Buying a Business – First Time Commercial Owners in Florida

buying-a-businessThinking about buying a business and becoming a first time commercial owner in Florida? Look no further than Reinfeld & Cabrera, P.A. as we have put together a quick guide of basic advice and information that you will need when buying a business and becoming a first time commercial owner in Florida.

The Florida Business Corporation Act (FBCA) is massive legal ‘instruction manual’ that many first time commercial business owners in Florida find confusing at best. Add to this the Sarbanes–Oxley Act (SOX), and buying a business and becoming a first time commercial owner begins to look more than overwhelming.

To put your mind at ease leave the complicated legal jargon to professionals like Reinfeld & Cabrera, P.A. and take a look at the top tips that many first time commercial business owners in Florida wish they had known before buying a business.

  1. Select and prioritize: Managing multiple business enterprises at once will inhibit your effectiveness and productivity. Focus on one thing, perfect it, and build on that.
  2. Do what you love: A business developed around something that you are personally interested in will stand a greater chance of success. Maximize on your strengths and talents. You will shine.
  3. Be concise in your pitch: 
Always be ready to pitch your business. However keep it to the point and remember less is more.
  4. Do not be a know-it-all: Know where your knowledge lacks and revert to advisors and mentors who will fill in the gaps and assist you in becoming a better businessman.
  5. Be frugal: Learn to manage your cash flow effectively. Consult with mentors and advisors. Make sure you have a handle on your expenses and income.
  6. There is no such thing as the perfect plan: Making mistakes are all part of the adventure. The ability to learn from your mistakes is what will mould you into a successful businessman.
  7. Know when it’s time to quit: If your business doesn’t work out don’t panic. Reflect on the pitfalls and mistakes and use them to guide you in your next business venture. Just remember failure is to be expected, but a true entrepreneur will overcome hardship.

While this is not a definitive list of advice, these are 7 tips to get you started.

With all the legal protocol surrounding buying a business and becoming a first time commercial owner in Florida, it is essential that you choose attorneys who will look after the best interests of you and your new business while providing your company with outstanding representation in the commercial world. Choosing attorneys, such as Reinfeld & Cabrera, P.A. allows you the peace of mind to focus on the things that have inspired you in buying a business and becoming a first time commercial owner in Florida.

Intestate and Blended Families

blended-familiesWhen you have a blended family, it is always best to make sure your estate planning is laid out in legal documents that explain exactly who gets what, before your assets are distributed via intestate succession laws. A blended family is one which may include children from prior marriages or relationship.

In Florida, intestate succession laws will dispense your estate to your relatives when there is an absence of a legal will, or when a will is found to be invalid. Sometimes the dispensing is simple, such as when a decedent only leaves behind a surviving spouse. However, things get considerably more complicated with blended families. A decedent is the person who has died.

All assets in the estate are left to a surviving spouse, when the decedent has no lineal descendants. Within intestate succession laws, if a decedent leaves behind a surviving spouse, and children or other lineal descendants who are shared with the spouse, then the surviving spouse still inherits the estate. However, in blended families where the decedent leaves behind a surviving spouse and lineal descendants who are not shared with the spouse, then half the estate goes to the surviving spouse and the remaining half of the estate is split among the lineal descendants.

When blended families contains adopted children, under intestate succession law in Florida, legally adopted children will receive the same share of your estate as biological children. However, any foster children or stepchildren will not automatically receive a share of the estate. Nor will children who were put up for adoption, and have been legally adopted, receive any share of the estate.

A child who has been conceived by the decedent, but not yet born at the time of death, will still receive a share of the estate under intestate succession law in Florida. Blended families that include children born outside of marriage, will see those children receive a share of the estate under a few legal conditions, such as the decedent having acknowledged the paternity or a court establishing such paternity.

When you have a blended family, or a complicated family situation, it is always wise to make sure you have a will in place formally laying out your wishes upon your death. Otherwise, all assets that can normally be distributed via a will, will then subject to intestate succession law.

Pet Trusts in Coral Springs

Pet-trusts-in-Coral-SpringsPet trusts in Coral Springs – the smart move in protecting your loved ones.

Setting up pet trusts in Coral Springs is one of the most important decisions you, as a pet owner in Coral Springs, can make for the well being of your pets.

In the event of your death have you made plans for the most vulnerable members of your family? You are all the family that your pet has to rely on. That is why together with the help of Reinfeld & Cabrera, P.A. you can ensure, by setting up a Pet Trust, that your beloved pets will want for nothing should they be orphaned.
Pet Trusts in Coral Springs is governed by the Florida Pet Trust Statute 737.116 Trust for care of animal. Although it is a relatively concise provision we at Reinfeld & Cabrera, P.A. have decided to decode the legalese of the statute governing Pet Trusts in Coral Springs and give you the most important factors to consider when writing up a pet trust.

Factor 1: Choosing your caregiver.
The number one essential decision when setting up pet trusts in Coral Springs is choosing the right caregiver. This is the person who will be stepping into your shoes as surrogate parent to your fur kids. Bearing in mind that the responsibility of a pet is enormous, make sure to choose someone who you know will have your pet’s best interests at heart. It is also extremely important to name an alternate caregiver should your first choice caregiver be unable to accept the responsibility.

Factor 2: Appointing a trustee.
A trustee is the person (or corporation) who you will rely on, to properly administer your pet’s trust. The trustee will have the responsibility of making sure that your chosen caregiver is really giving your pet the protection and attention it deserves.

Factor 3: How much will your pet need?
The next crucial consideration in setting up pet trusts in Coral Springs is deciding how much you will need to set aside for the continual wellbeing of your pet. This will vary depending on your individual standards however here are a few things to think about:

  • The type of pet (dog, cat, iguana, bird etc)
  • How long your pet could live
  • The lifestyle you want your pet to have (this includes things like travel expenses, food, Insurance, toys & treats, recreational activities and pet-sitting)
  • Potential medical costs for your pet

There are many more things to think about but deciding on the above three factors is the first step in the right direction to creating pet trusts in Coral Springs. Understandably all this information can be overwhelming and that is why we at Reinfeld & Cabrera, P.A. are here for you to rely on when setting up your pet’s trust in Coral Springs.

Contracts

contractsA contract is one of the most frequent legal transactions that you will be involved in at any one point in your adult life. No matter what situation you find yourself in that requires a contract, having a basic understanding of contract law is crucial in building solid agreements that will be legally enforceable should a disagreement crop up.

In a nutshell a contract is an agreement that is legally enforceable between two or more parties. The word party includes an individual person, company, or corporation. Contracts made in Coral Springs are governed and enforced by laws in Florida. With this basic definition in mind here is a run down of the overall benefits of having a contract.

Having a watertight contract leaves you open to get right in and do the job itself without worrying about all the legal issues. A few of many benefits of having a contract include; protection for both parties should a dispute arise; ensuring that the agreement entered into by parties is fair; and that all details of the agreement are explicit – this includes that all definitions are stated and agreed to by all parties to the contract. In other words making sure that everybody is on the same page. Therefore if things do go wrong it is always a good idea to have all your bases covered and to make sure that the relationship between both parties is clearly defined in a contract.

A further benefit to having a contract drawn up is that written agreements are far easier to put into effect and enforce than verbal agreements. A professionally drafted contract will be a physical reference point that you can revert to in moments of need. Moments of need include; disputes between parties; recalling important details; or a means of orientation for newcomers to the agreement.

If all of the above factors have still not convinced you that a contract is nothing but beneficial then perhaps the idea of you being the master and commander of your agreement will grab your attention. If you don’t have a written agreement local and state laws will dictate some of the rules for your agreement. If a dispute arises which has not been covered by a written contract, the issue may be taken to court to be resolved. This could leave you on the short end of a very costly stick.

So, under what circumstances do we recommend that you make use of a contract? From rental agreements, business partnerships, and employment contracts, to contracts of sale, prenuptial agreements, and wills, the list is truly endless.

The laws governing contracts in Coral Springs can become overwhelming however, experienced attorneys, such as Reinfeld & Cabrera P.A. are always here to help you.

Business Formations

The process of business formation can be a highly complex and overwhelming endeavour for a first time business owner as well as for a seasoned business professional. Florida has the fourth largest population in the country which serves a thriving business community made up of some of the largest U.S. corporations as well as a multitude of small businesses. At Reinfeld & Cabrera, P.A. we want to guide you through the steps of business formation as quickly and painlessly as possible in order for you to begin reaping the benefits of being a business owner in Florida.

When considering business formations, here are a few steps to break down the process for you:

  1. Naming your business – choosing a name for your business is crucial. When incorporating, the name of your business has to be unique. In other words, no other company can have the exact same name.
  2. LLC or Corporation? – deciding whether your business should be a Limited Liability Company or a corporation depends largely on the business owner and their personal preferences for running their business. However, this decision should not be taken lightly as there are many financial and legal implications of both entities. Attorneys, such as the ones at Reinfeld & Cabrera, P.A., can offer sound professional advice and guidance when it comes to making the best choice for you.
  3. Articles of Business Formation – once you have completed the first two steps, you will need to file the articles of incorporation with the Florida Department of State to legally create the entity. There are many requirements when filing these forms and the experienced attorneys at Reinfeld & Cabrera, P.A. can be of great assistance when dealing with this.
  4. Obtaining your FEIN – next, a request for a Federal Employer Identification Number (FEIN) from the IRS may need to be submitted. The decision whether or not to obtain a FEIN relies on if your business formation is a corporation or a LLC. If it is former, a FEIN will definitely need to be obtained. However, if it is the latter and there is only a single owner of the LLC, the choice is up to the business owner.
  5. Licences – there are many licenses which need to be properly acquired before a business can operate legally. These may either be a business license/occupational license or business tax receipt. They need to be registered with county in which your business operates and it is best to check with an attorney or your local tax collector’s office to see what your county requires.
  6. Banking – lastly, a bank account will need to be opened up in the businesses name and all monies coming in or going out of the business will have to be through this account.

Consulting an experienced attorney such as Reinfeld & Cabrera, P.A. will simplify this complicated process of business formation, enabling you to enjoy the fruit of your labour and see your business flourish.

How to Collect on Business Debt

commercial litigation attorneys in Coral Springs

If you need to collect on a business debt for your company in Coral Springs, commercial litigation attorneys can help. We understand that an unpaid debt could make a very big difference to a small business…even the difference between making a profit and suffering a loss.

It can be a difficult process to collect on a business debt that has remained unpaid for a long period of time. In some cases, commercial litigation attorneys will need to represent your Coral Springs company in court. But before the situation goes to the litigation stage, there are ways that attorneys can help you try to collect your business debt.

You may instinctively recognize some customers who have unpaid bills as those who want to pay but are having money issues or those who are trying to delay payments. For these type of customers, you may be able to arrange for partial payments until the debt can be paid in full. You may also want a proper contract written to ensure enforcement of those rights as well as a judgment personally against the person who is in debt. If you suspect that a customer, who has the means to pay their bills, is doing all things possible to avoid settling the debt, you may want to contact your commercial litigation attorneys in Coral Springs.

The commercial litigation attorneys at Reinfeld & Cabrera, P.A., in Coral Springs, will represent your company’s interests in situations where accounts receivables are owed. In addition to seeking the amount of the debt owed under contract, we can also help you recover attorney’s fees and interest in some situations.

Don’t hesitate to consult with commercial litigation attorneys in Coral Springs. Don’t let an unpaid debt hurt your small business. Let us help you collect the debt and help you better prepare for handling this type of situation in the future.

How to Avoid Litigation via Negotiation and ADR (Alternative Dispute Resolution)

You need to have commercial litigation attorneys lined up if you own a business in the Coral Springs area because having experienced commercial litigation attorneys working for you will actually help you to avoid litigation in the future.

The commercial litigation attorneys at Reinfeld & Cabrera, P.A. in Coral Springs recognize that actually taking a commercial matter to court can be very expensive and very time consuming. It is generally best for all parties to find a way to avoid litigation and settle the dispute before going to court. Our commercial litigation attorneys try to find ways to reduce any future litigation risks for our clients by using several means at our disposal. But when disputes arise, we will help you manage these issues.

Resolving legal matters before going to court can be done in different ways. Your commercial litigation attorneys will first try to negotiate on behalf of your business in Coral Springs. If negotiation does not work, we will then try different forms of alternative dispute resolution (ADR).

Our commercial litigation attorneys in Coral Springs will try, when it suits your specific situation, conciliation, mediation or arbitration as forms of Alternative dispute resolution. Conciliation involves both parties meeting separately with a conciliator who tries to resolve issues between the parties, while mediation involves a third party mediator assisting the two parties to try to reach a settlement. Finally, our commercial litigation attorneys may try arbitration to resolve the matter, which involves a third party adjudicating and issuing a binding decision in order to resolve the dispute.

If both negotiation and alternative dispute resolution fail, then your commercial litigation attorneys in Coral Springs will proceed to court, generally over an issue such as contract disagreements regarding the two parties’ obligations. Don’t wait until you have a commercial litigation matter to handle. Have commercial litigation attorneys try to reduce your future risk before the need to go to court arises.

Plan Ahead for the Unexpected

Business Trust Attorneys in Coral Springs

One of the best reasons to secure business trust attorneys in Coral Springs is probably for reasons you don’t even know about yet. Planning ahead for the unexpected is so valuable for businesses and could ultimately save your company a lot of time and money down the line.

The business trust attorneys at Reinfeld & Cabrera, P.A., in Coral Springs, recognize the value in planning ahead. Everyone wants their business to be as successful as possible, and making sure you have planned ahead for the future will help you achieve that success, as well as make sure you are prepared to pass along your business or family wealth in the future.

An important part of the estate planning process that the business trust attorneys in Coral Springs perform is setting up business trusts. This will help to avoid future probate and trust litigation. You want to know that your business interests are covered for any future possibility. Our experienced attorneys will help make sure you have planned accordingly.

Setting up a trust allows you to put conditions on the distributions of your assets, as well as the timing of the distribution, after you pass away. It also allows for the distribution of your assets to go to your heirs without the necessity of probate court, saving your heirs costs, as well as time. Business trust attorneys in Coral Springs know to use a trust as an instrument to transfer assets, without the creator of the trust having to give up all control.

A business trust can also direct the operation of a business in case something happens to you, the original trustee, if you become incapacitated.

A business trust attorney can set up the trust in ways that allow an heir to have power to control assets once they reach a certain age, with a trustee delegated before the heir reaches the specific age. A revocable trust allows the creator of the trust to end the legal document at any time, while an irrevocable trust ends only at a set time, such as when the beneficiary dies.

The business trust attorneys in Coral Springs will also tell you that a business trust gives your family, or your heirs, more privacy upon your death, than if your assets and wishes were only laid out in a will. A will is a matter of public record and would detail a list of assets for the court, whereas a business trust is not a matter of public record.

To hear all about what estate planning you should consider for your business, please consult with the business trust attorneys at Reinfeld & Cabrera, P.A. in Coral Springs. We will help you prepare for the future and make sure you have covered all your bases.

The Proper Execution of a Will

estate planning living willWhile you can probably go to a book store and purchase your forms to create a will yourself, it is best to hire wills and trusts attorneys in Coral Springs to perform the proper execution of a will. Estate planning can be a complicated matter and if you want to make sure that your estate is taken care of exactly how you wish, then it is best to let professionals create your will.

A legal will is created to help you direct the distribution of your assets after you die, whether that means your business, property, cars or items that you own. Florida law requires that you pay off all of your outstanding debts through the probate process after you die. Following this procedure, wills and trusts attorneys in Corals Springs will be able to designate leaving your remaining assets to anyone you choose.

A wills and trusts attorney in Coral Springs can help you create the legal document that names a personal representative for your estate. If you do not name such a person, the court will appoint one for you, so it is always best to choose a trusted person for the job. We can also help you legally name a guardian for any minor children and make any gifts you wish to make upon your death, such as to a charity.

You especially will want to consult with a wills and trusts attorney from Reinfeld & Cabrera, P.A. in Coral Springs if you feel that your will might be contested following your death. Also, it is valuable to have a trusted wills and trusts attorney whenever you need to make any changes or revoke a will.

Consulting with a wills and trusts attorney in our Coral Springs office will help you make important decisions about the probate process and where the tax burdens associated with your assets will lie, following your death. Don’t try to do this complicated legal document on your own. Have a professional help you with the proper execution of a will and you can rest assured that your wishes will be carried out as you have planned.

Avoiding Probate

probate-attorneys-in-Coral-SpringsThere are many reasons to hire probate attorneys in Coral Springs while planning for your estate. But one of the best reasons to hire these experienced attorneys is to help your future heirs avoid having to pay tax on their inheritance and also be forced to pay to hire a probate attorney to handle the matter. The best way to handle Florida’s complex probate laws is to have experienced attorneys handling your affairs.

In addition to being expensive, the probate process can also be very time consuming for your heirs, not to mention convoluted and confusing. Probate attorneys at Reinfeld and Cabrera, P.A. in Coral Springs, will help you and your family avoid the probate process by putting the necessary planning in place for your estate.

Probate attorneys in Coral Springs, and throughout the state, will tell you one way to avoid probate for an asset is to create a living trust, which names someone as a trustee upon your death. After you pass away, the assets named in the living trust will be controlled by the terms of the trust, with the assets being transferred to the trustee and avoiding the probate process.

Another way for your assets to avoid the public probate process is when you jointly own rights of survivorship the asset with another surviving person. The probate attorneys in Coral Springs will tell you that when an asset is jointly owned with rights of survivorship and one of the owners passes away, the asset is automatically owned by the surviving owner. There will be no probate proceedings in this case, either.

There are other ways that your estate plans can help you and your family avoid the probate process after you pass away. Probate attorneys at Reinfeld & Cabrera, P.A. in Coral Springs are experienced probate attorneys who will look at your specific situation and help you plan accordingly. You will be able to rest assured that your estate will one day benefit your family, as opposed to putting them through the probate process and the stress that can come with that.