Should You Include Passwords in Your Florida Will?

login with username and password in internet browserAs technology increases and increasingly changes, there are many things one must do to adapt to these changes. Drafting a will and estate plan in Florida is no exception.

In many cases, bank accounts and other assets are no longer simply on paper; many are kept electronically and password-protected. If your loved ones do not know the passwords you use to these accounts, then it could become an issue and delay in the probate process when you pass away.

If you keep most of your records electronically, then it may be a good idea to include those passwords in your Florida will or Florida estate plan, or at least include a provision in the will that will allow your loved ones access to this information during the probate process. An experienced estate planning attorney can assist you in the proper way to include this information so that your loved ones will have access to it after you pass away, but so that the information will still be kept secure while you are alive.

In addition, many individuals change their passwords often. If you currently have your passwords in your Florida will or included in your estate plan, but they have changed, then an experienced estate planning attorney will be able to direct you as to how to make this change properly.

Some states will allow for hand-written wills, referred to as holographic wills, but this is not the case in Florida. Although you may want to include something as a provision in your will, if it does not follow the requirements of the Court, then it may be deemed inadmissible and those wishes may not be adhered to during the probate process.

If you do not currently have a will, or if your current will needs to be updated, then contact Boyer Law Firm’s estate planning attorneys today.

Don’t Wait! Start Your Own Florida Business Now!

Start your own Florida Business

One of the most common New Years’ resolutions people make is to find a better job or start their own business. At the same time, most people break their New Years’ resolutions, which is why it may be a good idea to start your business now!

If you have been thinking about taking the leap and starting your own Florida business then NOW is the time to do so!

One of the first steps to start your own Florida business is to register with the State of Florida so that when you are ready to take the plunge, you have everything legally in place so you can hit the ground running. If you are starting a business that includes importing or exporting goods, alcohol sales or distribution, or other activities that have additional requirements or regulations, then the process of obtaining necessary licenses, permits, etc. could delay the amount of time it takes you to start your business.

So don’t wait!

Here at Boyer Law Firm, we can help you to start your own Florida business now. In addition, our attorneys offer a business analysis which will guide you in the direction of things you need to think about before beginning your Florida business. These items include:

1. What type of business entity should I create?

2. Are there licenses I need to start my company?

3. Do I have a commercial real estate location for my company?

4. Do I need legal assistance with my commercial lease agreement?

5. Do I need contracts for my business, such as employment contracts, non-compete agreements, etc.?

6. What haven’t I thought about?

If you have that “entrepreneur itch” and want to start your own Florida business, then contact Boyer Law Firm, P.L. today to see how we can assist you.

Flipping Houses in Florida: For Individuals and Businesses

Flipping houses in FloridaHouse-flipping in Florida and throughout the United States has become increasingly popular. There are even entire television channels devoted to shows about people purchasing properties, fixing them up, and then selling them for a profit.

If you are interested in flipping houses in Florida, then it is important for you to not only find a real estate agent who you trust, but it is also a good idea to develop a relationship with a Florida real estate closing attorney. Here at Boyer Law Firm, we have assisted both individuals and businesses with Florida real estate closings, including performing a closing on multiple properties with the same person or business.

Developing a relationship with a Florida real estate closing attorney will assist you not only in making the closing process go smoother, but by developing that relationship with a law firm such as Boyer Law Firm, P.L., we will also be able to assist you with other aspects of your business, such as contracts, ensuring that your company documents are properly drafted and recorded, estate planning for the owners and employees of the company, referrals to other professionals you will need to work with during running your business, and more.

If you are a foreign individual who is interested in starting a business flipping houses in Florida, then this could also be a path towards and investment visa. It is important to note that a real estate investment company does hold a higher standard as to the amount of capital the investor must commit, but if you are willing to do so, then it could be a great business to start.

Immigration Business Plan: A Key Component of Investor’s Visas

Graphs and Charts ReportAn immigration business plan is one of the most important aspects of an investor’s visa. It outlines the plan and strategy for the company in a way that is easy for the consulate officer to understand. If your immigration business plan is not properly drafted, then the plan you have for the company may not come across as clearly, which could harm your chances of being approved for an investor’s visa.

There are different types of investor’s visas. The most common are the EB-5 visa, which grants permanent residence to the petitioner and beneficiaries for an investment of at least $1 million and the creation of 10 full time jobs, and an E2 visa, which grants temporary residence for a period of five years, with renewals every 5 years for as long as the business is in existence, in exchange for a “substantial” investment and proof that the investment is not marginal.

The immigration business plan is important for both of these types of visas because it outlines key aspects of your business, such as your investment, your operating costs, your employees, and the general plan for your business in the future.

An immigration business plan is not a replacement for genuine investment, but it is an important tool to outline investments you will make in the future, which may be counted towards the total amount of your investment in some cases.

The business plan is an important part of the application for an investor’s visa, but there are also many other items that must be accounted for, which is why you should hire an experienced immigration attorney to assist you in your investment visa application.

Essential Contracts for Your Florida Business

Contracts for your Florida businessWhether you are starting a business or your business is already in existence, it is extremely important to have properly drafted company documents, such as an Operating Agreement or corporate Bylaws, as well as other types of company contracts for your Florida business.

These documents are a legal Florida contract outlining the procedures of your business for important functions, such as opening a bank account, paying taxes, maintaining company records, borrowing money for the business, distributing cash flow, and more.

If you have already registered your business with the State of Florida, it is not too late to have these documents properly drafted. In fact, if you already have a business active in Florida, then you should have a Florida business law attorney review your current company documents to ensure you are properly protected and advise you as to any additional documents that should be drafted or current documents or contracts for your Florida business that should be amended.

Depending on the type of business you have, there may be other contractual documents or agreements you should have to protect yourself, such as employment agreements, employee manuals, distribution agreements, confidentiality/non-disclosure agreements, and more.

There are certain requirements that must be met in order for a contract to be legally enforceable, which is why it is important to have an attorney draft these contracts for your business. Additionally, it is important that you understand your rights and obligations under these various types of contracts.

Are Your Family Members Aware of Your Florida Estate Planning Documents?

Florida estate planning documentsRegardless of your age, it is important to have a properly drafted will and Florida estate planning documents to ensure that your wishes are met after you pass away. When you begin to draft a will and other documents for your estate plan, it is equally important to ensure that your family and other loved ones are aware of the fact that you have drafted these documents.

Even if you do not want your loved ones to be aware of the contents of your will or Florida estate planning documents, then it is still important that they know these documents exist.

Often when a loved one passes away, their relatives are under the belief that the deceased did not have a will or estate plan because the deceased relative did not tell them about their plans. If you write a will and it is not found, then the estate could potentially be subject to intestate administration, which is probate without a written will, in which case your last wishes may not be met.

You should not only notify the person whom you wish to act as the personal representative for your estate, but you should tell at least one or two other close friends or family members. This will make the Florida probate process easier for all involved, which can be a great relief during the difficult time of not only having to grieve over the loss of a loved one, but also having to deal with gathering documents and other aspects of the Florida probate process.

Although we at Boyer Law Firm, P.L. make every attempt to assist you through this process in the smoothest and most stress-free way possible, there are still certain requirements enacted by the Court that must be adhered to. Drafting a proper estate plan and ensuring that your loved ones are aware of the estate plan can aide in making this process go smoother for everyone involved.

E2 Visa: A Stepping Stone to an EB5 Visa and Citizenship

Stepping stone to an EB5 visaInvesting in a business is one of the most straight-forward ways to immigrate to the United States. Depending on the amount of your investment, you may qualify for an E2 visa, which will grant you temporary residence in the United States for a period of up to five years, with renewals as many times every 5 years as the business is in existence.

One of the great things about an E2 visa is that it can be a stepping stone to an EB5 visa, which grants the investor and beneficiaries permanent residence in the United States. An EB5 visa requires an investment of $1 million, except for certain circumstances. However, if you do not have the means to invest the $1 million immediately, you may be able to apply for an E2 visa and build up your $1 million investment over time.

One of the most important aspects you must consider when deciding whether or not you want to apply for an investor’s visa is the commitment you are making to not only invest the initial capital, but you must also be willing to continue to invest capital in the business, especially if your goal is to use the E2 visa as a stepping stone to an EB5 visa, which could eventually be a path to US Citizenship.

FIRPTA Real Estate Transaction Process for Foreign Sellers

FIRPTA real estate transactionIf you are a foreign individual and you are selling your property, or if you are a buyer purchasing a property from a foreign seller, then you will most likely be subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).

In a FIRPTA real estate transaction, 10% of the sales price is withheld from the sellers’ proceeds by the IRS until their tax return is filed the following year. The reason behind FIRPTA is to ensure the foreign seller pays the taxes on the proceeds for the property. Before FIRPTA was enacted, the federal government had no procedure to ensure these taxes were paid, as many foreign sellers of real estate had no further connections to the US after the sale of their property.

It is ultimately the buyer’s responsibility to ensure the FIRPTA real estate transaction process is properly conducted. If the buyer does not properly conduct the FIRPTA process, then they could be subject to penalties for the taxes not paid by the seller.

Here at Boyer Law Firm, we specialize in conducting real estate transactions with both foreign sellers and buyers and have performed multiple closings involving FIRPTA transactions. We not only are familiar with the process, but we work with CPAs who are also familiar with the FIRPTA process to ensure that both the buyer and seller meet all of the FIRPTA requirements so no future complications or consequences arise.

We have seen first-hand the unnecessary additional work that can arise when a FIRPTA transaction is not properly conducted.

Selling a property that involves a FIRPTA transaction requires early preparation to ensure timely action, even before listing the property for sale. Although there are many companies who are able to conduct real estate closings in the state of Florida, there are many advantages to hiring our firm to conduct your real estate closing, including the legal expertise that only an attorney can provide.

Limited Number of H1B Visas Issued: April is Key

Limited number of H1B visas issuedApplications for 2016 H1B visas will begin to be accepted in April, 2015. There is a limited number of H1B visas issued, which is why it is important to submit your application as soon as possible.

In order to qualify for a H1B visa, you must be sponsored by a company, the job offered must require a bachelor’s degree, its foreign equivalent, or a higher degree, and your degree and/or job experience must match the position for which you are applying.

The window of opportunity to apply for an H1B visa will come and go extremely fast due to the limited number of H1B visas issued, which is why NOW is the time to begin preparing your application so that you can be one of the first ones to apply for the visa.

In 2014, USCIS began accepting applications for H1B visas on April 1 and stopped accepting them less than a week later, on April 7. It is expected that the high demand for H1B visas will continue in this year’s application process, which is why it is of the utmost importance that your visa be not only submitted on time, but also submitted correctly. Due to the high demand for the H1B visa, it is that much more important that your visa be properly prepared, as the competition to obtain this visa is fierce.

If you are an employee who would like to apply for an H1B visa, you must have an employer who has not only offered you a job, but is also willing to sponsor you for the visa. The application process for a H1B visa is the combined effort of the applicant, the employer, and the immigration attorney.

How to Collect Money for a Foreign Judgment in Florida

Collect money for a foreign judgment in FloridaIf you have won a lawsuit and obtained a Final Judgment in another state or country against an individual who lives or owns assets in Florida or against a company that is domiciled in Florida, then you must go through the Florida domestication of foreign judgment process in order to collect the money owed to you from the foreign judgment.

The timeframe to collect money for the foreign judgment may vary, as it is a litigation process, but if the defendants to not file an objection and no unforeseen complications arise, the process will be much simpler than the original litigation process in which you obtained the Final Judgment. This is because there is usually no dispute over the facts of the case, but is simply a Court-mandated process that you must adhere to in order to collect money for a foreign judgment in Florida.

In order to collect money for a foreign judgment in Florida, the judgment must be recognized by the Florida courts. From there, Boyer Law Firm, P.L., can assist you to collect money for a foreign judgment in Florida through several methods, including the garnishment of bank accounts, garnishment of wages, liens on real or personal property, and more.

Do You Have an Estate Plan for Your Business?

Estate plan for your businessIf you own a business, then it is important to include this asset in your estate plan when you pass away. If there is more than one owner or member of the company, then the By-Laws or Operating Agreement of the company (depending on whether it is a corporation or LLC) will usually determine what occurs in the event of the death of a member or owner. This is one reason why it is important to have properly drafted company documents.

If you are the sole member or owner of the company, then it is even more important to have a properly drafted estate plan for your business to determine what will happen to the company when you pass away, as this will usually not be outlined in the company documents.

In many cases, the business itself may own assets, such as residential or commercial property, which are of value to the both the company and the estate in the probate process. There are certain tax implications that are relevant when passing these assets onto your heirs, which is why it is important to discuss what you want to happen to the business with an experienced business law and estate planning attorney.

It may be a good idea to add an heir as an owner or member of the business as a form of estate plan for your business, but only an experienced attorney can determine whether this is the best option for your specific circumstances.

If you are a business owner who would like to discuss the options you have for passing on your business and other assets after your death, then contact Boyer Law Firm, P.L. today. If you have recently suffered the loss of a loved one, then Boyer Law Firm can assist you through the Florida probate process.

Home Prices in Florida Vary Depending on Location

Home prices in Florida Home prices in Florida and cost of living in Florida vary throughout the state. This blog is a response to a recent question we received from a foreign individual inquiring about the different home prices in Florida.

According to Trulia.com, a website that lists homes for sale, Monroe County, which includes the Florida Keys and Key West, is the most expensive county in which to purchase a home. Miami-Dade County is second on the list.

If you are interested in moving to Florida, and especially if you will be setting up a business, it is important to research the cost of living and the cost of doing business in the area in Florida where you are planning to move. This includes not only home prices, but commercial real estate price and other costs such as food, electricity, suppliers, and more.

Miami is the city that is most known and desirable to foreign individuals, but there are many other desirable cities to move to in Florida. Orlando is another city that is popular, which may be a reason why it also tops the list of expensive real estate; Orange County’s average home price is almost $300,000 according to Trulia.com.

The most popular counties to purchase homes according to the site include Miami-Dade County, Orange County, Sarasota County, and Saint Johns County.

The greater Jacksonville area, which includes Duval County ($174,650), Clay County ($184,413), and Saint Johns County ($240,000), is a nice alternative to Orlando and Miami to live and run a business.

If you are interested in moving to Florida and/or setting up a business in Florida, then contact Boyer Law Firm’s business law and real estate attorneys today.

If you have a question or suggestion of a topic you would like to see on this blog, then contact Office@BoyerLawFirm.com today.

Setup a business to purchase property in Florida

Setup a business to purchase property in Florida A piece of real estate, whether it is a Florida residential property or a Florida commercial property, can be purchased by different types of owners. These include individuals, multiple individuals, married couples, LLCs, corporations and other types of businesses.

If you are purchasing a property in Florida to rent out or to use for your business, then it may be a good idea to setup a Florida LLC or corporation in order to purchase the property. There are various advantages and disadvantages to doing so, and a Florida business attorney, such as Boyer Law Firm, P.L. will be able to explain these to you so that you can make an informed decision.

If you want to setup a business to purchase property in Florida, then it is very important that the company be properly registered to do business in Florida, as the name will be used in the real estate transaction and recorded on the Deed in the public records of Florida.

Here at Boyer Law Firm, we can assist you not only with ensuring that the company is properly registered, but we can also assist you in drafting the Operating Agreement for your company. This Operating Agreement will become a key factor in determining who can sign the closing documents for the company, responsibility for maintaining the property, selling the property, and more.

If you want to set up a business to purchase a property in Florida, then contact Boyer Law Firm, P.L. today.

 

Import or Distribute Alcoholic Beverages in Florida or the US

Distribute alcoholic beverages in FloridaIn order to import or distribute alcoholic beverages in Florida or the United States, there are requirements you must meet set forth by federal, state, and local levels of government. These requirements include the obtainment of licenses, approval of labels for the products, FDA approval, and more.

The various licenses you will need will depend on the purpose of your business and the business activities in which you will engage to operate that business. An experienced international business attorney will be able to determine and assist you in obtaining the proper licenses needed to conduct your business in Florida and the US.

If you import or distribute alcoholic beverages in Florida or the United States and do not properly adhere to the regulations set forth by the various government agencies, then you could be subject to penalties that could stop your ability to conduct business in the United States and the State of Florida.

Here at Boyer Law Firm, P.L., we have successfully assisted clients in obtaining importation and distribution licenses in Florida and the United States. We can also assist you with setting up a company to import or distribute alcoholic beverages, assist you with contracts needed for the business, such as distribution agreements, and much more.

Why You Should Hire an Attorney as Your Florida Real Estate Closing Agent

Smiling couple with key of new homeBuying or selling a house or commercial property is one of the most important transactions an individual, couple, or business will ever make.

Although your real estate agent may suggest a Florida closing agent they normally work with, it is ultimately the decision of the buyer or seller, depending on who is paying the closing costs, to choose the Florida closing agent for their Florida real estate transaction. Hiring a Florida real estate closing attorney as your closing agent has many benefits including:

–          Access to a title search that is only available to attorneys: This title search is often more accurate than the title searches performed by non-attorney closing agents.

–          Review of Title Search:Hiring a Florida real estate attorney, such as Boyer Law Firm, P.L., will ensure that the issues (clouds) found on the title search are properly resolved before the closing is completed and the property is transferred. If this is not done properly, the clouds on the title, such as an unpaid mortgage or unpaid homeowner’s association fees, could transfer to and become the responsibility of the buyer of the property.

–          Drafting and Review of Documents: Because only an attorney can offer legal advice and draft additional documents that may be needed, it is highly beneficial to hire a Florida real estate attorney to draft the closing documents for the sale of the property.

–          Fees/Costs: The fees for a real estate closing are often the same and the State of Florida sets the cost for title insurance premiums.

Boyer Law Firm’s real estate closing attorneys can expertly perform all of the above mentioned tasks and more. Additionally, because we specialize in Florida real estate transaction with foreign individuals and companies, we have created a system that is ideal for buyers and sellers who are not necessarily in the same city, state, or even country of the property being sold.

Because we are experts in Florida real estate closings involving foreign individuals, it allows us to transact Florida real estate closings involving domestic individuals with even greater ease.

If you are buying or selling a property in Florida, contact Boyer Law Firm’s real estate attorneys today.

 

Expand Your Foreign Business in Florida

Expand your foreign business in FloridaMany of the companies and businesses you see in Florida are related to or owned by foreign business entities.

If you own a foreign company and want to expand your foreign business in Florida, there are different ways you can setup a business in Florida. These include creating a branch office, a subsidiary, or a new entity.

Creating a branch office will create a new location for the same company. It must have the same company name and it is considered part of the same company.

If you choose to setup a subsidiary, then you will create a new business entity, such as a LLC or Corporation, which will be owned by the foreign company. Creating a subsidiary has different liability and tax implications than a branch location or creating a new entity. If you are interested in setting up a subsidiary for your foreign company in Florida, then you may qualify for an L-1 visa for yourself or the manager of the branch located in Florida.

The third option you have is to create an entirely separate business entity. The difference between creating a subsidiary and a separate entity is the foreign company will not be the owner of the company.

Each of these options has certain advantages and disadvantages, which is why it is important to consult an experienced Florida business law attorney before making the decision to expand your foreign business in Florida. If you are interested in starting a company in Florida, then contact Boyer Law Firm’s business law attorneys today.

Florida Company Documents are A Florida Business Contract

Florida company documentsFlorida company documents to create a company, such as a Florida LLC or Florida Corporation, are a contract between the partners of the business.

If these company documents, which should include a Florida Operating Agreement or Florida By-Laws, are not properly drafted, it could have serious consequences to the business partners, especially if a business dispute arises.

Legal expenses as a result of litigation and/or divorce between business partners can potentially be prevented or lessened if these Florida company documents are properly drafted because the business contract (in the form of the company documents) should state the procedure in many of these instances.

Additionally, these documents usually have a clause for attorneys’ fees in a litigation matter, which will not be granted by the court unless there is a provision in the contract or in the instance that it is specifically mentioned in the Florida Statute relating to the litigation claim.

Remember, your company documents are a legal Florida contract for a business agreement. It is very important to have these properly drafted to ensure that both parties are aware of their responsibilities and their rights in regards to their ownership or other association with the business.

If you are interested in starting a Florida Corporation or Florida LLC, or if you have already registered your business with the State of Florida and need company documents drafted for your business, contact Boyer Law Firm’s business law attorneys today.

Apply for an E2 Visa in Florida

E2 visa in FloridaIf you are a foreign individual interested in starting a company in Florida, or who has already started a company in Florida, then you should consider applying for an E2 visa in Florida.

An E2 visa allows foreign entrepreneurs who are citizens of a treaty country to be admitted to the US through the creation of a business and investment in that business. A “treaty country” is a country that maintains a treaty of commerce and navigation with the United States. The US Department of State maintains a list of these countries for the purpose of applying for an E2 Treaty Investors’ visa.

The E2 Treaty Investors Visa benefits the individual entrepreneur applying for the visa by allowing them to be present in Florida where their business is located, and it benefits Florida by stimulating the economy through investment in that business and the creation of jobs.

Your spouse and unmarried children under 21 may accompany you to the US as derivatives of your E2 visa.

In order to be granted an E2 visa, you must show that you have invested a substantial amount of money into a bona fide enterprise. You must also show that investment is not marginal, meaning that the company will not only create a source of revenue for you and your family, but will also be able to employ US Citizens, green card holders, and other residents authorized to work in the US.

Here at Boyer Law Firm, we can assist you with the entire process of applying for an E2 visa in Florida, including the creation of your Florida business, investment in both commercial and residential real estate, the application itself, including the creation of a business plan, and more. If you are interested in applying for an E2 visa, then contact our office today.

Florida Ancillary Probate Process for Property in Florida

Florida ancillary probateThere are many people who own property in Florida but do not live here year round. If a loved one passes away in another state or country while owning property in Florida, then the estate must be probated in at least two places: the principle place of residence and in the Florida County where the property is located.

The above described “secondary probate process” for the decedents’ real property, such as a house or condo, and personal property, such as a car or jewelry, is referred to as ancillary probate.

The Florida ancillary probate process is important. It is the responsibility of the personal representative of the estate of the deceased to ensure that the Florida ancillary probate process is properly conducted according to Florida law. This may include a legal requirement to hire an attorney to represent both you as the personal representative as well as the estate of the deceased.

The ancillary probate process can be less complex or just as complex as the regular probate process, depending on the circumstances of the deceased’s estate, the presence or lack of disputes between the heirs and interested parties, whether or not there was a will, and whether or not the property in Florida was included in the will.

Florida is known as a great place to retire, which is why it is common for ancillary probate to occur in Florida. Here at Boyer Law Firm, we have assisted both American and international clients with the Florida ancillary probate process. Due to our regular dealings with both international law and international clients, we have developed a system that allows you to stay in your home state or country while the ancillary probate process takes place, lessening the hassle of an already burdensome situation.

If your loved one passed away while owning property in Florida, then contact Boyer Law Firm today.

How to Handle a Florida Business Dispute

Florida business disputeNo business wants to get sued or become a part of a lawsuit that could have been avoided. Florida business disputes are settled much more pleasantly when the proper actions are taken before, during, and after the incident arises. In addition to avoiding litigation, the following tips are business practices that all entrepreneurs should implement to ensure professionalism, consistency, and customer satisfaction in their business:

1. Establish and maintain good relationships with employees, customers, suppliers, and business partners. A dispute will be much easier to settle outside of court if you maintain a good relationship with the opposing party. Litigation often causes rifts in relationships, and the need to avoid these rifts could aid you in avoiding litigation.
2. Know who you are doing business with. Persons and businesses with a history of entering into litigation are much more likely to engage in litigation in the future when a Florida business dispute arises.
3. Put every agreement in writing and do not sign a contract or agreement unless you know what you are signing. This will ensure that both parties understand both their responsibilities and the responsibilities of the other party. Additionally, if the agreement is in writing, then the parties will be able to refer to the agreement if a Florida business dispute arise. It is usually a good idea to have an experienced Florida contract attorney draft or review the agreement before you sign the document.
4. Purchase orders and standard agreements are another form of contract, and it is equally important to ensure these documents reflect your current business practices and the most recent laws. A Florida contract attorney will be able to properly review and revise these documents for you and your company.
5. You should maintain written files and documentation of your business relationships. If the relationship is not properly documented, then a “he-said, she-said” situation can easily arise and cause confusion. If a Florida business dispute should arise that requires litigation, this document trail will be important evidence in the process.

When a dispute arises, it is important to address the issue immediately so that it does not escalate. Many cases that proceed to litigation could have been avoided or settled if properly handled from the onset. One of the best examples of this is when a customer complains. The manner in which you handle this complaint could not only keep your company out of litigation, but it offers an opportunity for your company to exemplify its customer service. If you are able to transform a disgruntled customer into a happy customer, then they are much more likely to use your business in the future.

Source: Business Journal

September 11

http://boyerlawfirmblog.com/3325/

Import Products to the US and Florida

Import products to the USIf you are interested in or currently importing products to the United States, then it is important to ensure that you are abiding by US Customs laws. As trade between countries increases and the world becomes more globalized, there are greater opportunities for domestic and foreign entrepreneurs to export products out of the United States and import products to the US.

Various agencies on federal, state, and local levels have strict guidelines on imported products that must be met, such as labeling, content, and safety requirements. Failure to adhere to these guidelines could result in penalties, including fines or seizure of the goods in question.

An experienced US Customs attorney will be able to guide you through the various steps and regulations to ensure you are meeting all of the requirements to import products to the US.

Here at Boyer Law Firm, P.L., we can assist you not only through the process of importing products to the US, but also with setting up your business through which to import the products. Additionally, you may qualify for an E1 visa, which is a specific visa classification for those who participate in substantial, ongoing trade between the US and a treaty country.

If you are interested in exporting or importing products to the US, creating a business to do such, applying for an E1 visa, or any combination thereof, then contact Boyer Law Firm’s customs attorneys and international law attorneys to see how we can help you today.

Opening a Restaurant in Florida to Expand in the US

Restaurant in FloridaSouth Florida has become a gateway to the US market for many foreign companies, especially in the food business. Many companies are starting their business in this market and using it as a stepping stone to expand throughout the United States.

One advantage of a foreign individual starting a restaurant in Florida is that they have the advantage of bringing authentic foods from their homeland making them available to the US market. The uniqueness of these restaurants offers a special advantage to their owners because the public cannot readily find these foods anywhere else.

Over the last five years there has been an influx of European and Latin American brands looking to test the US marketplace. If a business owner is able to successfully build a brand for their restaurant in Florida, then they have the opportunity not only to expand throughout the US, but also the opportunity to license the brand to other entrepreneurs, generating another avenue for profit.

Opening a restaurant in Florida can also be an opportunity for foreign individuals to obtain an investor’s visa, such as an E2 visa or EB5 visa.

“Americans are always interested in something new and different,” said Warren Solochek, a restaurant analyst. “If you have a new sort of restaurant that is coming into and area, people are always going to be interested in trying it out to see if it fits their needs.”

If you are interested in opening a restaurant, applying for an investor’s visa, or licensing your existing brand, then contact Boyer Law Firm today.

Source: Yahoo! Finance

Choose Your Florida Company Name Carefully and Protect It

Florida company nameA South Florida condominium development recently changed its company name in order to avoid association with a terrorist group. The business, Isis Downtown, had developed a negative connotation because it had the same name as the al-Qaida splinter group ISIS.

When starting a business, it is very important to choose the Florida company name wisely. The name you choose is one of the most important aspects to marketing and creating a brand for your company, and you will spend significant time and money establishing the brand. Although your company may not share its name with a terrorist group, the name you choose could have either positive or negative connotations in different circumstances and cultures.

It is important to research the name you choose when incorporating a business, and it is also important to determine how that name will fit into your marketing and branding strategy.

In addition to researching the Florida company name you would like to use, it is usually a good idea to protect that name with intellectual property, such as a copyright or trademark. Although this will not protect you from sharing a name with extreme organizations such as international terrorist groups, it can protect you from sharing a name with a domestic business or group that goes against the morals and goals of your company.

A Florida trademark will protect your name in the state of Florida, and a Federal trademark will protect you throughout the United States. A Florida trademark will take less time to obtain, which is why it is usually a good idea to apply for both marks.

If you are interested in incorporating your business in Florida or applying for a Florida or Federal trademark, then contact Boyer Law Firm, P.L. today.

Source: Daily Mail

Who Can Act as the Florida Personal Representative for an Estate?

Florida personal representativeWhen someone passes away in Florida or while owning assets in Florida, then the estate of the decedent will go through the Florida probate process. Part of this process includes the appointing of a Florida personal representative to oversee the affairs of the estate.

The personal representative is usually appointed in the deceased’s last will & testament. However, if the person died without a will or the person named in the will is not legally qualified to serve as a personal representative, then the Court will appoint a Florida personal representative for the estate. Ideally, this will be the deceased spouse. If the deceased does not have a spouse or the spouse is unable or unwilling to act as the personal representative for the estate, then the Court will appoint a person close to the decedent.

A personal representative can be an individual, a bank, or a trust company, subject to certain restrictions. A personal representative holds a fiduciary duty to the estate and the heirs of the estate. This means they can be held liable to the beneficiaries for any harm suffered as a result of the estate and the probate process not being properly executed.

People who cannot serve as the personal representative of an estate include:

–          Minors
–          Convicted felons
–          A person who is not a resident of Florida and is not related to the deceased

A personal representative is legally required to hire an attorney to represent them through the probate process. If you have been named as the personal representative in the will of a deceased loved one, or if you are close to the deceased and feel that the Court should appoint you as the personal representative of the estate, then contact Boyer Law Firm’s probate attorneys today.

What Deportation Defenses are Available When Facing Removal from the US?

If you or a loved one is facing deportation from the United States, then it is extremely important to contact a deportation defense attorney as soon as possible.

When facing deportation, you have the option to fight the claim for which you are charged or to request “Relief from Removal.” An immigration and deportation defense attorney will be able to analyze your situation and determine which option is best for your specific situation.

Undocumented aliens are more than likely to be subject to removal (deportation), but they may still have the option to request a relief from removal, depending on their circumstances. Each relief consists of specific requirements that should be discussed with a deportation defense attorney.

Some common “Reliefs from Removal” include:

Deportation Defense-          Citizenship
–          Adjustment of Status
–          Removal of Conditions (Form I-751)
–          Asylum
–          Withholding of Removal
–          Relief under the Convention Against Torture
–          Cancellation of Removal for Permanent Residents
–          Cancellation of Removal for Non-permanent residents
–          Cancellation of Removal through VAWA (Violence Against Women Act) – Applies to men as well
–          Criminal Waivers
–          Non-criminal Waivers
–          Prosecutorial Discretion
–          Deferred Action
–          Voluntary Departure

For more information about these deportation defenses and to find out how Boyer Law Firm, P.L. can assist you in fighting against deportation, contact us today.

If you delay of fail to hire an attorney, then it could result in detrimental harm for the person facing deportation, including the possibility of being permanently barred from entering the United States.

What Type of E2 Visa Business Should I Open?

When you are applying for an E2 investor’s visa, one of the first things you need to do is to decide what type of E2 visa business you want to start. When you are making this decision, it is important to consider not only what types of businesses interest you, but you should also choose a business that compliments your skills and experience.

There is an entire tab in the E2 visa application binder that includes the applicant’s resume and diplomas. This is in order to prove to the Consulate that you are qualified to run the type of enterprise you are starting. This reassures the Consulate officer that the business will be a success because it is being run by someone who has knowledge and experience in that business area.

Some examples of types of E2 visa businesses you can open include:

E2 visa business-          Restaurant
–          Hotel
–          Spa/ Salon
–          Gas Station
–          IT Business
–          Real Estate Business (requires a large amount of capital)
–          Business for the Sale of Goods
–          Any other Non-Profit business in which you have knowledge and experience

Having experience and knowledge in the type of business you open is important not only for the visa application, but also for the future success of your business.

If you are interested in an E2 visa or another type of investors’ visa, then contact Boyer Law Firm, P.L. today.

New York v. Florida Business Tax

Florida business taxFlorida’s Chief Financial Officer, Jeff Atwater, has made news in New York State regarding their advertising campaign to entice businesses to build their headquarters in New York.

Florida prides itself on being a business-friendly state. Florida business tax breaks and other policies have been instituted to aid small-businesses in Florida, and Orlando and Tampa, Florida have been named one of the most tax-friendly major cities in the world.

Atwater appeared on Fox News at the end of July stating that New York Governor Andrew Cuomo’s “Start-Up NY” ads were “selling snake oil” and “not telling the rest of the story” about New York’s taxes in comparison to Florida. He also went so far as to compare the tax-free zones in New York to a “quarantined area,” according to the Orlando Business Journal.

Atwater felt that these ads were not properly portraying the state of doing business in New York, and he gives the impression that Florida and Florida business taxes are being made to look bad as a result of the deception. In a letter he wrote to the New York governor, he stated, “These advertisements portray an image of New York that simply cannot be supported by facts, particularly in comparison with Florida.”

Atwater cited flaws such as the fact that New York has a personal income tax of 9 percent compared to Florida, which has no personal income tax.

Additionally, Florida has the beach and warm weather!

If you are interested in starting a business in Florida, then contact Boyer Law Firm, P.L. today.

Should I Form a Florida LLC or Florida Corporation?

Florida LLCCorporations have been in existence for over 100 years, and Limited Liability Companies have been in existence since 1982. Your specific situation will determine whether a Florida LLC or a Florida corporation is right for you.

One of the most important aspects when deciding whether to form a Florida LLC or Florida Corporation are the tax aspects associated with the two types of entities. Hiring a Florida business law attorney will aide you in this process, as he or she will be able to distinguish the tax benefits for your specific situation.

One of the benefits of forming a Florida LLC is that a LLC is easier to use and can always be transformed into a corporation. The reverse is not true, as transforming an entity from a Florida corporation to a Florida LLC creates huge tax liabilities.

Although there are always exception, some examples of when an LLC is best to use include when the business is owned by a sole individual, or when the revenue of the business is not significant.

Alternatively, a Corporation should usually be formed if the revenue of the business is significant or if the company has plans to “go public,” i.e., be listed on the stock market for public trading.

If you are planning to start a Florida LLC or Florida Corporation, then contact Boyer Law Firm’s Business Law Attorneys today.

EB5 Visas and EB5 Regional Centers

EB5 Regional CenterMiami, Florida will be sponsoring monthly conferences regarding the opportunities through the Miami EB5 Regional Center.

An EB5 visa is an Immigrant visa that can be a direct path to obtaining U.S. permanent residence and eventually U.S. Citizenship.

If you are interested in applying for an EB5 visa, you have the option of doing so either through an EB5 regional center or you may apply for an EB5 visa on your own. There are advantages and disadvantages to both options, which is why it is important to discuss this with an experienced U.S. immigration attorney.

An EB5 visa is an investor’s visa. If you decide to apply for the visa on your own (without an EB5 regional center), then you will need to meet the following requirements:

Investment: The required investment for an EB5 visa is $1 million, unless the business is in a “Targeted Employment Area,” in which case the required investment is $500,000. The investment must be in a bona fide enterprise, and you must show proof of the investment.

Creation of Commercial Enterprise: You must establish a business. You must establish a for-profit activity formed for the ongoing conduct of lawful business.

Creation of Jobs:  You must show proof that you have created (or preserved in some cases) at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a Conditional Permanent Resident.