am
Aug. 20, 2019).[5] Norddeutsche Landesbank Girozentrale v. [read post]
