Posts filed under 'Legal Portal'
You’ve done your research and have decided on a business entity. You’re chomping at the bit to open a bank account and get moving. You file your corporation or LLC with the Secretary of State and wait…and wait…and wait. Just how long is this going to take?
California Filing Times
The California Secretary of State can be very slow when it comes to approving new business entities. Once you file the entity, you can sit around tapping your fingers for as long as two months. After two months, you may not even remember why you filed the darn thing! Can you avoid this time and momentum killer? YES!
The California Secretary of State offers “rush filing” options for forming business entities. The first is a 24 hour rush that ads $500 to the filing process, an expense that should really only be undertaken if you are desperate. The second option runs a whopping $15 and has a turn around time of 7 to 10 business days. Ah, so this is the way to do it, right? Nah, that would be far too easy!
For rush filings, the Secretary of State requires all filings to be made in person. If you are not located in Sacramento, this can cause a major problem. So, what do you do?
If you are creating a corporation, you can file the articles of incorporation at a branch office of the Secretary of State. Most major cities have a branch, but you can pop on to the web site for the Secretary of State and find your local branch.
If you are forming an LLC, California makes things difficult. For no logical reason, the Secretary of State doesn’t allow LLC filings to be made at branch offices. This policy makes absolutely no sense, but what are you going to do? You are going to beat the state at its own game.
Rush LLC filings must be personally filed in the Sacramento office of the Secretary of State. The policy doesn’t say WHO must personally file it. Using this loophole, you can hire an attorney delivery service in Sacramento to file and pick up the Articles of Organization for your LLC. You simply send them the articles as well as the filing and rush filing fees. You can expect to pay the attorney service an additional $50 to $75 for the service.
California is one of the worst states to do business in. The Secretary of State does everything possible to make filings a pain in the… With this information, you can turn the tables and beat them at their own game.
Richard Chapo is with http://www.sandiegobusinesslawfirm.com - providing legal services to San Diego businesses.
May 21st, 2008
..your lawfully wedded car? Ok so the jokes are bad but hows the car? well this review is about the Daewoo Captiva, an SUV with value and strength..or so they say and the competition is there - theres roughly 50 different mid range suv’s for sale in the uk across the different car brands, each with its own merits and failures. The daewoo Captiva is a good car to buy secondhand, a used daewoo captiva sets you back roughly 10k after just 18 months of useage, pretty good considering it was worth £17k on the purchase. That alone makes it a pretty viable choice for most families. Seconds up the actual car is pretty good - with a nice big boot and plenty of features that make it worth the money! All round a pretty damn good purchase.
February 18th, 2008
The divorce is finally over.
No more fighting over who gets to keep the home and other real
estate. Those leather couches, and the expensive art hanging on
the walls of your summer home. A drop in the bucket compared to
the company that both of you slaved over to build or the family
pet that made your kids so happy. The whole process almost
landed you in Bankruptcy Court. But even now, all that looks
small compared to the most important issue of all: child
custody. But hey–all of this is over. Resolved. Now you can
breathe a sigh of relief. You’ve probably been wondering about
your future - without your x. Yes, being single again definitely
has its benefits. Maybe you’re going out more, enjoying life,
and watching your diet. It’s those little things you haven’t
enjoyed in a long time that suddenly make life worth
living-again.
Most people who choose divorce and feel this kind of relief, are
-in the end–happy with the decision they made. What you both
needed was peace. And now you have it. And happy to have a new
chance to find that RIGHT special someone to build a life
together. But that’s not where the story ends. You might wake up
one day, and feel like changing your life completely. Maybe you
decide that your financial security and personal happiness are
somewhere, anywhere other than where you are right here and now.
Somewhere outside of New York you may be thinking. Maybe a
better job is waiting in another state. Maybe you have health
reasons or better yet, a new relationship. A voice deep in your
heart keeps telling you to move. So maybe you do need a new
start: to realize your dreams, to focus on your career, and to
build a new home. You have every right to want to leave the old
memories behind. But how can you do that when you see the same
places you once shared? And with someone who may have broken
your heart. So, a new opportunity and a new chance to build a
new life in a new state with new friends sounds great. Even
Newsweek lists the ten best cities to go live in. You might be
thinking that you’ll go to the web looking for info sites
detailing how to build a healthy home. Now, maybe you decided
your destiny is to live with the stars under the shining lights
of Hollywood. And well, hey at least the weather is nicer, the
water is clean and the sand is soft. Right? But what about your
fantastic plans to leave the country? If you plan on taking the
kids anywhere out of the country or even out of the state,
here’s what you need to consider.
Planning is everything.
First, leaving with your kids without permission from your x
spouse, is against the law. In fact, it’s a serious felony
called “Parental Kidnapping”. Most attorneys know very well that
the FBI works in cooperation with local law enforcement agencies
to ensure that parental kidnappers are brought to justice. They
are arrested. They are prosecuted. And they are sent to prison.
Unfortunately, some parents think more with their heart than
their minds. The result? A tragedy for everyone. Parents–no
matter how good their intentions– who get arrested for
kidnapping their own children, have to hire a criminal defense
lawyer. But wait–that’s money that could be better spent
improving your life. Not exactly what you had in mind. So how do
you take your children legally without hassles and headaches?
What does the law say?
First, if possible, get permission. If asked nicely, maybe your
x-spouse would agree to give you sole custody of your child and
eliminate the need to proceed to Court. If you obtain sole
custody this way, you do not need to read on because you are
almost home. However, if that is not possible then your former
spouse may agree on a joint custody agreement with a passport
waiver clause. Such a clause would allow you to apply for a
passport on behalf of your child without the need to consult
with your former spouse, and thereby giving you the option of
going abroad on vacation, with your child - in peace. However,
if your mission is to live with you child permanently out of
state, the custody agreement needs to say that– exactly and
clearly. In New York, the law says that barring parental
permission, a spouse or a custodial parent may take the children
out of the state by Court Order. Usually, when there’s been a
difficult relationship between both x- spouses, one spouse will
not permit the other to take the kids out of state, much less
the country. In these situations, the former spouse may try to
use your desire to move as an opportunity to get money from you.
The usual offer is that they’ll let you leave the state, if you
agree to drop all child support proceedings or any existing
child support court orders. If that happens to you, the most
logical step is to go to Court. Normally, a Family Court Judge
decides whether or not the relocation out of state with the
child would be allowed.
It’s your choice–use your voice.
Understanding the practical reasons behind the legal challenges
that you’ll face, are easier to accept when you fully appreciate
the intentions behind them. The way the law sees it, in you
taking your child outside of the state of New York, you are
effectively denying your x-spouse their visitation rights. In
turn, this basically deprives your former spouse of a meaningful
opportunity to maintain a close relationship with your kids. Now
you may say that your x-spouse is welcome to visit anytime, or
that you’ll send the child back to New York anytime that your x
wants. And in order to do this you may ultimately be prepared to
drive the kids cross state lines, both to and from your former
spouse’s home (like taking a cross-country road trip every
weekend). Maybe the fact that your move would make it much more
difficult for your former spouse to exercise their visitation
rights does not entirely dampen your desire for geographical
relocation. However, you should understand that a Court must
seriously consider the well being of the child first and
foremost. Specifically, they consider the following seven
issues: 1. Whether the move would be in the child’s best
interest. 2. Whether it is feasible for your former spouse to
make a similar move to the same state. 3. Whether your move
involves an economic hardship or necessity. (e.g. a job offer).
4. Whether your move involves a new marriage to someone who
lives in the state where you’re moving. 5. Whether you’re moving
for health and medical reasons. 6. Whether your move will
negatively impact the relationship between the child and your x.
7. Whether your former spouse has a good faith reason for
opposing the move. There’s one part of this that really isn’t
understood by most parents, is the “Best Interest Test”. This
test is the way the Courts try to understand the effect that the
move may have on any of your family relationships. In
determining what the child needs most, the Courts generally look
at many things. For example, whether your move will hurt your
child’s ties to your former spouse and the community. These
reasons are generally looked at by the Court when those ties are
very strong. So if your child has a hard time getting along with
your former spouse (and the blame is not attributed to you) then
those possibilities are not weighed as heavily.
Sample Case.
If your parents and your former spouse’s parents are also in
New York and you’re planning on moving to New Jersey, then it’s
also likely that your children will not see their grandparents
as much as they would have in the past. The quality of the
parental relationship usually suffers as a result of moving. The
same is true of your child’s relationship with their
grandparents. If your child has a hard time getting along with
their grandparents (and the Court decides is not your fault)
then you have a better case for getting Court approval for the
move. However, most judges usually have enough experience to
know when the former spouses are trying to hurt each other by
proposing or opposing a residential move. Generally, although a
Court may deny you of the right to move with the kids, most
“good faith requests” are seldom denied.
In the end, it all works out.
Ultimately, it’s the Courts who determine, with the help of your
lawyer, (and based on all of the proof you have) whether you
have proven that the welfare of your child will not be hurt by a
move.
February 18th, 2008
A will provides information about the transfer of property, ornaments or land, from the testator to his beneficiaries, after his death. Everyone, regardless of age, needs a will. Without a will people wouldn’t know where their assets would go. Writing a will is one of the most important things an individual can do in his or her lifetime. There are intestacy laws for those who do not make a will. But it is wise that the transfer of property be made in accordance with the deceased’s wishes, as expressed in the will. A high proportion of adults own assets in the form of houses, cars, shares and insurance policies.
A person who makes a will is called a testator. Testators have the option of framing their own will or engage the services of an attorney. Prior to framing a will, a testator’s objectives must be clear. An inventory of assets helps in estimating outstanding debts. A list of family members and other beneficiaries must be prepared. Testators must plan on passing their property to their heirs in the most tax-efficient manner. They may also establish a trust to provide monetary assistance to their spouse or other beneficiaries.
A witness is required to sign a copy of the will. The witness must not be a beneficiary of the will. Once the will is written, it should be stored in a safe place that is accessible to others after death. If a solicitor prepares the will, he should be given a copy with a note stating where the original copy could be found.
The death of a family member is something people wouldn’t like to foresee. However, since death is inevitable, taking practical steps like making a will, secures the future of family members.
Wills provides detailed information on Free Wills, How to Write a Will, Last Will And Testament, Living Wills and more. Wills is affiliated with Living Will Forms.
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January 4th, 2008
Montana Child Support
How do you know if you qualify for child support? Child support is available to all single parents in need of financial assistance from the non-custodial parent. In order to receive child support services, you must first fill out an application with the state of Montana. When apply for child support, there will be a non-refundable application fee. The state will then locate and notify the non-custodial parent. If the allege father denies any claims of the child, you are able to have a paternity test performed. If you or the non-custodial parent do not reside in the state of Montana, you may still qualify for assistance.
There are several different services that are available when applying for Montana child support. For Instance, you have financial support and medical support available to you when applying for child support services. In the state of Montana, child support cases must be modified every several years. The reason for the modifications is to keep up with the non-custodial parent’s pay. If the parent receives a raise or any promotions, the Montana child support must modify to see if the child support payments need to be raised. The opposite happens when the non-custodial parent takes a cut in pay or loses their job. When applying for child support, you will also receive medical coverage for your child/children from the non-custodial parent. The non-custodial parent is required to provide medical assistance and is factored in to the amount of child support that is paid.
Montana child support enforcement ensures that a non-custodial parent pays child support on a regular basis. There are many methods to enforcing child support, here are a few of those methods: seizure of cash assets, passport denials, and tax refund interceptions. There are many more methods that will be enforced if the non-custodial parent refuses to pay child support.
In today’s time there many children who are raised with only one parent. Assistance from the non-custodial parents must be provided in order for the child/children to live a decent life. As a parent you must located and establish paternity so that the courts can order child support from the other parent. Because with support from the other parent, you will be sure that your child will live a life that they deserve.
For more information on Montana child support please click the links below.
http://www.child-support-laws-state-by-state.com/montana-child-support.html
http://www.child-support-laws-state-by-state.com
December 10th, 2007
Do you have a lucky hat?
It was a beautiful warm day in the mid 70’s. Typical of what we get in Colorado during September. I started out by checking the stream flows on the stream flows page at fly-fishing-colorado.com. The South Platte below Cheesman Dam was just perfect running 250 CFS. The water should be clear and not too much moss yet.
I was fishing the bridge pool where CO 67 and a Jeffco Highway come together. The water was crystal clear. The pool had just enough moss in it to offer fish protection and challenging fishing for the fisherman. After two hours, I had only had a couple of strikes but could not get hooked up.
So I headed to the car for my secret weapon. The "Lucky Hat" or in my case "Lucky Cap". Mine is old and dirty. I purchased it in 1990 on a trip to Cancun, Mexico. How long it has been my lucky cap, I rightly can’t remember. Probably some 12 years or so. It has a logo on the front that says "Hard Rock Cafe". It is not even a fishing cap. Yet when I wear it, I almost always catch fish.
Armed now with my fish catcher, I headed back to the pool. On the way, I noticed a hatch of very small insects coming off. Letting one land on my hand, I examined it. It was a baetis hatch getting started.
Hurriedly, I clipped off the RS2 from the 7X dropper and tied on a 24 baetis I had purchased on a recent San Juan River, New Mexico trip.
Wading carefully to my casting position behind a medium rock, I dropped the two fly rig into one of the runs feeding the pool. The currents swirled the fly into the depths of the pool and by some big rocks in the middle. Then out into the faster currents at the tail of the pool.
Nothing this cast. Repeating this same drift pattern for the third time, I felt a solid strike and raised my rod to set the hook. After a good 5 minutes of fun, this beautiful rainbow came to my net.
A couple of casts later, I hooked up with a really nice brown. This one was 10 plus minutes of fun before netting.
During the next hour, I caught and released 3 more bows on my #24 baetis out of the bridge pool before the hatch tapered off. Switching back to the standard rig I usually fish. (A #16 flashback, gold ribbed, bead head hare’s ear upper and a #18 or #20 gray RS2 dropper on 7X tippet) I fished the west bank downstream from the bridge. After catching and releasing a couple more fat 15 or 16 inch rainbows, I headed upstream toward Deckers, CO; stopping a mile below to fish. This is one of my favorite areas of the S. Platte. Often it will be crowded but today there were only a couple of other fishermen upstream from me. I fished a couple of small pools, while wading toward a main pool farther out. I caught and released a couple of small 12 inch bows from these pools. At the larger pool, I added more weight to get closer to the bottom. This pool is deep even at 250 CFS. About 10 minutes later, the line stopped dead half way through my drift. I knew that a good fish was on. Raising the rod, the battle started. After ten minutes, the fish was still racing up and down the pool. Finally I got his head to break water. Thinking I had won the battle, I put too much pressure on. With a pop of broken tippet, the fish disappeared into the depths of the pool.
That was the last fish of the day. But my tally was nine very nice fish for a day on the S. Platte. I had fished the S. Platte off and on for many seasons. This was my best day on the Platte.
I had worn my "Lucky Cap" a lot that 2000 season. The 2000 season was my best ever with over 425 fish hooked and released.
Was that cap responsible? Of course not! Such a thing would be superstitious. "Right!" All I know is that I seldom get skunked when that cap sits on my head. Probably I pay more attention to my drifts and to fishing conditions when I wear my Lucky Cap.
It just couldn’t be that cap! Could it?
If you don’t have a Lucky Cap or Hat maybe you should.
Tight Lines and Good Fishing,
Marshall Estes, editor
www.fly-fishing-colorado.com
Colorado Fly Fishing Tips
copyright 2004 Marshall Estes
Marshall Estes , editor Colorado Fly Fishing Tips has been a fly fishing and fly tying enthusiast for over 30 years. Check out our other issues at http://www.fly-fishing-colorado.com.
editor@fly-fishing-colorado.com
November 30th, 2007
Now usually I wouldn’t bother with life insurance but recently I have been very accident prone. Last week I had a car crash in which I narrowly averted death and already this week I have injured my back and nearly been run over by a passing trucker. So I suppose more than ever life insurance is required.
So I went to my local insurance broker to see what he could offer me but he said he doesn’t do term life insurance which is what I had planned on using to cover my next 20 years or so of mishaps. Needless to say I am now looking online for some quality life insurance - Guess with my luck with cars I should probably get some better car insurance too!!!! Its been one hell of a strange week I can tell you that!
November 15th, 2007
Do you know IP? Intellectual Property can worth millions nowaday.
You can have a brand, a patent, a trademark… they are intangible asset for your company.
If you like to have a one stop shop to know everything you need, well, here’s the site you cannot miss:
http://www.ipwatchdog.com/
They cover every aspsects you need to know about IP or intellectual property. If you are meeting up your boss to discuss about IP, here’s your crash course, read the website tonight, and I am sure you will impress your boss with the knowledge you pick up.
Intellectual Property
August 22nd, 2007
It’s not your fault if you foreclosure is staring you in the face right now. After all it’s that mortgage broker guy’s fault. He recommended that 2 year adjustable mortgage in the first place. No, wait a minute; it’s the lender’s fault for even offering these self-destructive loans. They were just setting me up for foreclosure with no way to go about avoiding foreclosure.
In the end, I know that the fault is mine and mine alone. Now what to do? First things first, understand that foreclosures are stopped all day every day. You are not helpless there are many strategies you can employ to stop your foreclosure and even terminate a pending auction.
Of the 100 thousand plus families that will face foreclosure this month a large percentage can avoid foreclosure and put all back in order. Instead they will make terrible decisions as one is want to do when under pressure. Avoiding foreclosure is very possible if you know your rights. Make it a point to know your rights!
July 27th, 2007
The year 2005 was a tough one for Houston—the Houston Astros did poorly in the World Series, and increasing numbers of Houston residents have had to file for bankruptcy. If you are one of these, then you should hire a good bankruptcy lawyer who can support you in court. They will guide you through the maze of bureaucracy involved in filing for bankruptcy, and ensure that you will be financially protected from seizures, foreclosures, adverse debt situations, and so on.
The majority of Houston’s residents are in debt and seeking the help of bankruptcy lawyers who can navigate them through this lean patch. This has led to many bankruptcy lawyers in the market, but it is advisable to do research before choosing one. Make sure that your bankruptcy lawyer has a good track record and is capable enough to fight your case well. Houston’s bankruptcy lawyers can tell you many sad stories of people buried under piled up debt.
The lawyers can guide you well before filing your bankruptcy lawsuit. If you feel that very soon you are going to go bankrupt then get in touch with a bankruptcy lawyer before it’s too late. It has been seen that Houston bankruptcy lawyers are very smart in presenting your case with total conviction and strength. Choose a lawyer who has excelled in this field and can help you recover from the mounted debt so that you can restart your life. So if you are buried under debt then just contact Houston’s best bankruptcy lawyer for further guidance.
Houston Lawyers provides detailed information on Houston Bankruptcy Lawyers, Houston Criminal Lawyers, Houston Divorce Lawyers, Houston DWI Lawyers and more. Houston Lawyers is affiliated with Houston DWI Arrests.
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June 3rd, 2007
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