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		<title>Important Legal Documents That Startups Need</title>
		<link>https://domyllc.com/articles/law/important-legal-documents-that-startups-need/</link>
		
		<dc:creator><![CDATA[Steven Pickett]]></dc:creator>
		<pubDate>Wed, 02 Sep 2020 14:00:04 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">https://www.domyllc.com/?p=43754</guid>

					<description><![CDATA[<p>If you are thinking of starting your own limited liability company (LLC), you have to familiarize yourself with the processes and requirements. Your company will need certain legal documents to help in managing its operations and ensuring compliance with its obligations. To help you get started, we have come up with a list of the..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/important-legal-documents-that-startups-need/">Important Legal Documents That Startups Need</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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<p>If you are thinking of starting your own <a href="https://domyllc.com/llc/">limited liability company (LLC)</a>, you have to familiarize yourself with the processes and requirements. Your company will need certain legal documents to help in managing its operations and ensuring compliance with its obligations. To help you get started, we have come up with a list of the different types of LLC paperwork that you may have to prepare to prevent any issues in the future:</p>



<h2 class="wp-block-heading"><strong>Business Plan</strong></h2>



<p>The first document you will need is a solid business plan. It will serve as a guide to what your company is all about. It will also help attract investors who may be interested in funding your startup. Here are three things you can include in your business plan:</p>



<ul class="wp-block-list"><li>What is the problem that your company wants to solve?</li><li>How will you solve the problem?</li><li>Why is your company best suited to solve that specific problem?</li></ul>



<p>You should also consider certain factors that can help structure the company.</p>



<ul class="wp-block-list"><li>How will your LLC be managed?</li><li>What are your products or services?</li><li>How will you deliver your products or services?</li><li>Do you have a sales and marketing strategy? What is it?</li><li>What are the requirements for your operation?</li><li>Who is your target market, and how will you reach them?</li><li>What are the market risks that your company may face?</li></ul>



<h2 class="wp-block-heading"><strong>Formation Documents as Part of the LLC Paperwork</strong></h2>



<p>What makes an LLC attractive is that it offers liability protection for the assets of the owners and allows pass-through taxation. However, to maintain the limited liability protection, you have to make sure you accomplish all required legal documentation.</p>



<p>An important piece of LLC paperwork is the Articles or Certificate of Organization. You have to submit this document to the appropriate state agency for where you want to operate. Most states have readily available forms you can use. While the requirements may vary depending on the state, there are general elements you need to prepare. To learn more about filing an LLC, visit our state-specific pages.&nbsp;</p>



<ul class="wp-block-list"><li>LLC name</li><li>Purpose of the business</li><li>Principal office address</li><li>Name and address of your registered agent</li><li>Management structure</li><li>Duration of the company, if not eternal</li></ul>



<h2 class="wp-block-heading"><strong>Operating Agreement</strong></h2>



<p>The operating agreement is an internal document that you do not have to file with the state. While it is not a requirement, it is advisable to create one. This paperwork will specify the duties and rights of all the members as well as the distribution of profits and losses. It may also include details about voting rights, ownership percentages, protocols in case an owner dies or wants to leave, and how to dissolve the LLC. To ensure the validity of this document, all members have to sign it.</p>



<h2 class="wp-block-heading"><strong>Employee Identification Number (<a href="https://domyllc.com/ein/">EIN</a>)</strong></h2>



<p>This number from the Internal Revenue Service (<a href="http://irs.gov">IRS</a>) is like the Social Security Number of your company. You will need it for tax filings, hiring employees, and opening a business bank account. You can get one using a specific document known as IRS Form SS-4.</p>



<h2 class="wp-block-heading"><strong>Buy and Sell Agreement</strong></h2>



<p>Change is natural when it comes to business relationships, so if you want to prepare for any possibility, it will be smart to have this type of LLC paperwork. It will help in determining the following:</p>



<ul class="wp-block-list"><li>What will happen to the company in case you or other members want to retire or suddenly pass away?</li><li>What will happen if a member becomes incapable of fulfilling their duties?</li><li>What should you do if one or more members file personal bankruptcy?</li><li>Will the heir of the involved member be the new member? Or will they be required to sell their share?</li><li>For how much can a share be sold?</li></ul>



<h2 class="wp-block-heading"><strong>Employment Agreement</strong></h2>



<p>If you are planning on hiring employees, you may want to prepare this document in advance. It will prevent misunderstandings when it comes to employment terms. You may include the following information:</p>



<ul class="wp-block-list"><li>Wages and compensation</li><li>Benefits</li><li>Duties and responsibilities</li><li>Working hours</li><li>Job title and description</li><li>Confidentiality</li><li>Non-solicit and non-compete clauses</li><li>Notice period and termination</li></ul>



<h2 class="wp-block-heading"><strong>Non-Disclosure Agreement (NDA)</strong></h2>



<p>Having this document will help protect any proprietary information related to your business practices and intellectual property. You can create NDAs for employees, suppliers, and other business partners.</p>



<h2 class="wp-block-heading"><strong>Need Help?</strong></h2>



<p>These types of LLC paperwork are only a few of the documents your company may need. Once you have fully understood the important legal documents you have to prepare, you can move on to the state registration process.<a href="https://domyllc.com/contact/"> DoMyLLC</a> can help you prepare and file the formal paperwork to ensure compliance.</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/important-legal-documents-that-startups-need/">Important Legal Documents That Startups Need</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>Foreign LLC in California: Rules on Registration and Exemption</title>
		<link>https://domyllc.com/articles/law/foreign-llc-in-california-rules-on-registration-and-exemption/</link>
		
		<dc:creator><![CDATA[Steven Pickett]]></dc:creator>
		<pubDate>Wed, 29 Jan 2020 15:14:00 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">https://www.domyllc.com/?p=37465</guid>

					<description><![CDATA[<p>Many business owners choose to form a limited liability company (LLC) because of its advantages. To open this type of business entity, one has to register with a state of their choice. Each state comes with different regulations regarding LLCs. But what happens if you wish to do business in other states, like California? Well,..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/foreign-llc-in-california-rules-on-registration-and-exemption/">Foreign LLC in California: Rules on Registration and Exemption</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
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<p>Many business owners choose to form a limited liability company (LLC) because of its advantages. To open this type of business entity, one has to register with a state of their choice. Each state comes with different regulations regarding LLCs. But what happens if you wish to do business in other states, like California? Well, all you need to do is register a foreign LLC in California. This way, you can legally do business in this state.</p>



<h2 class="wp-block-heading">Types of LLC</h2>



<p>There are two types of LLC registrations in each state. These are the domestic LLC and foreign LLC.</p>



<h4 class="wp-block-heading">· &nbsp; &nbsp; &nbsp; Domestic LLC</h4>



<p>As the name suggests, this type of LLC refers to those that operate in the same state where they registered their business. For example, you formed an LLC in California. If that is the only state where you do business as an LLC, then you are organizing a domestic LLC.</p>



<h4 class="wp-block-heading">· &nbsp; 	Foreign LLC</h4>



<p>This type of LLC is the opposite of the first one. In this situation, foreign does not mean a different country or a non-US resident owner. These LLCs operate in a different state from the state where they organized their business. For example, you have formed an LLC in one state and wish to conduct business in another. You have to obtain a foreign qualification in that other state.</p>



<h2 class="wp-block-heading">Foreign Qualification in California</h2>



<p>Each state has its own regulations when it comes to foreign qualification. To register a foreign LLC in California, you will have to file an Application to Register a Foreign LLC with the Secretary of State and submit a Certificate of Good Standing. You will obtain the latter through the home state of your business. Pay for the state fees and follow the foreign qualification process thoroughly. If you find the process a bit overwhelming, you can hire an expert company like <a href="https://domyllc.com/">DoMyLLC</a> to have a smooth registration experience.</p>



<p>California requires companies to register for foreign qualification if they are transacting business in the state. One way to determine if a company is transacting business in California is if it has to pay for state sales taxes. In other words, a business that has a physical presence in the state should have to foreign qualify first. To be able to do that, get to know the required general rules that are stated below.</p>



<p>· &nbsp; &nbsp; &nbsp; You have at least one sales representative in California.</p>



<p>· &nbsp; &nbsp; &nbsp; Your business has an office within the state.</p>



<p>· &nbsp; &nbsp; &nbsp; You have a store in California.</p>



<p>· &nbsp; &nbsp; &nbsp; Your company has a warehouse in the state.</p>



<p>· &nbsp; &nbsp; &nbsp; Your company is a member of another LLC that conducts business in California.</p>



<p>· &nbsp; &nbsp; &nbsp; Your LLC is a general partner in a California partnership.</p>



<p>· &nbsp; &nbsp; &nbsp; A member, agent, or manager of your LLC transacts business on behalf of your company in California.</p>



<p>· &nbsp; &nbsp; &nbsp; Your LLC has generated sales here worth $500,000 or 25% of the total sales, whichever is lesser.</p>



<p>· &nbsp; &nbsp; &nbsp; Your company owns a property in California that has a value of $50,000 or 25% of its total property, whichever is less.</p>



<p>· &nbsp; &nbsp; &nbsp; Your LLC pays employees or contractors in California $50,000 or 25% of the total wages the company paid.</p>



<h2 class="wp-block-heading">Exemptions To The Rule</h2>



<p>California&nbsp;has specified some activities that it does not consider as transacting business in the state. If your LLC does any of these activities, then you do not have to register a foreign LLC in California.</p>



<ul class="wp-block-list"><li>&nbsp;You settle lawsuits.</li><li>&nbsp;You deal with internal LLC affairs, including meetings.</li><li>Your LLC has a bank account in the state.</li><li>Your company has an office, agency, or people in California who handles the LLC’s accounting services and bonds.</li><li>You are selling products through independent contractors.</li><li>&nbsp;Your LLC solicit or obtain orders that you have to contract or accept outside the state.</li><li>You are securing or collecting a debt.</li><li>You are acquiring indebtedness, evidence of such activity, mortgages, or security interests in real and personal property.</li><li>Your LLC conducted an isolated transaction that you completed within 180 days.</li><li>Your LLC conducts business in interstate commerce.</li></ul>



<p>Keep in mind that these exemptions are not exclusive. California may exempt other activities based on the Corporations Code. To ensure compliance, you should check with state laws and try to understand the regulations properly.</p>



<p>If your company’s activities do not fall under the exemptions, you may have to undergo foreign qualification. If you fail to register, you may have to face legal issues. Make sure you submit all documents, follow all requirements, and pay for the fees to legalize your transactions in the state. You can also hire a consultation company to help you through the process.<br></p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/foreign-llc-in-california-rules-on-registration-and-exemption/">Foreign LLC in California: Rules on Registration and Exemption</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>How to Sign Contracts When Your LLC Formation Is Complete</title>
		<link>https://domyllc.com/articles/law/how-to-sign-contracts-when-your-llc-formation-is-complete/</link>
		
		<dc:creator><![CDATA[Steven Pickett]]></dc:creator>
		<pubDate>Wed, 15 Jan 2020 15:00:00 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">https://www.domyllc.com/?p=37203</guid>

					<description><![CDATA[<p>Most business owners choose LLC formation because of its advantages, which include limited liability. Through this, members of the LLC can protect their assets. To ensure that your assets are well-protected, you should make sure there is a clear distinction between these assets and those that the business owns. You should also be careful when..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/how-to-sign-contracts-when-your-llc-formation-is-complete/">How to Sign Contracts When Your LLC Formation Is Complete</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
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<p>Most <a href="https://domyllc.com/llc/">business owners</a> choose LLC formation because of its advantages, which include limited liability. Through this, members of the LLC can protect their assets. To ensure that your assets are well-protected, you should make sure there is a clear distinction between these assets and those that the business owns. You should also be careful when dealing with various documents.</p>



<p>Many people think that signing legal documents is enough. However, what they do not realize is that it is also necessary to sign these documents correctly. For members of an LLC, it should be clear that they are signing documents or agreements for the company.</p>



<p>Before entering an agreement, you should ensure that the contract specifies that it will be between the LLC and the other party and that you, as a member, are not involved personally.&nbsp;</p>



<h2 class="wp-block-heading">Importance Of Titles In LLC Formation</h2>



<p>LLC titles have the same importance as titles that corporations and partnerships use when signing legal contracts and documents. As a member, you should not forget to include the appropriate title within the company when you sign an agreement. It is a way to establish that you are only acting on behalf of the company.</p>



<p>Members often represent LLCs. However, there are some instances when an LLC hires an outsider to run the business. These people are called managers. Only a member or a manager can sign on behalf of an LLC.</p>



<p>For example, you are the manager of the LLC. You should use that title when signing the documents. Your signature should provide two things.</p>



<ul class="wp-block-list"><li>It should ensure the other party that the LLC authorizes you to sign the contract.</li><li>It should inform the other party that you are signing the document on behalf of your LLC.</li></ul>



<h2 class="wp-block-heading">Problems That May Arise During An LLC Formation</h2>



<p>If you fail to include your title, you could make your assets vulnerable to risks and attacks in case the contract encounters issues. Having only your name and signature indicates that you have signed as an individual. If this thing happens, the other party may be able to file a lawsuit against you as a person. If the court rules that you are personally liable for the losses, your assets could be at risk.</p>



<h2 class="wp-block-heading">Proper Elements</h2>



<p>First, you should make sure that the contract is under the name of the LLC. Next, you should check if the signature includes your name, your title in the LLC, and the name of the company. Read the contract carefully. Make sure it is clear that the contract is between the LLC and the other party. It should only involve the parties that have signatures.&nbsp;</p>



<h2 class="wp-block-heading">Encountering Exceptions</h2>



<p>Sometimes, you will need to sign as a person and for the company at the same time. This situation often happens when the other agency or organization wishes the new company to offer both personal and LLC guarantees.</p>



<p>For example, after the LLC formation, you have decided to borrow from a commercial lender. In this case, you might have to offer personal and company guarantees since you cannot show an operating history yet.</p>



<h2 class="wp-block-heading">Incorporating Changes</h2>



<p>Sometimes, one cannot help but make changes to a document before the signing. In these cases, it is best to incorporate the changes using a computer. This way, you can easily print out the new version of the agreement. But if it is not possible to include the changes before printing, you can write the changes or type them directly onto the current printed copies. If you do this, make sure that all parties involved will sign their initials beside the additional changes that you made. These initials will serve as proof that they are aware of the changes and that they agree to them.</p>



<h2 class="wp-block-heading">Provide Copies</h2>



<p>All parties that are involved in the agreement should have a signed copy of the document. To ensure this, you should print out copies as many as the people who will sign. Doing this will guarantee that everyone gets a copy. Make sure that each copy is complete. Include all annexes and attachments.&nbsp;</p>



<p>Other companies make use of fax machines or electronic signatures. If this is the agreed communication method, one party should sign a copy and send it to the other party. In return, the other party will sign it and send the signed copy back. Fax or electronic copies may be enough for both parties. However, you can exchange original signed copies by mail to be sure.</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/how-to-sign-contracts-when-your-llc-formation-is-complete/">How to Sign Contracts When Your LLC Formation Is Complete</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>Tax Tips: How Will the New Business Tax Law Impact Small Businesses</title>
		<link>https://domyllc.com/articles/law/tax-tips-how-will-the-new-business-tax-law-impact-small-businesses/</link>
		
		<dc:creator><![CDATA[Steven Pickett]]></dc:creator>
		<pubDate>Thu, 21 Feb 2019 07:30:21 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[Business Plan]]></category>
		<category><![CDATA[Business Taxes]]></category>
		<category><![CDATA[Company]]></category>
		<category><![CDATA[incorporate]]></category>
		<category><![CDATA[Limited Liability Company]]></category>
		<category><![CDATA[S-Corp]]></category>
		<category><![CDATA[Start a Business]]></category>
		<category><![CDATA[Start Up]]></category>
		<category><![CDATA[Tax Laws]]></category>
		<category><![CDATA[Taxation]]></category>
		<category><![CDATA[Taxes]]></category>
		<guid isPermaLink="false">https://www.domyllc.com/?p=27560</guid>

					<description><![CDATA[<p>Last year, Congress passed a new business tax law that overhauled the entire financial system. Not only does the law impact individuals, but it also affects small business owners as well. As the year comes to a close, it’s critical that small business owners understand how the new business tax law will impact the returns..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/tax-tips-how-will-the-new-business-tax-law-impact-small-businesses/">Tax Tips: How Will the New Business Tax Law Impact Small Businesses</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>Last year, Congress passed a new business tax law that overhauled the entire financial system. Not only does the law impact individuals, but it also affects small business owners as well. As the year comes to a close, it’s critical that small business owners understand how the new business tax law will impact the returns that they file before April 2019. Small business owners should find the tips and guidelines we’ve provided below beneficial. <br></p>



<h2 class="wp-block-heading"><em>C-Corporations Will File Under A Lower Rate </em><br></h2>



<p>One of the most significant changes under the new business tax law is the fact the corporate tax rate dropped significantly. In year’s past, the corporate tax rate was 35 percent. Under the new tax code, the rate is 21 percent. This is a significant change that could impact how businesses conduct business. Retaining more of their profits could allow small business owners to invest in growth that would not have been possible before this year. <br></p>



<p>If you are a young entrepreneur who has recently started a company, you may not see any drastic changes quite yet because, if nothing else, many startups are not profitable in their first few years. But, the new tax code will be in place for at least the next decade. Factoring this rate into your business decisions could alter your long-term strategy. <br></p>



<p>Lastly, the fact that the corporate rate was reduced could impact how new business owners could choose to register their company. For instance, many small business owners elect to register as an <a href="https://domyllc.com/llc/">LLC</a>, which allows for pass-through taxation. However, any individual income earned more than $38,700 is taxed at a 22 percent rate. <br></p>



<p>So, some new business owners may find it more beneficial to form their company as a <a href="https://domyllc.com/c-corp/">C-Corporation</a> rather than an <a href="https://domyllc.com/llc/">LLC </a>because the tax rate is lower. Each individual’s situation could vary, and owners will want to consider dynamics such as double taxation. We recommend talking with an accountant or similar tax expert who can advise on which formation strategy is best. That’s because, as you’ll see in the section below, there are some new perks for <a href="https://domyllc.com/llc/">LLC </a>and <a href="https://domyllc.com/s-corp/">S-Corp</a> owners as well. <br></p>



<h2 class="wp-block-heading"><em>Some S-Corporations And LLCs Could Be Eligible For A Reduced Tax Rate </em><br></h2>



<p>Under the new tax code, <a href="https://domyllc.com/s-corp/">S-Corporation</a> and <a href="https://domyllc.com/llc/">LLC </a>owners could qualify for a 20 percent deduction on “any income attributable to the entity.” However, the company must not be listed on a particular exclusions list. Generally speaking, any company whose sells to customers based on the reputation of the owner is excluded from this deduction. For instance, a small coffee shop would be eligible for the deduction but “Jane Doe’s Consulting” or “John B’s Financial Advice” would not. Excluded services and entities include: <br></p>



<ul class="wp-block-list"><li>Health companies </li><li>Consulting services</li><li>Law </li><li>Financial services</li><li>Athletics </li><li>Brokerage service industries</li></ul>



<p>However, if the taxable income for an owner is less than $157,500 for single filers or $315,000 for joint filers after pass-through, they can still take the deduction. No one, regardless of the industry in which they work, can take the 20 percent deduction if income exceeds $207,500 for single filers or $415,000 for joint filers. <br></p>



<h2 class="wp-block-heading"><em>There Is No More Alternative Minimum Tax </em><br></h2>



<p>In the past, the alternative minimum tax was a significant part of corporate taxation. Those who made more than the AMT exemption amount were required to calculate their taxes twice. Prior to the new law, five million Americans were impacted. Now, only an estimated 200,000 tax filers will be affected. Additionally, there is no longer an AMT for <a href="https://domyllc.com/c-corp/">corporations</a>. Contact your tax professional to see if you could potentially be someone impacted by the AMT. <br></p>



<h2 class="wp-block-heading"><em>Equipment Depreciates Faster </em><br></h2>



<p>If you’re a small business owner who purchases expensive equipment for your company, you could be in luck thanks to the fact that the new tax code increases the rate at which items depreciate. Under the former law, business owners were required to amortize the cost of equipment over the useful life of the asset. <br></p>



<p>Under the new law, owners can fully deduct up to 1 million in equipment in the year in which the company purchased it. Those who have current tax liabilities and substantial fixed asset costs will benefit most from this change. The depreciation of assets is only in effect over the next five years, as it will phase out after 2022. Until then, business owners will find that they can expense nearly twice as much as they could previously. &nbsp;<br></p>



<h2 class="wp-block-heading"><em>Owners Can No Longer Expense Transportation And Entertainment </em><br></h2>



<p>If you’re a small business owner who frequently treated clients to concerts and sporting events, we have bad news for you. Whereas you could deduct these expenses in the past, you can no longer deduct them from your taxes. Your meals, however, remain 50 percent deductible, just as they were in the past. Additionally, owners can no longer deduct travel to and from work. This also includes bicycle commuting reimbursements, which were formerly allowed. <br></p>



<h2 class="wp-block-heading"><em>Family-Paid-Leave Credit </em><br></h2>



<p>If you’re an employer who provides your employees with paid medical or family leave, you could benefit from a deduction over the next two years. In 2018 and 2019, employers can deduct up to 12.5 percent of the wages they pay during this time. Additionally, those employers who pay employees more than half of their regular salaries are eligible for an even larger credit. <br></p>



<p>Many stipulations determine who is eligible for this program, however. For instance, if an employee’s total wages exceed $72,000, employers will not be able to take the credit. Additionally, the policy that declares paid medical and family leave must be written in a document such as the Employee Handbook. &nbsp;<br></p>



<h2 class="wp-block-heading"><em>Consult A Tax Expert </em><br></h2>



<p>Taxes are already tricky for small business owners, but they will become much more challenging this year because of new regulations. We highly recommend that business owners contact a trusted tax professional to help guide them through the process. Licensed professionals can help maximize your return and profits, allowing you to invest more money in your company. They’ll also ensure you remain compliant with the new regulations which were put in place. <br></p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/tax-tips-how-will-the-new-business-tax-law-impact-small-businesses/">Tax Tips: How Will the New Business Tax Law Impact Small Businesses</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>Flying Solo: Opening Your Own Firm</title>
		<link>https://domyllc.com/articles/law/flying-solo-opening-your-own-firm/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Mon, 22 Oct 2012 21:16:44 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://bigfishsmallbowl.com/?p=471</guid>

					<description><![CDATA[<p>Flying Solo Opening Your Own Firm- an Interview with Charles Smith Many lawyers in their final year of law school set their sights on landing a dream job in a famous law firm. That has been the rule rather than the exception for decades, although recently, a new trend has emerged and more law graduates..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/flying-solo-opening-your-own-firm/">Flying Solo: Opening Your Own Firm</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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										<content:encoded><![CDATA[<h2><span style="font-family: Calibri, serif;"><strong>Flying Solo Opening Your Own Firm- an Interview with Charles Smith</strong></span></h2>
<p><span style="font-family: Calibri, serif;">Many lawyers in their final year of law school set their sights on landing a dream job in a famous law firm. That has been the rule rather than the exception for decades, although recently, a new trend has emerged and more law graduates are preparing to fly solo. In the lean years around the time of the Great Recession, the main reason for this was that the economic slowdown meant fewer jobs available. The number of law graduates opening their own firms increased from 3.5% in 2008 to 5.5% in 2009, the greatest increase since 1982. </span></p>
<p><span style="font-family: Calibri, serif;">But there is another explanation for this development. Even with the economy on more stable footing than it was during the recession, young lawyers aren’t opening their own firms because of a lack of jobs, but because they want to be free agents. With advances in technology, it has never been easier to be self-employed, and many law graduates are looking for the independence and flexibility of working for themselves and their clients. </span></p>
<p><a name="id.gjdgxs"></a> <span style="font-family: Calibri, serif;">However, as with any small business ventures, the transition is not easy and success is not guaranteed. Charles Smith of Charles Stanford Smith Law of Brooklyn, New York explains what is involved in opening one’s own firm.</span></p>
<h2><span style="font-family: Calibri, serif;"><strong>When should a lawyer join a firm and when should he/she decide to go it solo?</strong></span></h2>
<p><span style="font-family: Calibri, serif;"><strong>Charles Smith: </strong></span><span style="font-family: Calibri, serif;">While this is a very personal decision, in my opinion, the major factors are area of practice, opportunity and lifestyle. There are a variety of paths that a lawyer can choose for his or her career. Many lawyers join firms in order to gain experience and then determine the area in which they wish to practice. Many lawyers also work in-house or for the government when beginning their careers. Working as an Assistant General Counsel at the New York City Department of Probation allowed me to obtain courtroom experience at an early stage in my career and reinforced my desire to become a criminal defense attorney. My practice is focused on criminal defense, because I want to help others while fulfilling an integral role in a system where every individual charged with a crime is entitled to a competent and zealous defense attorney.</span></p>
<h2><span style="font-family: Calibri, serif;"><strong>Do uncertainties about the economy make the decision to start a law firm risky?</strong></span></h2>
<p><span style="font-family: Calibri, serif;"><strong>CS: </strong></span><span style="font-family: Calibri, serif;">This depends upon the area of practice. Some areas, like criminal law, are not as dependent upon the economy as others, like corporate law. Also, in an uncertain economy, clients are looking for better deals, and lawyers have to be willing to negotiate and adapt to the changing economic environment. In my opinion, having a smaller firm is an advantage in difficult economic times, because I have much more flexibility than a larger firm.</span></p>
<h2><span style="font-family: Calibri, serif;"><strong>Describe what a lawyer needs to consider and what is involved in setting up a law practice? </strong></span></h2>
<p><span style="font-family: Calibri, serif;"><strong>CS: </strong></span><span style="font-family: Calibri, serif;">There are an infinite number of things to consider when setting up a law practice. Countless books and articles have been dedicated to the topic, and there is no set formula. I recommend doing lots of research and reading as much as possible before setting up a firm. Other attorneys who have gone out on their own have been a great resource for me throughout this process. Ideally a lawyer setting up a new business will already have some existing clients or contacts from a previous firm. The lawyer must then choose a business entity, develop a business plan focusing on their specific area of practice, and make sure he or she has enough money set aside for personal expenses in addition to the initial start-up costs of the firm, investigate office space and other overhead expenses. Once these initial steps are taken, then it&#8217;s time to network and hustle. A solo lawyer always has to be selling themselves to potential new clients, and there is no better person to sell your services to than yourself. Finally, maintaining a strong client base is extremely important to consider. Having your own practice requires constantly generating new business and the best way to do this is having satisfied clients refer new clients to you.</span></p>
<h2><span style="font-family: Calibri, serif;"><strong>What should lawyers consider in terms of finding clients, how much to charge, how to collect?</strong></span></h2>
<p><span style="font-family: Calibri, serif;"><strong>CS: </strong></span><span style="font-family: Calibri, serif;">Finding clients is one of the most challenging aspects of having a law firm. Networking with other lawyers and professionals within your existing network is a great way to find clients. Advertising and using social media effectively is another excellent way to find clients. Setting fees is a difficult area, but simply asking a number of peers is a great starting point. Technology enables lawyers to collect fees via online payments and keep track of accounts much more easily today than ever before. However, a lawyer must make clear to clients that payments must be made promptly. Always getting money upfront in the form of a retainer is a great way to avoid billing issues. Also, providing clear engagement letters that make clients aware of all details of the representation helps to avoid any misunderstandings in the future. Finally, staying within the confines of the ethical rules is supremely important. Many bar associations have advice on their websites and some even have hot lines for questions regarding ethical rules. The <a href="https://nysba.org/">New York State Bar Association</a> has an ethics app that I use whenever I have a question and am not in the office or a near a computer.</span></p>
<h2><span style="font-family: Calibri, serif;"><strong>What’s the final word you would want to part with for someone thinking about opening their own office?</strong></span></h2>
<p><span style="font-family: Calibri, serif;"><strong>CS: </strong></span><span style="font-family: Calibri, serif;">Having <a href="https://domyllc.com/contact/">your own business</a> is not for everyone. But for those who want to be their own boss and do something that they love, there is no better way to practice law. </span></p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/flying-solo-opening-your-own-firm/">Flying Solo: Opening Your Own Firm</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>How I Cut Down on Paperwork In My Company</title>
		<link>https://domyllc.com/articles/law/how-i-cut-down-on-paperwork-my-company/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Tue, 02 Oct 2012 23:22:49 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://bigfishsmallbowl.com/?p=412</guid>

					<description><![CDATA[<p>Paperwork has always been a challenge for me. Whether balancing my checkbook or turning in a travel receipt for reimbursement at the office, I used to struggle to keep track of all the files I needed. I used to feel overwhelmed by the mountains of forms and papers I needed for my office work, to..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/how-i-cut-down-on-paperwork-my-company/">How I Cut Down on Paperwork In My Company</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-size: inherit;">Paperwork has always been a challenge for me. Whether balancing my checkbook or turning in a travel receipt for reimbursement at the office, I used to struggle to keep track of all the files I needed. I used to feel overwhelmed by the mountains of forms and papers I needed for my office work, to the point I avoided filling them out for as long as possible. I wish I could cut down on paperwork.</span></p>
<p>After I took the chance to form my own business, though, I had to face my issues and overcome them. There was so much at stake in running my own company I couldn’t afford to put off the paperwork. Luckily, I’ve found a variety of applications to track my files and eliminate most of that tricky paperwork that used to give me trouble. Here are a few tools that have helped make my job easier and my business a success by helping to cut down on paperwork.</p>
<h2><strong>Shoeboxed</strong></h2>
<p>Receipts were always one of the trickiest things for me to file and track. Those little paper slips made my life difficult until I discovered&nbsp;Shoeboxed. This service helps me scan my receipts and into digital formats so I can better track my expenses. The data is simple to track and I don’t have to panic at tax time. You can send them your receipts in a prepaid envelope or scan them directly to the company. I’ve reduced my desk clutter and kept my books balanced thanks to this service.</p>
<h2><strong>Payroll</strong></h2>
<p>I’ve got a great team working with me on my company, but payroll used to be a nightmare. I want to take good care of my employees, so rather than deal with the mess of paperwork myself I outsourced my company payroll to&nbsp;Paycor. The company automatically calculates tax liabilities and runs my payroll each month, so I can pay my team without worry. Their digital reports also make my life easier when I file my taxes each year.</p>
<h2><strong>Electronic forms</strong></h2>
<p>Just getting my business off the ground required so much paperwork I got discouraged. Thankfully, most forms can be filled out and submitted digitally now. My employees each have an e-signature for their health insurance and other benefit forms and I file my taxes and reports electronically. Even if a form needs to be submitted in print, I fill it out on my computer to make sure I don’t miss a field.</p>
<h2><strong>Freshbooks</strong></h2>
<p>My small business has some big clients – the sort who sometime “misplace” invoices. I used to struggle to pay my employees when my cash flow slowed down. Luckily, I found&nbsp;Freshbooks&nbsp;to track my company’s hours and invoice our clients. This cloud program delivers invoices to my clients more quickly than print mail and let me tracks my accounts quickly and easily. I can track my records and past invoices by client too.</p>
<h2><strong>Evernote</strong></h2>
<p>My desk used to be a mess, full of scratch paper and notebooks full of ideas. I could never remember which notebook I needed for which meeting. I know I lost some good ideas on scratch paper I accidentally threw away. <a href="https://evernote.com">Evernote</a> helps me track my ideas and inspiration wherever I am. I can clip webpages, documents and images into one file and access them from my computer, tablet and cell phone. Best of all, everything I save in Evernote is searchable, so I can always find exactly what I&#8217;m looking for. This program has saved me on more than one occasion and it has definitely saved my desk.</p>
<p>Even though I used to be terrified of paperwork, putting in some time and research to eliminate it has paid off for me. There are so many different services and applications available that can help you eliminate paperwork, you have nothing to lose except for receipts. A little research and a few free trials helped me find a method to cut down on paperwork and focus on <a href="https://domyllc.com/contact/">growing my business</a>. The same can work for you.</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/how-i-cut-down-on-paperwork-my-company/">How I Cut Down on Paperwork In My Company</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>3 Simple Ways to Find Out Whether You Are Due for a Tax Rebate</title>
		<link>https://domyllc.com/articles/law/3-simple-ways-to-find-out-whether-you-are-due-for-a-tax-rebate/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Wed, 02 May 2012 02:00:26 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://suitsandladders.co.uk/?p=214</guid>

					<description><![CDATA[<p>Thousands of people in the UK every year are paying more money than they should be in taxes. Sometimes, HMRC will notice and will issue you with a rebate, but this is very rare. Instead, it&#8217;s more likely that unless you keep a track of the tax you are paying, you&#8217;ll never get back overpaid..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/3-simple-ways-to-find-out-whether-you-are-due-for-a-tax-rebate/">3 Simple Ways to Find Out Whether You Are Due for a Tax Rebate</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Thousands of people in the UK every year are paying more money than they should be in taxes. Sometimes, HMRC will notice and will issue you with a rebate, but this is very rare. Instead, it&#8217;s more likely that unless you keep a track of the tax you are paying, you&#8217;ll never get back overpaid taxes.</p>
<h2>Are You Due A Tax Rebate?</h2>
<p>To help you be more proactive with checking your taxes, here are three simple ways you can find out if you&#8217;ve overpaid on tax (which means you could be eligible for a rebate.)</p>
<p><span id="more-1619"></span></p>
<ol>
<li><strong>Check your tax code.</strong> The main cause of overpaid taxes is an incorrect tax code. This can happen for many reasons but it is important that you check it. As a general rule of thumb, for the 2012/13 tax year, your tax code should be 801L for under 65&#8217;s 1050P for people aged 65-74 (assuming income is less than £24,000) and 1066Y for people aged 75+ (again, assuming income of less than £24,000). If this isn&#8217;t correct, contact the tax office immediately so that they can look into it.</li>
<li><strong>Use a tax calculator.</strong> You can use a simple online tax calculator like How Much Tax Will I Pay to work out how much you should be paying. Do it with and without your tax code and make sure you complete all the relevant fields like pension contribution, whether you have a student loan/are blind/don&#8217;t pay National Insurance etc. Do it without entering your tax code and see how much you should be paying in tax and if it&#8217;s wrong, you have a strong case to take to HMRC.</li>
<li><strong>Check your P60.</strong> Once you have your results from an online calculator, you can compare the total tax you <em>should have paid</em> to the amount you actually did pay on your P60. If there is a discrepancy, contact HMRC and make sure to send them any documentation or evidence to back up your claims.</li>
</ol>
<p>These three simple steps should be more than enough for you to figure out whether you&#8217;ve been overcharged by the taxman and you can usually expect a response and decision back from them within 6-8 weeks.</p>
<p>Also, be wary of firms offering to claim back the tax on your behalf as they will be profiting off you by taking a cut. You can easily do it yourself and, in theory, you could claim for overpaid tax as far back as 2003 &#8211; which could result in quite a <a href="https://domyllc.com/contact/">large rebate cheque.</a></p>
<p><em>Ian is a tax geek who built How Much Tax Will I Pay to help people check their wages to make sure they are paying the right amount of tax. If you have any feature suggestions or bug reports, you can contact him on <a href="http://Twitter.com">Twitter</a>.</em></p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/3-simple-ways-to-find-out-whether-you-are-due-for-a-tax-rebate/">3 Simple Ways to Find Out Whether You Are Due for a Tax Rebate</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>The truth about filing for Chapter 11, Chapter 7, and Chapter 13</title>
		<link>https://domyllc.com/articles/law/bankruptcy-law/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Sun, 11 Sep 2011 11:51:13 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://bigfishsmallbowl.com/?p=56</guid>

					<description><![CDATA[<p>There are many misconceptions about filing for bankruptcy, a lot of myths and fears surround the daunting concept of declaring that you have to declare bankruptcy and throw in the towel&#8230; so to speak. Filing for Chapter 11, 13, or 7 Is Not the End A lot of people will speak about the exorbitant costs..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/bankruptcy-law/">The truth about filing for Chapter 11, Chapter 7, and Chapter 13</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>There are many misconceptions about filing for bankruptcy, a lot of myths and fears surround the daunting concept of declaring that you have to declare bankruptcy and throw in the towel&#8230; so to speak.</p>
<h2>Filing for Chapter 11, 13, or 7 Is Not the End</h2>
<p>A lot of people will speak about the exorbitant costs of acquiring a <a href="https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics">bankruptcy</a> attorney when actually filing or chapter 11, 13, or 7. But the truth of the matter is, the cost of filing for an Attorney is no more extreme than the monumental expenses that you can incur from unpaid debts in the form of accrued interest rates and credit debt. The staggering percentages that can mount up over time when you don&#8217;t pay your debts alone are enough to encourage anyone to seek financial advice from a qualified bankruptcy attorney.</p>
<p>Nebraska has been experiencing a small business boom over the past decade like many states. And the task of fining a qualified Nebraska Bankruptcy attorney has become all the more difficult given the fact that so many people are filing and being misled by rumors of the danger of bankruptcy filing.</p>
<p>The Truth of the matter is, for small business owners who have found themselves fallen on hard times for one reason or another, the sensible option at some point is to file for bankruptcy and relive yourself from the staggering weight of massive credit debt that one can build up over time when running a small business. After all, you have enough to worry about when you&#8217;re actually making money&#8230;when you aren&#8217;t making any, life becomes significantly more complicated. Filing for bankruptcy is the logical conclusion to a natural business failure. <a href="https://domyllc.com/contact/">Small business</a> models don&#8217;t always work, and the smart business move at that point is to recognize a bad investment, and simply cut your losses by filing for chapter 11, chapter 13, or chapter 7.</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/bankruptcy-law/">The truth about filing for Chapter 11, Chapter 7, and Chapter 13</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>First Steps Before Service Level Agreements</title>
		<link>https://domyllc.com/articles/law/service-level-agreements/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Sun, 04 Sep 2011 08:28:02 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://bigfishsmallbowl.com/?p=86</guid>

					<description><![CDATA[<p>The success or failure of service level agreements depends on clear language and establishing reasonable expectations and effective metrics. Putting together the right SLA is obviously in the best interests of the both the service provider and the customer, whether it deals with a basic contract between an ISP and a homeowner, or some other..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/service-level-agreements/">First Steps Before Service Level Agreements</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The success or failure of service level agreements depends on clear language and establishing reasonable expectations and effective metrics. Putting together the right SLA is obviously in the best interests of the both the service provider and the customer, whether it deals with a basic contract between an ISP and a homeowner, or some other service provider not even in the IT sector. There are simple steps to ensure that service level agreements best practices are followed, but beyond those basics it is important to get the legal advice of an attorney who is an expert is the sector whether it be technology law or any other practice, and in the client’s business model to ensure that needs are met and minimize risk.</p>
<p>Both the customer and the service provider should take it as their responsibility to ensure that they implement best practices in the SLA during their communication and in the final document, whether it is legally binding or not – as in the case of internal OLAs. First, it is important to clearly state the services to be rendered, in terms of type, frequency, purpose, quality, and timeframe. This language is important as it establishes an understanding of exactly what will be measured by the SLA. Then, explicitly state what metrics will be used to measure that service. For example, a network service provider may be bound to keep the system and all of its nodes available during business hours. In that case, does a computer that boots up and has access to the internet and intra-net signify compliance or are the network’s speed and performance as well as the efficient functioning of remote databases also necessary? Similarly, when outages in service occur, whether the SLA is technology law-based or not, what is an acceptable recovery time?</p>
<p>These measurement questions in service level agreements should also discuss the measurement period, how performance will be reported, response channels, and performance percentages. The last components to be discussed in an SLA should be whether or not service level targets will change over time and whether there will be possible credits for the customer based on failures and bonuses to the provider based on exceptional performance levels. These are often the details that set the tone of the final deal, because they fine-tune the exact position each party wants to be in after the initial points of the agreement are hammered out.</p>
<p>If both the provider and customer begin negotiations with a clear set of priorities based on these essential elements of service level agreements, and they work in good faith to implement best practices for a mutually beneficial deal, then risk management and legal assistance becomes far less likely, which is the ultimate goal in most cases.</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/service-level-agreements/">First Steps Before Service Level Agreements</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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		<title>Five Essential Things You Should Understand About Copyright Law</title>
		<link>https://domyllc.com/articles/law/five-essential-things-should-understand-about-copyright-law/</link>
		
		<dc:creator><![CDATA[DoMyLLC]]></dc:creator>
		<pubDate>Sat, 20 Aug 2011 08:00:49 +0000</pubDate>
				<category><![CDATA[Law]]></category>
		<guid isPermaLink="false">http://ghostofreagan.com/?p=275</guid>

					<description><![CDATA[<p>As all writers, artists, and other creative types know, copyright law is essential to protecting their work from misuse or appropriation. While the internet can be a magnificent tool for sharing our work and finding an audience, it also leaves us more vulnerable to plagiarism. While the more complicated copyright issues will require an attorney..</p>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/five-essential-things-should-understand-about-copyright-law/">Five Essential Things You Should Understand About Copyright Law</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>As all writers, artists, and other creative types know, <strong>copyright law</strong> is essential to protecting their work from misuse or appropriation. While the internet can be a magnificent tool for sharing our work and finding an audience, it also leaves us more vulnerable to plagiarism. While the more complicated copyright issues will require an attorney who is a <strong>copyright law specialist</strong>, there are some basic things you should understand about copyright law as it applies to <a href="https://domyllc.com/contact/">technology law.</a></p>
<ol>
<li>
<h2><strong>The definition of copyright</strong>.</h2>
<p>The United States defines a copyright as, “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.” A copyright provides the owner exclusive rights to reproduce, adapt, perform, display, and profit from the work. Copyright protects the <span style="text-decoration: underline;">expression</span> of an idea in a variety of mediums including but not limited to writing, illustrations, movies, songs, and technology law. Copyright does not, however, protect ideas themselves. Certain ideas, methods, and discoveries may be eligible for a trademark or patent, but copyright concerns itself solely with the original expression of those things.</li>
<li>
<h2><strong>Obtaining copyright protection</strong>.</h2>
<p>The moment you create anything in “a tangible form that it is perceptible either directly or with the aid of a machine or device,” your copyright protection begins. Simply put, once you have written, recorded, illustrated, or documented your work, you establish ownership of that work. Since 1989, it is no longer required by law to include a notice of copyright, but it is strongly recommended. Depending on the medium and its publication status a notice of copyright is signified in the following ways:<br />
–For published, “visually perceptible” works: © <em>2011 Jane Doe<br />
</em>–For published sound recordings: <strong>? </strong><em>2011 Jane Doe</em><br />
–For unpublished works: Unpublished © <em>2011 Jane Doe </em>or Unpublished <strong>? </strong><em>2011 Jane Doe</em>If you want the full protection that <a href="https://www.copyright.gov/help/faq/faq-protect.html">copyright</a> law provides, however, you should register your work with your government’s copyright agency. In the United States, the application itself is relatively easy and the fee is nominal, though it may take some time before you</li>
</ol>
<p>The post <a rel="nofollow" href="https://domyllc.com/articles/law/five-essential-things-should-understand-about-copyright-law/">Five Essential Things You Should Understand About Copyright Law</a> appeared first on <a rel="nofollow" href="https://domyllc.com">DoMyLLC.com</a>.</p>
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