Buried deep in the (literally) thousands of pages in The Dodd-Frank Wall Street Reform and Consumer Protection Act are changes to Regulation D and the accredited investor definition. Currently, individuals are accredited investors if either: their net income exceeded $200,000, or joint net income with their spouse exceeded $300,000, in the two most recent years…

When considering how much money you will need to fund a special needs trust, you may wish to consider items that will offer your child a better quality of life. Government benefits are designed to provide basic food and shelter, but they will not offer your child any of the extras he is used to.…

The purpose of an operating agreement is to establish the rights, powers, duties, liabilities, and obligations of the members between themselves and with respect to the LLC. An operating agreement aids your LLC by guarding your limited liability status, heading off financial or management misunderstandings, and making sure your business is governed by the rules…

If you plan to acquire a business through a merger, you will need to conduct an in-depth investigation of that business before proceeding with the transaction. This process is called due diligence, and it often requires careful review of documents by a corporate attorney. By conducting due diligence on the target business, you will gain…

When setting up your business, you should choose your structure carefully, as whichever structure you choose will have profound implications for taxes, regulatory restrictions, finance considerations, and other legal issues. Two of the most common business structures are corporations and LLCs. Corporations are considered legal entities of their own, separate from the business owner who…

A child with special needs deserves a parent’s continued stewardship and guidance, even if the parent becomes incapacitated or passes away, and the following estate planning documents are key to ensuring the child’s security. (1) A last will and testament. (2) A general durable power of attorney (“GDPA”). This document designates an agent to act…

When you receive an inheritance, you will have to consider the effect this will have on your taxes. Your inheritance may incur liability for property taxes or increase your own estate so that it will be subject to estate taxes. While you are not required to pay income tax on the principal inheritance, you will have to pay income tax on the income generated by the inherited funds. Especially if the inheritance is substantial, you may want to consult an estate planning attorney to discuss the tax implications.

When conducting a private placement offering, there is one essential document that companies must draft: a Private Placement Memorandum. This document outlines all of the disclosures required by law and offers investors information so that they make informed decisions about participating in the offering. A Private Placement Memorandum (PPM) outlines the terms of securities that…

When conducting mergers and acquisitions, companies should be aware of the many rights and responsibilities that accompany these processes. This is particularly important when it comes to tax liabilities. Although many people use the terms “mergers” and “acquisitions” interchangeably, the two terms have different meanings. A merger occurs when two or more companies combine to…

When a corporation needs to raise a large amount of capital, an initial public offering can be a wise course of action.  To conduct an initial public offering, a corporation’s shares are made available for purchase to the general public. Doing so provides the company with a substantial influx of cash and the opportunity to…