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.

Florida Personal Representatives are Required to Hire an Attorney

Florida personal representativeWhen a loved on passes away and the decedent’s estate goes through the Florida formal probate administration, a Florida Personal Representative (PR) will be appointed.

This PR may be named in the Will of the deceased. If the deceased passed away without a will, known as intestate probate, or the decedent did not name a personal representative in his or her will, then the Florida Probate Judge will appoint a Florida personal representative.

If you are appointed as the Florida PR of an estate, then you are required to hire an attorney to represent you in the Florida probate process unless you are the sole interested person in the estate.

The Florida Probate Rules state, “Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida.”

If there was an attorney named in the decedent’s will, you are not required to use that attorney. The Florida personal representative has the right to choose his own attorney.

A Florida personal representative has fiduciary duty to the estate of the deceased. If the PR does not fulfill his duties as required by the Florida Probate Rules, then he or she could be held personally liable. You must fully understand the responsibilities you are taking on in order to avoid any liability. Hiring an experienced Florida probate attorney will give you proper guidance during this procedure.

If you have been named as the personal representative of a Florida estate, then contact Boyer Law Firm, P.L. today.

Am I Eligible for an L1 visa?

L1 VisaL1A visas enable companies to transfer professionals in managerial and executive positions from one of its foreign affiliate offices to an office in the U.S. If the company does not yet have an affiliate office established in the U.S., then the L1 visa allows the executive or manager to establish one for the foreign company.

The application for an L1 visa must be completed by the employer, not the employee.

In order to qualify for the L1 visa, both the employer and the employee must meet certain criteria.

The employer must:

-          Have a qualifying relationship with a foreign company

-          Currently be, or will be, doing business as an employer in both the U.S. and a foreign country for the duration of the beneficiary’s (employee’s) stay in the U.S. under L1 visa status

According to USCIS, “Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.”

The employee must:

-          Have been working for the qualifying organization for at least one continuous year within three years immediately preceding his or her admission to the United States (admission to the U.S., not submission of L1 visa application.)

-          Be seeking to enter the U.S. in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

USCIS defines executive capacity and Managerial Capacity as follows:

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

If the employee will be establishing a new branch in the U.S., then the employer must also:

-          Already have sufficient premises to house the new office

-          Have or will have the required qualifying relationship to the foreign employer

-          Have the financial ability to compensate the beneficiary (employee) begin doing business in the U.S. Evidence that is crucial to showing this includes:

o   Size of the investment in the U.S.

o   The organizational structure of both firms

o   The financial size and condition of the foreign employer.

It is important to note that a salary must be paid to the employee, and the financial investment must be demonstrated when opening a new office in the U.S.

If you believe that you have an employee who qualifies for an L1 visa, then contact Boyer Law Firm, P.L. today.

Florida Business Owners: Meet Tax-Friendly Orlando

Florida Business | OrlandoAccording to a report by KPMG International, Orlando, Florida is one of the most tax-friendly major cities in the world, with Tampa, Florida following close behind. This is just one of many reasons why entrepreneurs open Florida businesses.

When you are starting a business or planning to move to a different city, there are not a lot of people who think about taxes, but that could be a major influence in your quality of life and cost of living. Florida is already known as one of the most business-friendly states, since it does not have a personal income tax, but these cities in Florida have received special recognition.

The report analyzed corporate income taxes, capital taxes, sales taxes, property taxes, miscellaneous local business taxes and statutory labor costs for the cities in the report.

In the United States, taxes are taken on various levels including Federal, State, and Local (or City) taxes. Although it is important to talk to a CPA about your individual tax needs, you can get a general idea of which states and cities will provide you with a general idea of where it would be best to live and start your business.

Here at Boyer Law Firm, P.L. we can assist you in incorporating your Florida business correctly to get you off to the right start. From there, we work with other professionals, such as Florida CPAs, to assist you with all of your needs as a Florida Entrepreneur and Florida business owner.

Tim Tebow Purchasing Commercial, Residential Property in Jacksonville

Tebow | Florida BusinessIf you are a college football fan, then you have probably heard of the previous University of Florida quarterback Tim Tebow, who played high school football for Nease High School in Jacksonville, Florida.

After a short career in the NFL, Tebow has begun to set roots back in Jacksonville. He recently purchased both residential and commercial properties in Northeast Florida.

According to the Jacksonville Business Journal, Tebow recently purchased a $1.4 Million home on the Southside area of Jacksonville, and on Monday, just a few weeks later, he purchased a new commercial property, a restaurant in Oakleaf Town Center, for $850,000.00.

It is not uncommon for U.S. and foreign entrepreneurs to purchase both a commercial property to run a business as well as a residential property in which to live.

When you are starting a business, there are a lot of other factors that need to be considered.

Here at Boyer Law Firm, P.L. we are equipped to assist you in the purchase of both commercial and residential real estate, as well as other areas of law. Using the same law firm to assist you in multiple matters can be beneficial in many ways. These include developing a relationship with you attorney and the staff, being able to go to the same place for all of your legal needs, and not having to perform repetitive work, such as providing basic information to different firms.

In addition to both commercial and residential real estate, we can assist you with our other specialty areas, such as immigration visas, business formations, and estate planning. Contact us today to see the many ways we can assist you in both your professional and personal affairs.

Bastille Day

Bastille DayThe French National Day commemorates the beginning of the French Revolution with the Storming of the Bastille on the 14 July 1789, as well as the Fête de la Fédération on the 14 July 1790. Celebrations are held all over France.

 

Collect on a Foreign Judgment in Florida

Foreign judgmentIf you have received a foreign judgment in another state or country and the defendant owns property or other assets in Florida, then Boyer Law Firm, P.L. can assist you to domesticate the judgment to Florida. This will allow you to collect the monies owed to you.

A judgment issued in another state can be domesticated in a Florida Court. This is due to the Florida Domestication of Foreign Judgments Act.

Once the foreign judgment has gone through the domestication process, it will be recognized by the Florida Courts System, and a Florida Final Judgment will be issued. This final judgment will allow us to collect the monies owed to you. This can be done through placing a lien or garnishment on the property or other assets of the defendant.

A lien is an official claim or charge placed on a property for payment of a debt.

A garnishment is the process of petitioning and obtaining a court order directing a third party (usually a bank or employer) to hold funds of the debtor in order to pay the monies owed to the creditor (plaintiff).

In order for these monies to be collected through the Florida Court System, the defendant must have property or other assets in Florida.

How Syria Could Affect Your U.S. Immigration Visa Application

U.S. immigration visaIf you are interested in applying for a U.S. immigration visa, then NOW is the time to do so. Potential upcoming changes to immigration law could delay the application and decision making process, forcing you to wait longer and potentially have to meet greater requirements to obtain a visa in the future.

The current civil war in Syria and the participation of Europeans may result in a direct cause of this U.S. immigration reform. President Obama warned that Europeans who embrace jihad in Syria and Iraq threaten the United States because “their passports mean they can enter the country,” according to Yahoo! News.

The article stated that nearly 800 French citizens have spent time fighting in Syria’s civil war, Belgium says that 200 of its citizens have participated, and Britain states that 400 of its citizens have participated.

At the current time, citizens of France, Belgium, and Britain can enter the United States without a visa through an ESTA visa waiver program. These statement by President Obama indicate that this visa waiver program may not be available in the future.

Citizens from countries from such as France, Belgium, and Britain have the option of applying for a “B-visa,” or visitors’ visa, to enter the U.S. A person who holds a B-visa may stay visit the United States for up to six (6) months out of the year for the duration of their B-visa.

B-visas may be granted for a period of one year, five years, or ten years at the discretion of the issuing authority, which is usually the U.S. Consulate in the applicant’s home country.

If you are interested in visiting the United States in the next few years, then it is a good idea to preemptively apply for a B-visa before there is an influx of applicants, which will most likely happen if the ESTA visa waiver program is cancelled or faded out.

The result of a rise in visa applications will delay not only the processing of B-visas, but of other U.S. immigration visas as well. If you want to come to the United States to visit, live, or do business, then you should contact a U.S. Immigration Attorney today to discuss your options.

Independence Day!

Independence Day

All of us here at Boyer Law Firm, P.L., would like to wish you a safe and Happy 4th of July!

Our office will be closed on Friday, July 4th.

 

 

 

 

 

Florida Small Business is Growing and Optimistic

Florida small businessIt is the perfect time to start a Florida small business. The Florida Chamber of Commerce released a Florida small business index survey that was conducted through the month of May 2014. The survey showed that small business owners are seeing an increase in sales and are very optimistic for the future.

“Four out of five new jobs in Florida will be created by small businesses,” said Florida Chamber of Commerce President and CEO Mark Wilson. “The Small Business Survey helps us monitor the health of the important role small businesses play in Florida’s economy.”

The survey went on to state that the top issues facing Florida small businesses are access to capital and economic uncertainty. However, optimism is still high in the Florida small business community, with two-thirds of the respondents to the survey expecting the economy to improve in the next three years.

If you are interested in starting a Florida small business, then contact Boyer Law Firm today to ensure that you have a solid foundation on which to grow your business. We can assist you not only with corporate documents, but also with sound legal advice in regards to your business and other legal needs.

If you currently have a business in another state or country and would like to do business in Florida, then Boyer Law Firm can assist you with properly registering your company with the state. We also offer Registered Agent services.

Invest in a Florida Apartment Complex

Florida apartment complexFlorida apartment complex occupancy rates are up and so is the rent that landlords are deriving from their investment!

Florida apartment complex occupancy in May reached 95 percent, a number not seen since at least 2006, according to the Sarasota Herald Tribune.

As a result of these high occupancy rates, rents are also rising due to supply and demand. Because demand for apartment rentals is so high, it is a good idea for investors and entrepreneurs to consider buying a Florida apartment complex to rent out to occupants and derive an income from the property.

Here at Boyer Law Firm, we can assist you with running a successful Florida apartment complex, including forming a Florida company, purchasing the Florida commercial property, assisting you with any disputes that may arise while you manage the property and conduct your business, and more.

If you are interested in purchasing a Florida commercial property, such as a Florida apartment complex, then contact Boyer Law Firm, P.L. today.

Why is a Proper Florida Estate Plan so Important?

Florida estate planThe Florida probate process can be very difficult for your loved ones if you do not create a proper estate plan. Estate planning is not just a will. It can include trusts, powers of attorney, health-care surrogates, and more.

There are websites out there that claim they can assist you with estate planning, but they do not offer the same services that an Estate Planning Attorney can. First and foremost, they cannot offer you legal advice, when that is exactly what you need in order to create a proper estate plan!

When assisting you with a Florida estate plan, Boyer Law Firm, P.L. and its estate planning attorneys take the time to listen to your needs and wishes. From there they can determine the estate plan that is right for you instead of just placing you in front of an array of templates.

If you do not have a proper Florida estate plan, then you may be leaving your loved ones in a bad situation when you pass away. Remember the saying: “If you fail to plan, you plan to fail.”

This means that a poor estate plan can result in a headache for you loved ones and potentially a longer and more expensive probate process. It is never too early to begin planning. Our office has drafted estate plans for clients from their 20’s to Baby Boomers, and older.

Contact Boyer Law Firm’s estate planning attorneys today and begin a proper Florida estate plan for proper performance.

Investment in Real Estate in Florida for International Clients

Real Estate in Florida | InternationalAs a Board Certified Expert in International Law, Attorney Boyer and his staff assist foreign and international clients with the purchase of both residential and commercial real estate in Florida.

We assist foreign and international clients with the purchase and sale of single-family homes, multi-unit apartment complexes, retail business locations, hotels, shopping centers, and more.

Our office is equipped to cater to the overseas purchaser through electronic documents and signatures, a network of email and telephone communication, and referrals to additional professionals you may need if you do not speak English or prefer to converse in your native language.

In addition to assisting you with the purchase of your home or commercial real estate in Florida, Attorney Boyer can also assist you in other matters, such as immigration and visas, business creation and planning, and much more.

Because we are equipped to handle international real estate transactions, we also apply that to our domestic real estate transactions. Our procedures to handle international transactions make domestic transactions that much more convenient for everyone involved.

If you are interested in purchasing or selling a home in Florida, then it is never too early to contact Boyer Law Firm, P.L. to assist you with the transaction. There may be steps we can take before you even make an offer on the property that will expedite the process.

Whether you are a Florida resident or a foreign investor, Boyer Law Firm’s international real estate attorneys can assist you with the purchase or sale of your property in Florida.

Boyer Law Firm, P.L. Can Help You through the Florida Probate Process

Florida probate processWhen you suffer the loss of a loved one, you may be faced with many hard decisions at a very difficult time. If the decedent passed away in Florida or owned property or assets in Florida, then the estate must go through the Florida probate process.

Hiring an experienced Florida Probate Attorney is an important step in ensuring that the Florida probate process goes smoothly. Boyer Law Firm, P.L. helps families and individuals through the probate process by adding clarity, efficiency, and peace of mind to what can become a daunting process if not handled correctly.

If you are appointed as the fiduciary or personal representative of an estate, then you are legally obligated to settle the decedent’s estate in a timely manner. It is important to contact a Florida probate attorney as soon as possible to ensure that you will meet you legal obligations.

Francis M. Boyer is Board Certified by the Florida Bar in International Law. This makes him an expert on, among other international matters, probate for non-residents of Florida and probate in Florida for foreign individuals.

If you have recently suffered the loss of a loved one and need assistance through the Florida probate process, then contact Boyer Law Firm’s probate attorneys today.

Owning a Restaurant in Florida: Customer Pet Peeves Part 2

restaurant in FloridaOn the previous blog, we began to list the top customer pet peeves when they eat at restaurants. If you are an owner or manager of a restaurant in Florida or elsewhere, then you should consider how to correct the following pet peeves:

7. Over-affectionate couples. Managers should address these couples in a prudent and professional manner. It may be a little uncomfortable to have to tell a couple they are being too affectionate, but it is much more uncomfortable for the patrons in your restaurant to watch.

6. Menu Typos. This shows laziness and lack of attention to detail. One comedic example comes from the popular show “The Big Bang Theory” in which one of the main characters, Sheldon, made the friends leave an Italian restaurant because the menu said “Mobster Sauce” instead of “Lobster Sauce,” and the eccentric character thought the sauce was made out of Mobsters.

5. An unexplained wait. It is expected that restaurants will have a wait sometimes, however, if you have open tables or a section that is closed, you should explain this to the customer so that they are not looking at the empty tables and wondering why they are not sitting at them.

4. No substitutions. Even if you have an upcharge, you need to accommodate for allergies, diets, and picky eaters. Make the customer happy.

3. Fast Food. Food should come in courses. Don’t bring out the main course when the patron is still eating their salad unless they specifically ask you. Customers should not feel like the server is trying to get them in and out in order to “flip tables.”

2. Slow Service. Although the food should come out in courses, customers also should not be kept waiting. Their drink order should be taken within a couple minutes of them being seated, their drinks should never be empty, and courses should be brought out within a reasonable amount of time between each other.

1. Unsupervised and Unruly Kids. They can be worse than an unruly customer and an over-affectionate couple combined! Additionally, unsupervised children can cause damage to your restaurant and could bother your other customers in numerous ways. Although your restaurant should accommodate children, it is the responsibility of the parents to ensure that they behave. Do not approach the child; approach the parent.

If you are the owner of a restaurant in Florida, then take some time to see which, if any, of these pet peeves reply to your restaurant. If you are interested in opening a restaurant in Florida or currently run a restaurant in Florida and need a business attorney, then contact Boyer Law Firm today!

Francis M. Boyer Now Board Certified in International Law!


Francis M. Boyer, Esq. is now Board Certified by the Florida Bar in International Law!

Board Certification is The Florida Bar’s highest level of evaluation of the competency and experience of an attorney in his particular area of the law. Board Certified Lawyers are evaluated for professionalism and tested for Expertise.

Mr. Boyer is one of only 42 Board Certified International Attorneys in the State of Florida. Because Florida is the ONLY state in the nation that offers a specialty certification in International Law, he is also one of only 42 in the entire United States.

The International Law Certification Exam includes business immigration, international business transactions, international litigation (such as when the Plaintiff or Defendant is overseas or a domestication of a Foreign Judgment), international taxation, customs law, and more.

Owning a Restaurant in Florida: Customer Pet Peeves Part 1

Restaurant in FloridaThe restaurant industry is a very competitive business. The littlest thing can make or break your business. One of the most important aspects of owning and running a restaurant in Florida is customer service.

Urban Spoon has compiled the following list of customer pet peeves at a restaurant. If you currently run a restaurant in Florida or are thinking about opening one, then you should take some time to seriously consider these aspects of customer service:

15. Missing/ Having to ask for simple items, such as napkins, a fork or a knife.

14. Weak drinks. This does not, however, mean that you should over-pour. Each drink has a specific volume of liquor in the recipe, and this should be adhered to by both owners and bartenders.

13. Indiscernible menus. Although it may add to the atmosphere to list menu items in the language of the restaurant (such as Italian, Spanish, or French), it is important to at least include an English translation so your customers are better able to choose their meal.

12. Rowdy Patrons. People come out to restaurants to have fun, but when they start to bother other people in the restaurant, then you have a problem. It is important that managers are prepared to handle rowdy customers in a professional manner that resolves the situation.

11. Nosy Neighbors. If your tables are too close together, then people who are having business meetings or a date night may feel that their privacy is being invaded. It is important to have many tables in your restaurant to be able to accommodate customers, but do not overload your dining room with tables.

10. Partial Group Seating. DO NOT EVER DO THIS! Your restaurant should anticipate that you will be “on a wait” at some points in your business, especially on the weekends. Incorporate a waiting area into the design of your restaurant and encourage guests to have a drink at the bar while they wait on their table.

9. Dirty Silverware or glasses. This is not only gross, but it is also a health hazard. One of the common reasons for dirty silverware or glasses is that your dishwasher itself is not clean. Additionally, glasses and silverware should be polished so that there are no visible watermarks.

8. Taking calls at the table. As an owner or manager, there is really not a lot that you can do about this. However, servers should not be rude to guests on the phone and should be aware that they may have to wait or come back to the table to take that individual’s order.

Check back on Tuesday to see the top 7 restaurant customer pet peeves and how you as a restaurant owner or manager can address them.

If you are interested in opening a restaurant in Florida or currently run a restaurant in Florida and need a business attorney, then contact Boyer Law Firm today!

Advantages of Living and Working in Jacksonville, Florida

Jacksonville, FloridaJacksonville, Florida is a growing city in Northeast Florida.

Ponte Vedra Beach near Jacksonville, Florida, ranked 10th wealthiest zip code in Florida in a 2013 survey conducted by Esri, according to the Jacksonville Business Journal.

Ponte Vedra Beach is a beautiful area outside of Jacksonville, but still close enough to be able to commute to downtown Jakcsonville. It is well known for the home of golf’s The Player’s Championship and also offers private beaches and clubs.

St. Johns, another area close to Jacksonville, ranked #24 in the survey. This area includes the gated community Julington Creek.

If you are interested in living, doing business in Florida, or both, then you may want to consider living in some of these areas close to Jacksonville, Florida.

If you are interested in buying or selling a property or if you are interested in starting a business in the Jacksonville area, then contact one of Boyer Law Firm, P.L.’s business and real estate closing attorneys today.

Governor Scott’s Florida Small Business Policies and Proposals

Governor Scott’s Florida Small Business PoliciesGovernor Rick Scott called small business “the lifeblood of our economy” in a statement for his re-election campaign on Monday.

Scott started his two-week statewide tour in Miami on Tuesday to promote his ideas to increase Florida small business.

Governor Scott’s Florida small business policies and proposals include lowering corporate filing fees for small businesses, increase funding for export marketing programs, developing solutions to issues with private capital, and establishing annual business competitions to be hosted by Florida’s colleges and universities. These competitions are expected to have an aware of up to $100,000.00.

Governor Scott’s Florida small business policies are just a few of the reasons why Florida is a great state to live and conduct business, especially a small business.

If you are interested in starting a business in Florida, then contact Boyer Law Firm’s business law attorneys today. If you are a foreign individual, then you may also qualify for an Investor’s Visa.

Opening a Company in Florida: A Couple Advantages

Opening a company in FloridaMiami recently hosted a conference that brought together South Florida and Latin America tech communities. These investors were interested in opening a company in Florida, specifically Miami, but they were also looking to launch their companies on the world stage.

The articles in Forbes said “The U.S. has a highly evolved infrastructure for nurturing innovative new companies and positioning them for global expansion. There are mature investor networks, a large and relatively homogeneous consumer population with expendable income, and a proven ability to commercialize innovative IP.”

The article then went on to say “the U.S. is exerting an intense gravitational pull, attracting dynamic young companies and investment capital, and interconnecting them in ways that were unimaginable before the digital era.”

If you are a foreign individual, opening a company in Florida may qualify you for an investor’s visa such as an E-2 Investor’s Visa or and EB5 Investor’s visa. If you qualify for an EB5 visa, then this could be a path to a green card and eventually potential U.S. Citizenship.

Source: Forbes

Bar Rescue Exemplifies Why You Need Proper Florida Corporate Documents

Florida corporate documentsA recent episode of the popular show “Bar Resucue” featuring Jon Taffer should be a warning to business owners about how important it is to have properly drafted Florida corporate documents.

The season finale was about two friends who became business partners, and their friendship suffered as a result.

One of the turning points of the episode is when Jon Taffer found out that the second owner, who supposedly owned 15% of the business did not have any paperwork, specifically corporate documents, to show for it. This created a strong rift between the friends because there was no documentation for this deal.

In order to solve this problem, Jon Taffer had the main owner bring his lawyer in to draw up the paperwork.

This action shows two things:

  1. How important it is to have a written agreement between business partners
  2. You should have an attorney draft these corporate documents.

As a bar and business expert for over 30 years, Jon Taffer did not tell these owners to have the paperwork drawn up on a website or “discount service.” He insisted that an attorney be called in to draw up the documents.

 

Spring Cleaning For Your Business: Florida Corporation or Florida LLC

Florida Corporation or Florida LLCThere are many entrepreneurs who have multiple interest and, as a result, have multiple businesses or multiple aspects to their current business.

If you are an entrepreneur who is thinking about expanding your business into an additional area, then it may be a good idea to create a new company, whether it be a Florida Corporation or Florida LLC.

For example, you may want one entity for your real estate transactions and a separate entity for your retail sales.

If your business is domesticated in another state or country, and you are considering doing business in Florida, then you must register to do business with the State of Florida.

There are many factors when determining what type of business entity (Florida LLC, Florida Corporation, etc.) is best for your business, including asset protection, liability and more. If you are unsure that your business formation is the correct model for your business, then you should schedule a business planning meeting with a Florida business law attorney to discuss your options.

If you are interested in forming/incorporating your Florida Corporation or Florida LLC, or you would like to schedule a business planning meeting to discuss your options with our business law attorneys, then contact Boyer Law Firm, P.L. today.

Am I Eligible for an E2 Investors Visa?

E2 Investor's VisaAn E2 Investor’s Visa is also referred to as a Treaty Investors Visa because the visa is the result of a treaty between the applicant’s home country and the United States.

The purpose of the E2 Investors Visa is to promote economic and business growth in the United States. Therefore, if you are applying for an E2 Visa, you must prove certain aspects in order to prove that your entry to the United States and your business will promote the growth of the U.S. Economy.

In order to prove that you and your business will benefit the U.S. Economy, you must submit evidence of several requirements, including but not limited to:

  1. Citizen of an E2 Treaty Country: In order to be eligible for an E2 visa, you must be a Citizen of a Country who has an E2 Treaty with the United States. Click here for a list of Treaty Countries.
  2. A Bona Fide Enterprise: In order to prove that your business will promote the U.S. Economy, you must first prove that you have an actual business.
  3. Proof that the investment in the business is substantial: The amount required will vary depending on the type of business you have, but it is generally understood that the more you invest, the better. Deciding to take on creating a business is nothing to take lightly. Although Boyer Law Firm has obtained visas for clients in the past with relatively low investments, we have also noticed a trend of stricter requirements and the benefits of a greater investment.
  4. Proof that the investment in the business in non-marginal: According to the United States Citizenship and Immigration Service (USCIS), “a marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income.  In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.”

If you meet these requirement and are interested in applying for an E2 Investors Visa, then contact Boyer Law Firm’s Immigration Attorneys today.

Spring Business Cleaning: Florida Employment Contracts

Florida employment contractIf you have not done so already, then you may want to update the office policies and procedures of your Florida business for the year 2014. This includes having employees sign employee handbooks/Florida employment contract(s).

That’s right! A Florida employment contract or Florida employment agreement is a contract, and a very important one at that! It sets forth the responsibilities not only of your employees, but also for you as an employer. Like any contract, you should have your florida employment contract drafted and reviewed by a business law attorney.

Additionally, while contracts are on your “Spring Cleaning to-do list,” you should review what contracts you have coming to an end (Ex: vendors, clients, suppliers, etc.) and schedule time to speak to a Florida business law attorney before those contracts end.

If you are interested in “Spring Cleaning” the contracts for your company, or if you need a contract drafted or reviewed, then contact Boyer Law Firm’s Business Law and Contract Attorneys today. This can be especially valuable if you are a foreign individual conducting your business from overseas.

Attorney Boyer on Contracts and Lien Laws


Contracts and Lien Laws

Attorney Francis M. Boyer spoke at the Florida Groundwater Association’s Annual Conference on Friday, May 2, 2014. He spoke about contracts and lien laws for contractors, subcontractors and more.

The presentation and Attorney Boyer received great feedback from the audience, and Attorney Boyer looks forward to attending the conference next year.

If you need assistance with a contract or lien law situation, then contact Boyer Law Firm, P.L. today.

Florida Business Planning and Florida Business Registration

Florida Business PlanningWith the onslaught of internet based companies, including phone apps, online stores, and much more, it can be difficult to navigate the legal landscape of properly setting up your business and abiding by the different state laws.

For example, according to the Orlando Business Journal, it is rumored that Zynga, maker of some of the most popular social games, is building a physical location in the Orlando, Florida area. Does this mean that Zynga will have to register to do business in Florida? If it has not already, then absolutely!

If your company has a permanent address in a Florida, then it needs to be registered to do business in Florida. If you are based in one state but you are selling throughout the country or internationally, then it is important to know the legal requirements for your business.

Here at Boyer Law Firm, we offer Florida business planning meetings that will allow Attorney Boyer and our other business law attorneys to guide you through this landscape and assist you in determining what you need to do to protect your business and yourself, especially when it comes to asset protection.

For more information on our Florida business planning meetings, or if you need to register your business to conduct business in Florida, then contact Boyer Law Firm today.