Archives for June 2011

What To Do If You Are Injured on a Cruise Ship

What To Do If You Are Injured on a Cruise Ship: Many people are injured every year on cruise ships. Many of those people are unaware of how to take proper legal action. Do not let yourself be one of those people. One of the most common mistakes passengers of cruise ships make is that they do not know how long they have to file suit. Most cruise lines have their own statute of limitations of one year in small print located on the back of ticket. If someone injured on a cruise ship fails to file suit against the cruise line within one year from the date of the accident, they will be unable to recover from the cruise line. The other common problem people have is that they do not know where to file suit. Most often, this information is also located on the back of the ticket in small print. Because Miami, Florida has the world’s largest cruise ship port, many cruise lines state that any person who wishes to take action against them must file in Florida, and particularly in Miami. If a person is injured on a cruise ship and files in another location, they risk dismissal of the case for improper venue and they risk the running of the statute of limitations.

If you receive an injury on a cruise ship, you should do as many of the following as possible. Get contact information from all witnesses. Take a picture of your injuries and the area where the injury occurred as soon as possible. Report the incident to the proper authorities on the ship and make sure to get a written copy of any report they make. Seek treatment from the ship’s physician on board and try to get a copy of his report and try to see a physician on shore the next time the ship docks.
The most important thing to do as a victim of a cruise ship injury is to seek the assistance of an attorney with knowledge and experience of maritime law. Boyer Law Firm will be happy to assist you in these matters as we are fully equipped to handle these issues. The laws that generally governs cruise ships is maritime law, but cruise ships also have special maritime law that apply only to cruise ships. They can also be subject to laws of the United States, the state of Florida, and any applicable international treaties. Because there is such an array of laws applicable to cruise ships it is important to receive the assistance of an attorney that is able to navigate all applicable laws. Please contact us with any further questions.

Partnerships Think Before You Shake On It

Partnerships Think Before You Shake On It: A partnership is the relationship existing between two or more persons who join to carry on a trade or business. Each person contributes money, property, labor or skill, and expects to share in the profits and losses of the business. While a partnership can be simple to establish and very lucrative, there are a couple of things you should know before you decide to “shake on it.”

Partnerships have their advantages, but the few disadvantages will make any person think twice. In a partnership business partners are jointly and individually liable for the actions of the other partners. In other words, if one business partner enters into a binding contract on behalf of the business, without the other business partners consent, all of the business partners are bound and responsible for that contract.

Partnerships Think Before You Shake On It

Therefore, one business partner’s yes, means yes by all business partners, consensual or not. This also means that partners are personally liable for all business debts and obligations, including court judgments. As a consequence, if the business itself can’t pay a creditor, such as a supplier, lender, or landlord, the creditor can legally come after any individual partner’s house, car, or other possessions.

Another disadvantage to a partnership is profit-sharing. Business partners must share the profits. Sharing the profits, should also equate to sharing the workload. Hence, having a trustworthy, dependable, contributable, and honest partner is one of the most important aspects of the partnership. In addition, a partnership must file an annual information return to report the income, deductions, gains, losses, etc., from its operations, but it does not pay income tax. Instead, it “passes through” any profits or losses to its partners. Each business partner includes his or her share of the partnership’s income or loss on his or her tax return. So before you “shake on it,” and call it a deal contact Boyer Law Firm.

Since, decisions are shared in a partnership and disagreements can occur protect yourself and let Boyer Law Firm assist with drafting your partnership agreement or deciding what business entity is best for you and your future plans.

Avoid Piercing your Corporate Veil

Owning and maintaining a company can be a lot of work. It is important that you sit down with a lawyer from the beginning to lay a good foundation. Lack of a good foundation and proper maintenance can lead to bad news and financial worries not only for the corporation but also the shareholders. When a company is not built on a solid foundation the company opens the door for a creditor to pierce the corporate veil. “What is the corporate veil, you may ask?” The Corporate Veil is a legal concept that separates the personality of a corporation from the personalities of its shareholders, and protects them from being personally liable for the company’s debts and other obligations. This protection is not indestructible, and destruction usually begins on the inside of the company.

To avoid such destruction it is important that the Company’s records, financial paperwork, and tax information remain current. It is very important to keep the Company’s personality separate from its shareholders. It is imperative to avoid co-mingling funds or improper conduct that could lead the court to find that the company’s business was not conducted in accordance with the provisions of corporate legislation. The Court may hold the shareholders liable for the company’s obligation if the creditor can prove the following:

(1) shareholder dominated and controlled corporation to such extent that corporation’s independent existence was in fact non-existent, and shareholder was alter-ego of corporation;
(2) corporate form must have been used for fraudulent or improper purpose; and
3) such fraudulent or improper use caused injury to claimant.

Avoid the worries, the time, and litigation, Boyer Law Firm is equipped to assist you. If you need assistance with filing your paperwork for incorporation, setting up your business finances, or preparing your tax information contact Boyer Law Firm.

Transferring Shares in a Corporation

Owning shares in a company represents an individual’s share of ownership in the company. Shares in a company or corporation can be transferred, assigned or sold between seller and buyer. Before the process of transferring can begin, it is important to determine the type of business entity shares will be transferred through. There are several types of business entities: corporations, limited liability companies and even partnerships. Each business entity differs in the type and number of shareholders in which a company or corporation is composed.

Transfer of shares varies with the type of business entity because each business entity would have their own operating agreement or shareholder agreement guiding the transfer of shares. Ideally, each corporation should have its own type of agreement. An operating agreement is a contract among the members or shareholders of a corporation outlining how to run the corporation whereas a shareholder agreement imposes restrictions on the sale of stock. If there is no shareholder agreement, a corporation must assign a realistic value to its shares. It is important to note that these agreements must conform to state corporation laws. It is important to preserve the tax status to be aware of the transferee’s (new shareholder or LLC member) immigration and/or incorporation status.

Once you have determined whether there are shareholder agreements, a purchase agreement can be drafted for the transfer or sale of shares. A purchase agreement outlines the terms and conditions of the transfer or sale of the share. The last step is to record such share transfers in the record books by updating the title on the share certificates and listing the changes in stock ownership. Boyer Law Firm is equipped to handle these type of situations whether it be drafting a share transfer agreement, or to preserve your tax status. Please contact Boyer Law Firm for more information.

Tips to Purchasing Florida Property from Canada

Tips to Purchasing Florida Property from Canada: Many Canadians want to buy property in Florida whether it is a vacation home, an investment property or a second residence. Florida offers a variety of lifestyles from beachfront property, to life on the Intracoastal. However, Canadians often have the same questions when inquiring about Florida real estate:

– How much do I have to pay in taxes?
– Will I get taxed on any gains after selling the property?
– Will I get taxed in Canada?

Let us begin with choosing the right property in Florida which meets your needs. Due to the U.S. economy, many Canadians are looking to buy property in the U.S. since housing rates have plummeted. In deciding on the property, always look at the community you are buying into. The economy has affected both good and bad communities. As a Canadian, you will want to invest in a community which will regain value once the economy improves. If you are looking for good deals, short sales are always a good option. A property in short sale is one that has not been completely repossessed by the lender. One thing to remember with a short sale is that they can take up to six months to finalize. Any offer the seller receives from a buyer is subject to the bank’s approval.

Secondly, some Canadians are not aware of the cost of condo fees or homeowner association fees when deciding on property. You may be able to find a condo unit on the beach for $80,000 due to foreclosures or short sales. However you may also find a condominium with several unoccupied units and other unit owners on the verge of bankruptcy. The owners of the units who have not declared bankruptcy and are still able to make payments will suffer the cost of increased condo fees. This includes Canadians acquiring property. Condo fees are based on the costs of maintaining the building. The fees are dispersed evenly among the unit owners (depending on the size and location of the unit there will be fee difference). If a building is losing owners, the condo fees will be dispersed to those owners who remain. Although the $80,000 condo seemed like the deal of the century, the extra $500 in condo fees are not.

If you are interested in purchasing property in Florida, please contact Boyer Law Firm, as we will be happy to help you in your needs.