Avoid the Rent Monster with a Florida Investment Property

Florida Residential or Commercial Investment Property | Rent MonsterA Florida residential or commercial investment property is a great way to make money while living in or using a property instead of feeding the rent monster. The rent monster eats your rent money every month because instead of turning that money into equity on your condo, house, or store, the money simply disappears as if it was eaten by the “rent monster.”

The truth of the matter is that in this real estate market it is not much more expensive to buy a commercial or residential property than it is to rent one. In some cases the cost of a mortgage is actually less than the cost of rent. Additionally, if you invest in a shopping center, strip mall, or apartment complex, then you can also earn supplemental income from the other tenants in the building.

If you are interested in purchasing a Florida residential or commercial investment property to avoid the rent monster, or if you want to purchase one of these properties for another use, then contact Boyer Law Firm’s real estate attorneys today.

It is important to contact Boyer Law Firm, P.L. BEFORE you make an offer on the property, as there may be steps we can take beforehand to expedite the Florida real estate closing process once the offer has been made and accepted.

Florida Will and Florida Estate Planning

Florida Will and Florida Estate PlanningThere are many times throughout your life when you should update your Last Will and Testament. These include major life changes, such as marriage, divorce, a child being born, a loved one passing away, or a major increase or decrease in the assets that will be included in your estate.

If you have recently suffered the loss of a loved one, this is also a good time to update your Florida Will. You may have received additional assets from that estate, and you especially want to update your will if the deceased was one of your beneficiaries or the person you appointed as your personal representative.

Here at Boyer Law Firm, we assist both domestic and foreign clients with their Florida Will and other Florida estate planning needs. If you are a foreign individual who owns real estate or other property in Florida, then it is important to talk to an attorney who is not only an expert in estate planning, but also an expert in estate planning for international clients, as the international aspect adds a dimension to estate planning that is unfamiliar to most Florida attorneys.

If you need assistance with updating your will, or if you do not have a will, then contact Boyer Law Firm today to see how we can assist you.

DBA or Fictitious Name in Florida

DBA or Fictitious Name in FloridaOnce you have created your Florida business and registered it with the State, you should consider whether or not there will be another name under which you will operate your business. This is common for restaurants and other retail-type businesses and is referred to as a DBA or Fictitious name in Florida.

If your company is ABC, LLC, but the name of your restaurant is XYZ Food, then you should register XYZ Food as a “Doing Business As” (DBA), also known as a fictitious name in Florida. There are certain requirements that must be adhered to in order to fulfil the requirements for a DBA or fictitious name in Florida including a publication requirement.

If your business is not registered with the State of Florida and you are conducting business in Florida, then it is important to properly register your company immediately. Failure to do so could result in penalties that could stop your operations, fines, or other consequences.

For owners of corporations, multi-member LLCs, and other companies with more than one owner, it is not only important that you properly register your business with the State, but it is also important that you company documents are properly drafted in order to protect your partnership, your company, and yourself.

Persons and companies operating under a DBA or Fictitious name in Florida may also want to consider applying for a copyright or trademark for that name and your logo in order to protect the brand of the company.

No Expectation of Privacy for Facebook Photos

Privacy for Facebook photosA picture is worth a thousand words… especially to a Jury… especially when you posted it on Facebook yourself.

A recent decision from the Florida Fourth District Court of Appeals regarding a personal injury cases states, “If a photograph is worth a thousand words, there is no better portrayal of what an individual’s life was like than those photographs the individual has chosen to share through social media before the existence of any motive to manipulate reality. The photographs sought here are thus powerfully relevant to the damage issues in the lawsuit.”

Even if you have your privacy setting set to the maximum privacy available, nothing you put on Facebook or the internet is ever 100% private.

The Court opinion in this matter said, “By creating a Facebook account, a user acknowledges personal information will be shared with others, the court said, as that is the very purpose of social networking. Facebook itself does not guarantee privacy.”

The Plaintiff in the above matter claimed that she had a reasonable expectation of privacy for Facebook photos and that they were not “discoverable” (meaning that they should be provided to Opposing Counsel during the “Discovery Process” of litigation).

The Court disagreed and allowed them into evidence.

This lesson on expectation of privacy for Facebook photos is no longer just for teenagers and children. Adults, especially professional adults, must realize that there is very little, if any, expectation of privacy on the internet.

If you do not want someone to read or see something, then do not post it.

IRS Tax Professional List & ITINs for International Taxpayers

international taxpayer ITINThe IRS has created a list of attorneys, CPAs, and other tax professionals available in an online directory searchable by country (for international taxpayers), zip code, and last name. In order to be included in the directory, the tax professionals must have a 2015 Preparer Tax Identification Number (PTIN). Attorney and CPA credentials on this list are self-reported to the IRS.

Whether you obtain your tax preparer referral from this list or not, the IRS continues to advise that you ensure your tax preparer has a valid PTIN.

If you are a foreign individual filing taxes, then you will need an Individual Taxpayer Identification Number (ITIN) in order to complete your individual tax return. ITINs may also be required for other tax issues, depending on your specific situation.

Individual Tax Returns are due by April 15, and corporate tax returns are due by March 15. If you are an international taxpayer and need assistance obtaining an ITIN, then contact Boyer Law Firm, P.L. today. There are specific document requirements to obtain and ITIN from the IRS, so if you need an ITIN, it is important to get the process started as soon as possible.

SkyRise Miami, EB5 Visas and Other Investor’s Visas

SkyRise Miami EB5 Investor's VisaSkyrise Miami has obtained approval under the EB-5 investor’s visa program. This program allows foreign nationals to literally buy their way into permanent residence in the United States. By investing in the tower (or other EB5 enterprise) and applying for an EB5 visa, a foreign national can gain Legal Permanent Residence in the United States, which can be a path to U.S. Citizenship.

According to a quote from the CNBC story on SkyRise Miami, investors will most likely not receive a large return on their investment, but they will receive a green card if their EB5 visa is approved. The majority of the investment in SkyRise Miami is expected to come from China, where a return on investment is secondary to Citizenship for most investors.

Foreign investors who want to obtain a green card also have the option of investing into other EB5 approved projects or by creating their own business in the United States.

In order to qualify for an EB5 visa, an investor must invest a minimum of $1 million (or $500,000 in some cases) into a qualified enterprise, and the enterprise must create at least 10 jobs.

If you are not able to invest the $1 million right away, then there are other investor’s visa options available to you, including E2 visas. There is no set investment amount for an E2 visa; the investment must be “substantial,” and it is understood that the more you invest in the business, the greater the chances are for the visa to be approved.

Intending Immigrants: Keep Track of Your US Travel History

US travel historyIf you are interested in coming to the United States as an immigrant, or if you are already in the United States on a visa or permanent resident status, it is very important for you to keep records of your US travel history into and out of the country.

Here at Boyer Law Firm, we assist foreign individuals with many different immigration matters, including adjustments of status based on marriage, temporary visas, investor’s visas, Legal Permanent Residence, and applications for Citizenship through Naturalization.

The majority of these immigration applications and forms require the applicant and/or petitioner to list their US travel history for anywhere from five (5) to ten (10) years.

If you fail to plan, you plan to fail. Whether you are currently in the United States or you are thinking about applying for US immigration in the future, you should keep accurate records of your travel history into and out of the United States.

People to Avoid When Starting a New Business

A new business, like a new baby, is constantly growing and needs proper care. One of the things you must think about when starting a business is the people you work with and surround yourself in to conduct that business. These people include employees, vendors, CPA, attorneys, and other professionals.

There are 10 types of people to avoid when starting a new business, according to Entrepreneur Magazine:

  1. People to Avoid When Starting a New BusinessTHE SIREN: Similar to the Sirens in Greek mythology who lured sailors to their death, a siren is business is someone who seems amazing and enticing, but is a distraction for you as a business owner.
  2. THE GOAT: Goats are very charismatic and seem to get away with anything. However, they use their strengths in devious ways and have a tendency to force those around them to make bad business decisions.
  3. THE ELEPHANT (in the room): Like the elephant in the room, an elephant will never let you forget those passed mistakes. They will keep harping on them instead of learning and moving on.
  4. THE HATER: A hater is someone who wants to be on top by dragging everyone else down below them.
  5. THE NARCISSIST: Narcissists are obsessed with themselves and are bad at taking team-oriented action. They also value a business’ image over its reputation.
  6. THE NEMESIS: If you have to work with someone who you can’t stand (a nemesis), then try to use that person to learn about yourself.
  7. THE ARES: Another from Greek Mythology. Ares-type people love conflict and are addicted to drama and winning at all costs, even if there is nothing to be won.
  8. THE DIONYSUS: The Greek god of wine, parties, and pleasure. Enough said.
  9. THE BLACK CAT: A black cat is unlucky, negative, always depressed, and has a dark cloud following them everywhere they go.
  10. THE FAT CAT: The fat cat are usually investors with a lot of money who want to control your company and make money off you.

 

It is important to properly analyze the people you work with and the people to avoid when starting a new business. If you are interested in starting a new business or if you are currently in business and need legal assistance, then contact Boyer Law Firm, P.L. today.

Alcohol licensing in Florida and the United States

Alcohol licensing in Florida and the United StatesU.S. consumers bought over 768 million gallons of wine in 2013, beating out France for the world’s biggest wine market, according to Daily Mail. The United States is still, however, behind France in consumption per head. This trend shows the opportunity for growth for businesses in the wine industry in the United States.

If you are interested in starting a business in Florida to import, export, or distribute wine or other alcohol, then in addition to the normal requirements to establish and run a business in Florida, you must adhere to Federal, State, and local regulations regarding alcohol licensing in Florida and the United States depending on your respective jurisdictions.

You must adhere to regulations set forth by U.S. CBP, the FDA, and more. You must also register the labels for your alcoholic products. There are different requirements for importers than there are for distributors, which is why it is important to hire an experienced international law attorney to assist you when applying for alcohol licensing in Florida and the United States.

Failure to adhere to these guidelines could result in penalties that could stop or hinder your ability to conduct business in Florida.

For assistance in obtaining alcohol licensing or starting your business in Florida, contact Boyer Law Firm, P.L. today.

Shark Tank Lessons for Entrepreneurs

Shark Tank LessonsShark Tank, the popular CNBC television show where entrepreneurs pitch their business ideas to investor “sharks” will be visiting the University of Miami for an open casting call Today.

One of the reasons why Shark Tank has become so popular is because the audience can see the “American Dream” come to life when a Shark Tank entrepreneur is offered capital to start or grow their business.

There are several criticisms constantly repeated on Shark Tank that every entrepreneur should consider. These include:

  1. Is the business or product proprietary? How so?
  2. What differentiates this business or product from the competitors?
  3. What are your sales?
  4. What is your marketing plan for the future?
  5. What is your plan to grow your business in the short term? What is your plan to grow your business in the long term?

Whether you are seeking an investor to accompany you on your business venture or you are starting your Florida business without an investor, it is important to consider these questions.

Boyer Law Firm can help you with these items in several ways including the proper setup for your business, the option to have business planning sessions with the attorney to grow your business, the option to have a business plan drafted for your business, which will give you a general idea of where you want your business to go and how you want the business to grow, and much more.

Another subject often brought up on “Shark Tank” is the question of intellectual property, which includes trademarks, copyrights, and patents. Intellectual property can be considered an important asset of the business and add to the overall value that an investor will consider when buying into a business.

If you are considering setting up a company or you have an invention that you would like to turn into a business, contact Boyer Law Firm today to see how we can assist you.

Return Policy Contract: Does Your Business Have One?

Return policy contractNow that Christmas is over, it is time for the tradition of returning the gifts you didn’t like. In Canada, this trend is so popular that they even have a holiday for it: the day after Christmas is called “boxing day.”

UPS plans to ship over 4 million return packages this year, according to the Jacksonville Business Journal.

If you are the owner of a Florida business, whether it be a retail business, a restaurant, or any other type of business which deals in transactions, you need to prepare for the instance when a client or customer will want to return a product.

If you are making transactions on a larger scale, and especially if you are engaging in B2B transactions, it is important that the contract you have with your client or customer outlines your return policy in a clear manner that is consistent with the method in which you want to conduct business. Having a return policy properly outlined in a contract can prevent costly litigation in the event of an unsatisfied customer.

A return policy contract can be tricky to enact because you need to find the balance between making your customers happy while protecting the profits of your company.

If your business does not have this type of contract, or if you are unsure of other contracts that may be essential to conducting your Florida business, then contact Boyer Law Firm today to see how we can assist you.

Florida Annual Report is a Must to Maintain your Florida Business

Annual ReportFlorida businesses are required to file a Florida annual report each year beginning in January.

Failure to comply with this requirement by the deadline could result in severe monetary penalties and a failure to file the Florida annual report at all could result in the administrative dissolution of your business. If your business is administratively dissolved, it will no longer be considered an active company registered to do business with the state of Florida.

If you currently have a business and are considering changing your Florida registered agent, then now is the time to do so. The Florida annual report provides you with a unique opportunity to make certain changes to your business with the State without having to pay additional filing fees.

All businesses in Florida are required by law to designate and maintain a Florida Registered Agent. The registered agent must have a Florida address and must be open to the public during regular business hours.

A Florida registered agent acts as the company’s representative for “service of process,” for items such as summonses, writs, and other legal papers, which is one of the reasons it is a good idea to hire an attorney as your Florida registered agent. In the event that your company is sued, you will have only 20 days to respond to the summons, so it is of the utmost importance that both you and your attorney are aware of this summons immediately.

Boyer Law Firm’s Florida Registered Agent Services include:

– Registered Agent Service for the current year

– Filing of the Annual Report for your company

– All state-mandated fees

– Additional services may be provided upon request for an additional fee.

Please also be aware that Florida businesses are required to file a Florida annual report, but they are NOT required to file their “Annual Minutes.” There have been scams the past couple years asking business owners to file these “Annual Minutes,” and it is suspected that these scams will continue in 2015.

If you receive a letter asking you to file your annual minutes, ignore it or contact an attorney. If you have already received the letter and paid it, contact the State Attorney General’s office.

For more information on filing annual reports and Florida registered agent services, contact Boyer Law Firm today.

2015 Florida Business Planning Session Appointments Now Available

2015 Florida Business PlanningAs 2014 comes to a close and 2015 starts, it is a good time to take a look at your Florida business and determine how to grow in the next year and how to make your business better in general. It is an even better idea to hire an experienced Florida business law attorney to assist you in this analysis.

One of the things you should do to kick off your business for the upcoming year is to schedule a 2015 Florida business planning and preventative business law session with Attorney Francis M. Boyer. This meeting may assist you with multiple aspects of your business, including a legal business analysis that could be of great value to you.

Attorney Boyer can:

–          Perform a legal business audit, or business checkup, which may reveal potential legal problems your company may have, or it may reveal unknown business opportunities.
–          Assist in Business brainstorming in order to improve the business on both a large scale and in day-to-day aspects.
–          Provide reliable contacts, such as CPAs, Banks, Brokers, and other professionals
–          Provide peace of mind
–          And more

If you would like to schedule a 2015 Florida business planning session with Attorney Boyer, whether you are a current client or not, then contact Boyer Law Firm, P.L. today and one of our staff will be happy to schedule an appointment for you.

These appointments may be via telephone, Skype, or in one of our three office locations, but available spaces will fill up quickly, so contact us today to see how we can help you.

Broward County Will Stop Assigning Book & Page Numbers

Broward CountyBroward County, Florida announced in a press release that they will stop assigning Book & Page numbers in the Official Records book type, affecting the majority of the documents recorded beginning January 1, 2015. An “Instrument Number” will be generated for these documents at the time of recording.

Any documents recorded on or after January 1, 2015 must be referenced using the Instrument Number only. The exception will be for large format documents. This change is in preparation for a transition to a new database format and new recordation system software.

Since book and page numbers are often included in the legal descriptions for real property (which are placed on a deed), this change may affect the way legal descriptions are written.

As with any new policy, tweaks will most likely be made as the system is established.

How do people in Miami spend their money?

If you are thinking about starting a business in a city, then it is important to find out the needs of the people who live there so that you can ensure that your business fulfills a need. One way to do this is by looking at how these people spend their money.

A study recently published in the New York Times outlines how people spend their money in cities across the nation, including Miami. This study gives us a general overview of how people in Miami spend their money compared to other U.S. cities

Germany compact executive carThe findings were that Miami spends more than the national average on:

1. New Cars
2. Coffee
3. Housekeeping
4. Parking Spaces
5. Car leases

Miami spend significantly less than the national average on:

1. Education (but above average in giving away their money to schools)
2. Personal Computers
3. Social and health clubs
4. Prescription drugs

On average, the study found that people in Miami spend less on status goods then people who live in New York, Dallas, Los Angeles or San Diego.

Some strange findings:

San Diego spends 3.5 times the national average on nonalcoholic beer

San Francisco spends 3.5 times the national average on alimony

Boston spends 7.5 times the national average on rental of campers for out-of-town trips

Boston spends 2.7 times the national average on dried peas

 

Additional Source: South Florida Business Journal

ITINs and U.S. Taxes for Foreign Taxpayers

U.S. taxes for foreign taxpayersAn Individual Tax Identification Number (ITIN) allows a foreign individual to file taxes with the IRS. There have been over 21 million ITINs issued since the program began in 1996.

ITINS are designed for tax administration purposes and are only issued to people who are not eligible to obtain a Social Security Number (SSN). ITINs play a critical role in tax administration for foreign nationals, resident and nonresident aliens and others who have tax filing or tax payment obligations.

Due to an overwhelming number of unused ITINs, the IRS will deactivate an ITIN that has not been used on at least one tax return in the past five consecutive years beginning in 2016.

It is estimated that only about ¼ of the ITINs issued are actually being used on U.S. taxes for foreign taxpayers. This new system is designed so that the ITINs not being used will expire and the ITINs that are being used will no longer expire after five years, forcing the foreign taxpayer to apply for a new ITIN, as long as the foreign taxpayers continue to file U.S. tax returns.

For help with U.S. taxes for foreign taxpayers contact Boyer Law Firm today for assistance with tax planning, estate planning, and much more.

Bankruptcy? Improve the Finances of Your Florida Business

Improve the finances of your Florida businessPart of running a successful business is to know how your business is performing on a financial level and to know the key actions to take in order to constantly improve the finances of your Florida business.

If the following action are being taken by you or your company, it may be a sign that your business should consider bankruptcy, or should at least consult an experienced business law attorney to discuss your options to prevent your business from going bankrupt.

Signs that Your Business Should Consider Bankruptcy:

1. You are using payroll taxes for your business use between payroll and their remittance date, or worse, you are not paying them anymore.

2. You have not made your estimated tax payment for the quarter, or the quarter is approaching and you will not be able. Worse, you are two payments behind. While you certainly can re-estimate your tax payments to lower the amount, you do not do it.

3. You are using personal credit cards, personal lines of credit and/ or retirement funds to keep your business going.

4. You receive numerous debt collection calls and are past due on several bills.

5. You are losing money most months.

Bankruptcy will not make an unsuccessful business successful again. However, good timing of a business lawyer teamed up with a bankruptcy attorney can provide the insight, advice and skills necessary to prevent your business from even filing for bankruptcy.

While at Boyer Law Firm we do not handle bankruptcy, we can recommend attorneys who do to you. It is important to know when to call a business lawyer to potentially renegotiate debts and terms, cancel or negotiate an end to contracts, including equipment lease agreements, commercial lease agreements, and more.

If your business is facing bankruptcy, or if you simply need to consult a business law attorney regarding debts or renegotiations of contracts to improve the finances of your Florida business, contact Boyer Law Firm today to see how we can assist you.

Don’t wait until it’s too late.

Franchise Agreement with Wahlburgers

Franchise Agreement with WahlburgersThe Whalberg family is well-known by most people. Mark Whalberg is the old Calvin Klein model and star of many movies, including the recent Transformers movie, his brother Donny Wahlberg was a member of New Kids on the Block and currently stars in the TV show “Blue Bloods,” and their brother Paul Wahlberg stars in their reality show Wahlburgers and is the head chef at the restaurant.

The reality show Wahlburgers is named after their Boston-based “burger joint” owned by the three Wahlberg brothers and follows them as they run this restaurant. Now fans of the show, or fans of the Wahlbergs in general, will soon be able to visit the restaurants in person, as a central Florida entrepreneur has signed a franchise agreement with Wahlburgers to open 20 locations in Florida over the next several years.

A franchise agreement such as the franchise agreement with Wahlburgers is just one option when you want to start a Florida business. If you are interested in purchasing a franchise, then it is important to hire a business law attorney to draft and/or review the franchise agreement before you sign the document. A franchise agreement is a contract which is why it is important to not only understand what you are signing, but also to ensure the protections you want for your business are included in the agreement.

Franchises can also potentially be used as an investment for an investor’s visa.

If you are interested in starting a franchise or another type of business in Florida, then contact Boyer Law Firm’s business law attorneys today to see how we can assist you.

Doing Business in Florida as a Foreign Corporation

florida map silhouette with cities namesIf are currently conducting or doing business in Florida as a foreign corporation, or plan on doing so in the future, then it is important that your business be registered as a foreign corporation with the State of Florida.

A foreign corporation is any corporation whose initial incorporation was not filed in Florida. This can be a different country, or it can be another state in the US. The same rule applies to Limited Liability Companies and Partnerships. If you fail to properly register your company with the State, then there could be consequences both for your company and for you individually.

In addition to registering the business with the State of Florida, the foreign company must maintain a registered agent within the State of Florida.

If you are conducting or doing business in Florida as a foreign corporation, then Boyer Law Firm can also assist you with customs issues, such as importing or exporting goods, immigration matters, such as E2 visas or other investment visas, contracts for your business, and more. We can even assist you in finding and purchasing a house for you and your family to live in or commercial real estate for your business.

We pride ourselves in being able to assist foreign clients from their initial dealings in Florida or desire to move to Florida, through the moving process to Florida, and for years thereafter.

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.

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.

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.

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.

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.

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.