HR on Demand Service by Incorporation Attorney

On the site now we’ve added this HR on-demand program. You were driven to add this to your services for several reasons. And as I understand it, one of the main reasons is some problems that some of your clients had. Maybe could you share with us a couple of examples of what got you to this?

We’ve set up hundreds and hundreds of companies for micro and small businesses. What we’ve seen over time is that problems that people run into tend to fall into three big buckets. One is that they will mess up the formation of their business entity and the maintenance of the business entity. Two, they will use poor contracts or not have any contracts or run into contractual problems with people they do business with. And then three, they run into problems with their own employees. Kind of the internal problems. The employee internal problems become really challenging because larger companies solve this problem by hiring a full-time HR person or an HR department. And they can cost three, four, five thousand dollars a month. And my clients who are frequently single owner, or a partners, or a family-owned business. They don’t have the resources to hire an HR person to take care of all their employees. This has really been a struggle for a while that we’ve gone through is how do we get that HR department for a micro or small business? Or do they all just have to stumble through and pray to God that they don’t run big problems? Over time what we thought is that there’s a service that we could create that would be a little bit of self-serve, a little bit of when you really need to speak to an HR person, you’ve got access to him. We could take that three to five thousand dollar cost and reduce it by 90%, and get the small micro business kind of exactly what it is they need and yet it’s their budget.

Sounds too good to be true!

Well, I’ll tell you. I mean if we hire a full-time HR person, they’re down the hallway. And they will cost you three to five thousand dollars because you can’t just get your secretary and say these days, “Hey I need you to read up on what’s happening on the new changes in employment law, what’s happening with sick leave, how do we track our meal time breaks, and what do we do on payroll?” It’s overwhelming! And it’s a subspecialty within the law.

The sense I get is that a lot of business owners don’t understand how important that is or the implications of getting that little wrong.

The people who understand it are those people who fall into the bear trap and just get that trap slammed on their leg, and then all of a sudden it comes home crystal clear. You understand that ones the trap snaps on your leg, how bad this thing is? Right?

In other words, you’re saying a lot of business owners learn the hard way.

That’s how you become an experienced business owner. What we try to do is provide a service where you don’t necessarily need to stick your hand into the fire to figure out that you’re going to get burned. I’ve worked with a lot of accountants, and accountants tend to be pretty smart people and deal with a lot of small businesses. And they’re a small business themselves. So I had an accountant that I was working with that ran into a problem with what he considered to be a rogue employee.

So the accountants owned business and the accountant staff as a small business that you’re talking about?

Exactly.

Not their client but actually them.

Actually them!

And you would think that an accountant would be all over this.

Well, you would think who would know better than a guy who deals with lots and lots of small business.

Yeah.

Because accountants tend to be the most trusted business adviser for small business. And so small business owners call their accountants about everything. Some things accountants can help with and other things they can’t but they hear a lot about employee issues, because the accountants are working with their clients on payroll issues, filing of payroll taxes, and things of that kind. So they can be the more knowledgeable than the average guy. Right?

You’d think.

So I got an accountant who was running his practice. It’s a small business. And you would think, who would know more about this than a guy that hears these stories all day long, plus runs his own small business. However, the situation came up with him where he had this rogue employee. And what had happened was that once the employee left his company, the employee went down to the labor department and he filed a claim. And he said that the accountant had worked him more than he should have and didn’t give him breaks for his meal times, didn’t give him the morning and afternoon break, and furthermore, worked him more than eight hours in one day and didn’t pay him overtime. California is very aggressive with these kinds of claims. So the employee goes down to the labor department. The labor department helps him basically go out their claim. And then the accountant receives a letter from the labor department, “Greetings! You now going to come to a hearing with us and you got to explain yourself whether or not you did or did not mistreat this employee. Because if you did, we’re going to pound the hell out of you!” So we get this letter and now we’ve got to see the labor department.

Now, I take it you’re adding your own subtext there?

Yes. I am. I’m adding my own subtext, my own prejudice of kind of how the system works.

Right.

And I think a lot of small business owners will see it somewhat the same. This conversation is looking at it from the perspective of this little guy that owns his business. And frankly, it’s a challenge. I mean, it’s a challenge to run your business. It’s a challenge to figure out how to get customers. It’s a challenge to deal with all of the administration that goes on with running a small business, and this is a real significant component. So when we went into the labor hearing, the labor commissioner says, “Okay, here’s what I’d like to see. I’d like to see all your payroll records relating to the breaks that you gave this person., your payroll records that show the breaks in the morning and the afternoon, that showed the mealtime breaks, and furthermore, your payment or not of overtime. And by the way, I want to see your employee handbook, which would outline the company policies.” Well, the accountant did not have an employee handbook. So, we got nothing in writing, which would typically be signed by the employee that they’d received the handbook and that they were familiar with the policies. So I’ve got no written policy created in advance of this hearing that shows that the employer and the employee are on the same wavelength. So I don’t have that. The records that the accountant kept rather than doing it with an offsite service, they did it internally. And this employee, before t they left, grabbed their own records and took them. So we didn’t have any records of what breaks that they’d had. We didn’t have any records of what mealtimes that they’d taken. And we had very just rough records of how they were paid overtime. So I asked the accountant, since we didn’t have the records, we suspected that the employee took them. I said, “Just recreate for me your record-keeping process and we’ll go in an explain this is the process to the labor commissioner.”

So was the record-keeping process physical or was it computerized?

Theirs was done by hand. Today, payroll companies are pretty sophisticated. You can pay a small amount of money and you can set up your system like a system we use in our office is that it’s one where an employee will come into our office. They get on to the computer. They login in the morning. When they go to lunch, they logout. When they come back for lunch, they login again, and they logout at the end of the day. And it’s all captured on a computerized basis, so there’s no question in terms of the record keeping that we kept. But a lot of people don’t do that. A lot of people just keep it on a piece of paper, on an Excel spreadsheet, on some form that they’ve grabbed from the Internet, because they don’t understand what the problem is until they find themselves sitting in front of the labor commissioner. Really, it’s the employer’s responsibility to keep these records. If there’s a tie in terms of the story, the employee says one thing and the employer says another thing. Just anecdotally, my experience is the tie goes to the runner. In this case, it’s the employee. And the claims that they’re making are found to be true and that the employer ends having to pay for that. So what they did not have in this situation was the records of the breaks and the records of the mealtimes that they took. And the employee basically said that, “I arrived at work. I worked for 10 hours straight and that they wouldn’t even let me take a bathroom break.” Which was ridiculous. There were witnesses in the office that would say, “Hey look, she would goof around on the computer all day. I saw her get up regularly and go to the bathroom.” But the problem was without the records, without that documentation, in this case, the employer was in a very vulnerable spot. So at the end of the hearing what happened was that we were able to substantiate part of the employer’s position and that was that she actually did take breaks, that she did actually go to lunch, that she was spending a lot of time goofing off on the computer. So instead of winning the whole case, which they should have done with good record-keeping, they ended up splitting the difference. That is, the employee claimed that they were owed 20,000 dollars. The employer legitimally owed nothing. And in order to avoid a further prolonged extensive hearing, the employer ended up spending 10,000 dollars when they should have spent nothing. It was their own fault. It was due to poor record-keeping. The learning from that experience was all employers should have an employee handbook, which is given to each employee when they’re on-boarded to work for the company, which the employee will sign that they’ve received it and read it. They should also have good records of if they’re giving mealtime breaks to their employees, have them memorialized. If they’re giving lunch breaks to their employees, have that memorialized. And certainly, when the employee works beyond an eight-hour day, that also has to be memorialized. With the payroll keeping services available, all of this is a very simple process, but had we gone into that hearing with an employee handbook and with the records that we’re describing here, the employer would have paid nothing. Well, what happens sometimes, when there’s a little bit larger company and they’re sort of one rabble rouser employee from the employer’s perspective, they start talking to one another and sometimes it’s not one leaves but it might be five leaves. And when you have five do this thing in this particular case, it could have gone from a 10,000 dollar loss to a 50,000 dollar loss, which could have put the guy out of business. It’s a very serious problem and you don’t really quite realize the magnitude of it until you go through one of those kind of hearings. So the solution of the problem is getting access to someone who has got a lot of HR experience. And these days, there are people out there who will go through training programs and they actually become certified in HR. Then further, if you can get access to that kind of person and not spend three to five thousand dollars a month. But instead, pay 300 dollars a month or 400 dollars a month, then you’re getting the best of both worlds. You get someone who’s certified, especially to know what all the rules are, what are the forms you should have with your employees, what does your employee handbook look like, how frequently should you have the handbook updated, things of that kind. You can basically call this person, say this is my situation, they know your company, and they can tell you, “Here’s the form you need. Here’s the update that you need to make to your employee handbook.” So it’s really important to have that component. And then finally, that’s what we’re starting to now deliver to our client as access to that expertise on an as-needed basis.

And having done through the program ourselves, what we’ve discovered is that the way it actually works is much better than we anticipated. It’s not a whole term administration. They’re an HR consultation on-call, so that they can guide us through how to set these handbooks up properly fofr our business specifically. So what we’ve got is we’ve got now a recording of the conversation that we’ve had with our clients inside of our business where they talk about how they actually experienced the program and what they got out of it and how it’s helped us to make our business safer. So what we should do is switch over to that and that will give you more insight into the actual use case, the usage nature of the program and what the benefits are.

 

When Does a Corporation Need to File a Fictitious Business Name?


When we help our clients incorporate their businesses, one of the things we know from having done hundreds and hundreds of these things, is that the work that the small business lawyer does for the client doesn’t stop when we hand over the corporate book and say, “Here’s your brand new corporation.” That’s really just sort of the beginning of things. Frequently, once we’ve incorporated a business, our clients will get correspondents from the federal government, from the internal revenue service, from the State of California, frequently from scams. And they just don’t really know what to do with the paperwork. So we offer a service to our clients and it runs like this. We call it “I’ve just got a quick question”. Once you’ve incorporated your business with us, what we will do is make ourselves available over the course of the next year to answer any questions that you might have about your corporation. An example of a quick question would be one that I received this morning. We’ve got a client that’s just formed his corporation. We formed the corporation and gave it a name that was similar to the business that he wanted to run. Things have been going well for him, and he’s developed through the process of getting his one main business going. A kind of a sideline activity, which is sort of a specialized niche of his main business. And what he wanted to do was develop that second business and have it appear to the general public as though it might be a business completely separate from his corporation. So his question was really how could he do that? Will he need to setup a second corporation to run the business? And the answer is no you don’t necessarily have to do that. The way he that he could handle that situation, and really pretty smart thing to do for a small business owner, is actually use a fictitious business name. And the way you would do it would be this: is that you could go down to the county where the business is being conducted, and you can file an application with the county recorder. You would tell the county recorder, “Hey, my corporation wants to do business not in the original corporate name, but in a second name.” And the county recorder for a small amount of money will allow you to file that application, and give you that name to use in the county for your business, so long as some other business does not already have that name. The process is filing an application, and then what you will do is you will publish the application, or you will publish the name in a newspaper of general circulation over the course of a number of weeks. And once you’ve gone through the application filing stage, one you’ve gone through the publication stage, then your corporation can use that name to do business. So you could do business as ABC Incorporated or you could do business as the Happy Balloon Company, and you could actually hold yourself out to the public under the names of both of those businesses. Then what you can do is if you’re actually generating cash under the new fictitious name, you can go down to the bank, you can open a banking account using your fictitious business name paperwork along with your other corporate paperwork. And that way you can essentially run two companies. If the fictitious business name company actually takes off, then it’s a very good time for you to consider as a small business owner, whether or not we should actually split our two companies. That way we would have the original corporation, and then we would have a second company also a corporation now using the name that we selected with the fictitious business name statement. So hopefully that kind of explains the process just a little bit more. And if you’ve got a question about how best to use a fictitious business name when it comes to small business corporations, my name is Andy Gale. I’m a small business attorney. I’ll be more than happy to answer any questions that you might have.

 

Spray Foam Application for Commercial Buildings

This is a transcript of the video above. 

The Difference Between Residential and Commercial Spray Foam Job

What’s different about doing a commercial job with spray foam?

Well, typically, on commercial work, it’s a lot more industrial, meaning the specs are usually a lot more robust than residential.

When you say robust, what do you mean? I’m not sure I understand.

Well, the job in Culver City that we did.

So this is the one… oh that’s the video.

The tip like this one right here.

That looks like our work.

Yup. It’s 4 inches on the walls where typically, residential has 2, at the most 3.

So, why more? Why 4 inches?

Because commercial buildings typically build them in a way that they can handle a lot of people. They’re just built a lot more sound. Typically the specs on commercial work are a lot more intense. This is the nature of the business on commercial work. More money spent.

I imagine there’s a lot more surface area on a commercial building to…

Typically, yeah. I mean I’ve done some small commercial jobs as well. A lot of commercial jobs we insulate on top. They’ll want me to roof system and foam roofs are very typical on a commercial.

So when you say insulate on top, you’re talking about the top layer of the roof would be insulated.

On top of the roof, yes.

So what does that do to people being able to walk on it.

They can walk on it. There’s no problem with that. It’s very durable.

Is spray foam let just at the top surface area or is something put over on top of the spray foam?

No, there’s an elastomeric roof coating that’s sprayed on top of the foam.

Is that part of what you do?

Yes.

What’s it called? Elasto-something?

Elastomeric roof coating.

What is that? What does it do?

It’s an acrylic coating that has a reflective value, preserves the foam. The foam can’t tolerate direct sunlight. It just fails or burns up. You have a protective coating on top of that, which is a water-tight seal. A lot of times depending on the building that, let’s say like it’s a restaurant or something, and they want to do a lot of woodwork on the ceiling. We’ll insulate the roof on top. We’ll put, for instance, 4 inches of foam on the roof, and then we’ll coat it with the elastomeric roof coating. So not only they got an insulation job, but they also got a new roof system as well.

So this would be an example of that in process.

Yeah.

This doesn’t look like it’s spray foam.

That’s spray foam. Yeah.

So how come it’s got squares like this if it’s spray foam?

The light colored material over what the guys are standing on, that’s the foam.

Oh, I see!

What the squares are, what that is, it’s called DensDeck, which is a fire-rated material, so you can have your fire rating and it’s screwed down with plates. That picture there though, it happens to be a residential roof.

Oh, I’m confused. This doesn’t look like a residential building because it’s flat.

It is. It’s residential.

So do you have any pictures of where you applied spray foam to a commercial project?

Yes. 7 Gables Real Estate building.

So this is a commercial one?

Yes.

Right. So what are we looking at? Is this spray foam?

That is spray foam with the white coating on it.

So the white coating reflects the sunlight, UV, which stabilizes the spray foam underneath.

Yes, it protects the foam from the ultraviolet rays, and it’s a reflect coating which makes the building cooler inside.

So that’s a different one to this? So it’s kind of like a wall around it. This is the actual building. And that the…

That’s the port building. That’s a car port. And all those posts that are sticking up, they’ll have solar panels on them. So those are the stands to the solar panels.

So why would you apply spray foam to a car port? That’s not intuitive.

With all those penetrations going in, they needed a new roof system, so they hired me to do the building, so they just had me do the car port as well.

What’s the process? Is this something that goes down before the spray foam?

This is not new construction. This is an existing built-up roof system on there. Which is the hot tar roofing, and they have the rolls of roofing. And those rolls of roofing, you see those things every 3 feet. That’s the old roof underneath it.

Right. So you applied the spray foam directly to the black tar?

Right over the existing roof system.

First of all, that’s a layer of spray foam. And that’s how thick?

Yes. That’s 1 inch thick.

Oh, just 1 inch?

Minimum of 1 inch. And 1 inch is very typical now. When you do residential roof, 1 inch is common. When you do commercial roofs, an inch and a half is very common.

So if somebody was to ask about having spray foam applied to a commercial building like this, what would you recommend as against what is common?

I would recommend an inch and a half. It all depends on the condition of the roof system that’s on there. You have to inspect that early. A lot of times there’s rotten plywood in different roof systems, you have to take different things into consideration. What is very typical also, we have here, it’s called a cap sheet roof on top. And what you do first thing is that you first clean everything. Make sure that the existing roof is as clean as possible. And then after it’s clean, you spray apply the foam. And after that you get 2 layers of the white elastomeric coating.

Why an inch and a half? I mean down here you talked about 3 or 4 inches for commercial or 2 inches for residential. Why is it an inch and a half on the roof?

On commercial buildings, they typically want a more heavier duty system. Even when it comes to roofing or insulation. They typically go a step further and get a little better system in there, because you have a lot of people coming in and out of there. So they want something that’s going to last a little longer and do a little bit more for them.

Right. But I’m confused, because an inch and a half is less than 3 inches or less than 4 inches or less than even 2 inches when you do an insulation in a home. So it sounds like an inch and a half is not as good.

If you’re talking just the roof system, you have to have a minimum of 1 inch. That gives you a little bit of R Value, but if you’re looking for an insulation system and a roof system, now you’re talking something different. You have to have your R value on top of your roof. Then you’ll have to add 3 inches or 4 inches if you want to have your R Value in the insulation. If you just want a roof system, and that it, and it’s insulated underneath, you have to a minimum of 1 inch.

Right. Now I understand. So when you say a roof system, it’s just an alternative surface that’s going to repel water and keep the roof intact.

Exactly.

So what you’re doing when you’re saying 1 inch to 1 and a half inches is okay if the requirement is just to keep the roof sound. But if you want the R Value to be improved, then you need to go to 3 or 4 inches.

Correct.

Got it!

Glendale Commercial Spray Foam Project

We did a job out of Glendale Boulevard in L.A., and it came out really nice. It got 5 inches. It’s a good example. It’s a sound studio. So they needed extra insulation, but they wanted to show the wood ceiling. So they insulated it from the roof. So they needed a roof system plus they needed insulation. That’s what you call a summer bell roof system. That’s the shape. It looks like a dome. It’s called a summer bell. What it does is all the water rushes towards the air pit walls and then it drains towards the corner there. It’s a sound studio in Los Angeles, and they wanted to see the stained wood underneath. So they had me do the insulation. They wanted to insulate it from the roof, on top of the roof, and they needed a roof system at the same time. So I put 4 and 3 quarter inches, which is an R30. Now they meet code. And they don’t see the insulation underneath. They see all the natural wood.

Okay. Let me just try and understand. So what you’re saying is that on the inside of the sound studio, they can see all the wood that is the underneath the roof. So that they’ve got something that looks visually cool… by insulation… the look of the roof. So what they’ve done is they’ve applied insulation to the outside of the roof. And in order to get the R value and meet code for the roof system itself, in terms of its integrity and waterproof-ness, to get all of that you’ve gone to 4 and 3 quarter inches to get R30.

Correct.

So again, on this one, the process is the original roof is there, and you just went straight, oh you cleaned it up and you just went over it with spray foam, or did you do something else to it first.

That’s it. We cleaned it up. Cleaned it up really good. And we sprayed it on top of the original roof system, and then one layer of coating. Let that dry for 36 hours. And then we put a second. We’d do a total of 3 gallons per hundred square feet of coating.

So I imagine compared to a black tar style roof, going to white, reflective white like that, on top of insulation, must make a huge difference to the insulation value of the roof.

Huge! Huge! On top of the R value and the air ceiling of the foam, the reflective value you get off this white roof system is tremendous.

So this is open cell or closed cell?

This is closed cell foam. The roofing foam is a little bit different blend.

Oh is it?

It’s a different blend. It’s the closed cell foam for insulation that’s a 2 pound density. The density on this is 2.8.

So that makes it strong enough to walk on?

Yes.

So where’s regular closed cell strong enough to walk on?

Yes.

That’s an example of a commercial project where spray foam is applied to the outside surface of the roof. So roughly what, how big is that roof? What kind of scale are we talking about?

10,000 sq. feet.

Roughly, how long does a job like that take?

I think it took us a week to do from start to finish. If you look at it Tim on top of the purple wall, see that metal coping that’s attached to the top of the wall. Right there. That grey, looks like a cap on top of that wall. Goes all the way across. This is an example because we’re a construction company with a general contractor’s license, we’ll take on other trades. Typically, that is a sheet metal contractor’s job to come behind us and put this coating on. We wanted to have that fabricated and we install it for them.

So 10,000 sq. feet about a week to do. So that’s a roofing system. Can we look at some of the commercial jobs where you’re putting the spray foam to the inner walls?

Target Distribution Center Spray Foam Insulation Project

Let’s go to Target. This is the Target distribution center for Southern California. Huge building in Colton. Out in the inland empire there. And this is a loading dock. A metal siding. The sun would hit that thing and that metal, that whole loading dock inside there, which is cook. The loading dock itself is outside of the conditions space. They needed somehow to make that thing cooler in the summer time. So we sprayed 2 inches. All they wanted me to do was to knock down some of the heat that’s penetrating that siding. So we went along and did the entire side of the whole loading dock.

So that’s regular closed cell foam?

That’s regular closed cell 2 pound foam. He’s applying it off a scissor lift. You know that loading dock is a huge building. 45 feet tall.

So in this case that we’ve got 2 inches of spray foam to lower the cost of the wall that’s in direct sunlight. To lower the heat transfer on a metal wall that’s in direct sunlight. Kind of trade-off between the heat and the cost and doing 2 inches and getting good insulation value in return.

Right.

What would be the R value of that then?

Well the R value is a 13, but you’ve got to remember Tim, the spray foam is not about R value. It’s about air sealing. Because what R value is… you have different… like R 13, you have R19, and you have R 30, and so on. And more R value you have… what that means is that heat transfers from the outside of the building… it transfers into the insulation. And the longer it takes to get that insulation to work, it’s 100% all of the heat load. Then that heat transfers inside of the building. So the longer it takes for the insulation to get a 100% heat load is a higher rating. Like if it takes 2 hours as opposed to 4. 4 is a higher R value. It takes longer for the heat to penetrate the insulation. When you’re talking spray foam. If you have a minimum of 2 inches, you have air seal so R values… in a penetrate. It doesn’t load up and enter the building. That’s why R value isn’t important in spray foam. It stops the heat from coming in.

So let me say it if I understood it correctly. Another way of saying that might be, although the R value is important and helps with insulation, one of the secondary benefits of spray foam is possibly more important than the R value, is the fact that it seals the building so that you don’t get air coming through, and being transferred directly into the building.

Exactly.

Regular forms of insulation don’t do.

Correct. Yeah. It stops the heat from coming in. So the reason why we have our different R values is because the city inspectors and the city codes aren’t up to speed with spray foam. If you ever tried to change a code, especially in California, it’s next to impossible. So they have these tidy codes that are in place. For instance, in a wall they say, the inspectors have to see an R19. That’s 3 inches of foam. Even though 2 inches would be more than enough. 2 inches would probably perform like an R38 or R50. It just does not enter the building. There’s no way you’re going to be able to change the code.

 

 

Asking Tough Questions to Avoid Divorce

McNamee Mediations is a small business in Orange County, California owned by Colleen McNamee. They offer premarital workshops as one of their services. This is a transcript of a video where Colleen talks about how to prevent divorce

Premarital Counselling with a Divorce Mediator

You brought up the church, the religious premarital counselling. And I know there’s a lot of churches that offer that, and it seems like a really good service. But do they touch upon or hit upon these really difficult points. I don’t know if you know what they go through or not. But it sounds like yours is very much in-your-face and very direct about things. A lot of times counselling in various things, you’re just trying to get you to, it seems like to me, talk about things, and either create problems or you don’t get to the bulk of what the problem really is. In your case, was this written by you?

Yes.

And did you just take kind of these that I’ve chose from all your past clients. Because you could have seen in real life what it really is.

Right. Because I have been practicing for a long time, and I’ve had just my mediation practice for almost 15 years now. So you can imagine, especially in the mediation, when I’m working with both parties, I get to see the dynamic on both sides regarding each issue that’s kind of caused the breakdown of the marriage. And they’re usually related to religion, money, affairs (so anything kind of sex related). And sometimes it’s also the role in the relationship. Like they don’t talk about, “Are we going to both have careers when were married?” or “When we have children, do we want one of us to stay home, does one of us even want to stay home, would we want to go part-time, can we afford to do this?” And those really aren’t things that people necessarily talk about prior to getting married, because they feel like it’s kind of jumping the gun. Or if they do, they talk about it very loosely. And I think it’s really important to make sure when you’re starting something like marriage together, that you’re on the same page. Because that just makes you this power couple moving forward, instead of two individuals who could potentially have friction moving forward when issues come up. And again, we’re not going to hit on everything that’s going to come up, but there are some core issues that are the leading causes of divorce these days that I address. And you’re right, it’s a little bit in-your-face. And the purpose isn’t to cause problems and convince the couple not to get married. Because what I’m trying to do is kind of salvage the potential for breakdown later in the marriage by addressing these beforehand. And so it usually doesn’t incite problems with the couple because there’s no hot topic that’s readily apparent. We’re actually just working through them before, and they probably think some of the stuff I ask them as sort of silly. But it’s good, and the couples that I’ve done it with have come back and said later, “Gosh, it was so good that we talked about this, because something came up about it 9 months into our marriage, and we wouldn’t have known where the other one stood had we not been in your workshop.

Click the link below to watch the full video:

**Avoiding Divorce** by Asking TOUGH Questions on Core Issues BEFORE Marriage 

Tips to Avoid Divorce from McNamee Mediations

One of the most effective ways to boost your sales is to post videos about your business online. This post is a transcription of a video of Colleen McNamee sharing her expert tips on how to avoid divorce.

How to Avoid Divorce – Premarital Seminar

Colleen McNamee's Interview at Money Matters with Dino regarding How to Avoid Divorce

Colleen McNamee’s Interview at Money Matters with Dino regarding How to Avoid Divorce

Today’s show not our typical, boring, money-type stuff. It’s actually about divorce. The reason we do talk about this on a Money Matter Show is because divorce is truly the worst financial decision that one could ever make in their entire life. It will absolutely cripple you.

I have heard all the jokes. Why is divorce so expensive? Well, because it’s worth it. In some cases, maybe it is. If you’re in a horrible relationship. But the financial piece of this is something you have to think about long and hard. Just from a personal stand point, if you tried hard enough, you can make it work. Somebody told me recently that if you put as much time into your marriage as you do put into your work, you’d probably just as successful in your marriage. So, think about all that stuff.

And today, we’re bringing on Colleen McNamee from McNamee Mediations. She’s going to talk about how to avoid divorce through proper planning and communication. Now, typically, she’s a mediator, and she facilitates in ending a divorce, I think in a little bit better manner that going to courts, and a heck of a lot cheaper, that’s for sure.

But again, today we’re going to talk about mostly focused in on how to avoid a divorce. So usually, we sit and talk about how to facilitate the end of a divorce. I’m glad we’re coming on here today to talk about the opposite end and how to avoid it completely. And I know you do a couple things through your practice. One is you have a marriage contract that you focused in a lot on, and that’s helped I guess quite a few people from the conversation we had, and two, you have a pre-marital workshop. So before we get into all this other part of the show, can you tell me a little bit of both of those and what exactly they entail.

So, there are two different things that I’ve created kind of over the course of having my practice, because oftentimes I do come across couples who are looking to prepare for marriage and want to avoid divorcing later, which is where the pre-marital workshop came from.

The pre-marital workshop is a 3-parts seminar where it’s me and the couple though. It’s a one on one thing. It’s not like it’s a bunch people sitting in a room. And I meet the couple and give them a worksheet to complete. And what that worksheet is, is the things over the course of my life as a family-law attorney-mediator that I have noticed have been the direct, reoccurring causes for divorce. There are topics such as “Do you want children?” and then there are subcategories under there. If you say no or you both say no, then you don’t have to fill out the subcategories. But the worksheets that you fill out individually, and oftentimes when I get them back, there are diverging answers.

The things that I am asking in the worksheets are not things that you typically, during this happy dating stage, would think of asking either for fear of it just being weird to talk about or things that aren’t just in your mind, because you’re loving each other and you’re in this like honeymoon stage of just anticipating your wedding and what a bliss thereafter.

And so the purpose of this is not a religious one like you would get going through a premarital counselling at your church, or a therapeutic one that you would get by working with a therapist. This is more a premarital workshop from a legal standpoint to help you avoid legal obstacles that could cause the demise of your marriage down the road.

You can also watch the video below:

How to Avoid Divorce – Orange County Pre Marital Workshops

Posting Videos to Boost Business Marketing

Small businesses in California can benefit from posting videos about their company on social media sites such as YouTube. This video for example, is an interview of Colleen McNamee of McNamee Mediations. It is posted on the company’s YouTube channel.

 Interview of Colleen McNamee of McNamee Mediations

Orange County Divorce Mediation Infidelity with Finances – Recommendations – Part Two

I run a mortgage company and obviously, I see everybody’s finances in the process of it. And it didn’t dawn until now but I actually had a client where after the conference call with him and his wife were done, he called me back separately. He asked me to keep a few things confidential. He actually had a different amount of money every month from his paycheck going to a separate bank account that she didn’t know anything about. And what I find as odd though is that I remember hanging up thinking, “well this is a bad situation for me to be in”, first, but then remember hanging up going, “how does she not know?” When they do their taxes at the end of the year – the W2, the paychecks? I don’t know how he’s pulled it off.

She may not even look at it. She might just sign her name if she’s not worried about checking it. A lot of people just sign.

How to Avoid Financial Infidelity in your Marriage?

Yeah, I guess so. So what do you recommend in a situation like that? Obviously, your business is divorce and getting it over with as easy as possible. But I’d like to say, “Don’t get divorced. Make an effort not to.” I would think that from somebody like you that’s pretty much heard it all, what’s some good advice you can give for people to not be in that situation? Is it, “don’t have separate accounts and maybe you should just have one” or is it “Have a financial date (as one of our TLPs says all the time) and talk about things.”

Well, I think I want to start off by saying that the show isn’t supposed to promote distrust on your spouse, first and foremost. We don’t want our listeners to take this, go home, and start doubting what their spouse is spending their money on. But I do think that you need to trust your instincts. If something feels like it’s a little bit off, look into it. Don’t just pretend like it’s not there because your instincts are oftentimes right. But as far as some practical advice, I would say that in my opinion it would be better to have one main account that all money goes into – whether it’s a dual income or single income. And then if you guys want to have separate operating expenses for your own personal enjoyment and going out – that you separate accounts and you decide on an allowance that you’ll give equal to each other. And that money gets taken out of the main one and given to you in your separate accounts. So if you each get 2500 dollars a month to spend on whatever you want, just discretionary expenses, and all the rest stays in that primary account, you’re going to be less likely to have situations where financial infidelity arise.

Forming Corporations in Orange County, California

A Corporation is one of the most commonly formed business entities in Orange County, California. In this business structure, the law perceives the business as a separate legal person from its owners. In other words, it has its own rights, it can file lawsuits, it can pay taxes, it can buy and sell properties and also, it can commit crimes. The biggest advantage of being a corporation is that the personal assets of its owners are protected from the legal liabilities that arise from the debts and obligations that the business may incur.

How to Incorporate a Business in California?

Incorporating a Business in Orange County

Business Incorporation in Orange County, CA

The term Incorporation refers to the process of forming a new Corporation. A business can incorporate by filing an application for charter with the state of California. These application forms filed are also referred to as Articles of Incorporation (or Certificate of Incorporation or the Corporate Charter). The Articles of Incorporation should include the purpose for forming the corporation, the names and addresses of the members of the corporation, the amount and kinds of stock that the corporation will be authorized to issue, and the right and privileges of each stockholder.

The first step you should take in order to incorporate your business in California is filing the applicable Articles of Incorporation with the Secretary of State. There are various Articles of Incorporation forms to choose from, and each has been drafted to meet the requirements of the State. You can either use the forms they provide, or have a corporate lawyer compose a statutorily compliant document for you. In California, it will cost you 100 USD for filing the Articles of Incorporation, plus an additional handling fee of 15 USD, paid over-the-counter.

The different Articles of Incorporations include:

  1. Articles of Incorporation of a General Stock Corporation (Form ARTS–GS)
  1. Articles of Incorporation of a Close Corporation (Form ARTS–CL)
  1. Articles of Incorporation of a Professional Corporation (Form ARTS–PC)
  1. Articles of Incorporation of a Nonprofit Mutual Benefit Corporation (Form ARTS–MU)
  1. Articles of Incorporation of a Nonprofit Public Benefit Corporation (Form ARTS–PB–501(c)(3))
  1. Articles of Incorporation of a Nonprofit Religious Corporation (Form ARTS–RE)
  1. Articles of Incorporation of a Common Interest Development Association (Form ARTS–CID)

It is important to remember that the documents you submit may be returned to you for correction without being filed. This usually happens when there are name issues, errors, omissions or misstatements in the submitted Articles of Incorporation. To make sure that all issues and concerns are addressed properly and that the filing is done correctly, you must consult with a corporate attorney in Orange County prior to submitting the documents to the Secretary of State.

Why Should a Business Incorporate?

There are various advantages of incorporating a business in California. The prominent advantage is that, in a corporation, shareholders are not liable for the actions of the company. Therefore, creditors cannot touch the owners’ personal assets if the corporation is unable to pay its debts and obligations.

Another advantage of being a corporation is that, unlike Sole Proprietorships and Partnerships, a corporation has unlimited life. In a Sole Proprietorship and in Partnerships, the company has to dissolve upon the death or bankruptcy of a particular owner or owners. A corporation, on the other hand, continues to exist in these situations. A Corporation will continue to operate indefinitely, until it has accomplished its objectives or has merged with another company, or if the corporation itself has gone bankrupt.

Another characteristic of a corporation that incorporators will enjoy is the transferability of the corporation’s shares. One of the main motivators for incorporating a business is to have an assurance that the ownership interest that a shareholder has invested in the company is readily sold, transferred or given away to another family member. In a Sole Proprietorship and in a Partnership, removing yourself of ownership in the company can be burdensome and costly. In the event of the slightest ownership change, properties need to be retitled, new deeds need to be drawn and many other administrative steps have to be taken.

Among the different business entities, Corporations attract more investors, and therefore are able to raise their investment capital. New investors are more attracted to corporations because of the limited liability characteristic of this business structure, and the easy transferability of their shares.

Who Plays What Roles in a Corporation?

California Business Incorporation

Corporations in Orange County, CA

In order for a Corporation to operate efficiently and effectively, there are certain roles that need to function. These roles include:

1. Board of Directors

The original Board of Directors in a Corporation is designated in the Articles of Incorporation that have been filed with the Secretary of State. It is the responsibility of the Directors to oversee the officers of the company, and to make sure that the business operates according to law, and corporate procedures. It is the legal duty of every Board Director to act in the corporation’s best interest, and not their own interests. Their other legal responsibilities included protecting the investments of all their stockholders in the corporation. The Board of Directors also has the power to appoint and to dismiss any of the corporation’s officers.

2. Stockholders

Stockholders, also known as shareholders, are those who have been granted stock by the business in exchange for their investment. Investments may be in the form of money or services done for the corporation. It is part of the stockholders’ responsibility to hold an annual meeting in order to elect the corporation’s Board of Directors. The corporation’s stockholders are not legally liable for any of the corporation’s debts and obligations.

3. Corporate Officers

The Corporate Officers are those given the responsibility of running the corporation daily. A typical set of Corporate Officers includes at least on Chief Executive Officer (CEO) and/or President, a Secretary and a Treasurer/Chief Financial Officer (CFO).

The Role of a Corporate Attorney in a Corporation

Business Attorneys in CA

Incorporation Attorneys in Orange County, California

If you want to have your business incorporated, it is wise to seek the assistance of a corporate attorney in Orange County, California. A corporate lawyer can help you with the Articles of Incorporation, starting your corporation, and can even help you throughout the existence of your business. Having a corporate lawyers contracted is very helpful in all the legal aspects of forming and running a corporation.

Corporate Records Management in Orange County, California

It is common for people to quickly say “no” when they are asked whether they want a receipt or not. But businesspeople should always ask for a receipt, regardless of what they are purchasing, especially if it is related to their business. Corporate lawyers in Orange County, California strongly advise good corporate record management to avoid problems, particularly with the IRS. Diligently collecting all receipts is part of good corporate record keeping. Learn a few tips about receipts and corporate record management by reading through this article.

1. All Receipts for Business Related Expenses Should Be Kept

This is very, very important. When tax time comes, the IRS requires that all small businesses in California have a receipt to support certain expenses made by your business. It does not matter if you are paying cash, using your credit card, or issuing a check; if you are making a purchase that is related to your business, it is imperative that you ask for a receipt.

2. Label All Your Receipts

There are lots of small businesses in Orange County, California that issue receipts with incomplete details. The only information you’ll find in many of these receipts is the amount that you paid and the date that you made the purchase. These details are not enough, and are not very helpful when you are trying to manage all of your corporate records properly. It is very important that you label your receipt with the details, such as the exact item you purchased, and for what purpose you bought it. Not only will you avoid problems when auditing comes, but you will also be able to keep track of your expenses.

3. Have All Your Receipts Scanned

There are times when the IRS might ask for documentation, and audit you up to 6 years back. It would be an issue if the receipts you’d collected from before had already faded by then. You can protect your business from any unnecessary legal problems if you have your receipts scanned. You can further back up your receipts by not only saving the file in your computer, but also by keeping a copy in a flash drive. Another cool way to have a digital copy of your receipt is to take a picture of it through your smartphone.

4. Do Not Depend on Credit Card Statements and Cancelled Checks

Credit card statements and cancelled checks are important for proper corporate record management in CA, but these are insufficient if you do not have the receipts. The IRS auditor will want to see the details of your expenses, and without receipts, you cannot adequately prove your statements.

5. Avoid Using Cash For Business Expenses

Many corporate lawyers in CA advice using cash for business expenses. Expenses made using cash are difficult to track, because cash is very easy to spend and almost always tedious to reconcile with receipts. It is more efficient to use debit cards and credit cards. Back them up by never forgetting to ask for a receipt.

Small Business Tips

Running a business is not as easy as many people may think. Having to deal with corporate records and other legal problems can be an additional burden. Make your business life easier by having a corporate attorney in Orange County, CA assist you with your company. There are various business attorneys in Orange County that are very competent, and readily able to help you in the legal aspects of your business.

Corporation Name: Tips On How To Choose a Name for your Business

Are you planning to put up a business in Orange County? Choosing a name for your company in Orange County, California is one of the most important things to do when starting a business. You must choose the company name carefully, because it is so tedious to change it later on. Moreover, the name you choose might give you an extra edge on your competitors.

The following are tips on choosing a name for your company:

1. A Company Name Must Stand Out

All businesses should strive to rise above their competitors. A common mistake made by many businesses in California when naming their company is making it sound like the names of other companies. Usually, this is because they are worried whether their business will be taken seriously by customers or not.

For a business to rise above its competitors, it should have a name that stands out. When you choose a business name, use the names of your competitors as examples of what to avoid.

2. A Company Name Should Not Have Generic Surnames

Some businesses use their owner’s full name for the corporation name. If so, make sure the family name is not generic. Only those who have a truly memorable or unique family name can get away with this. Generic surnames will not make you stand out from your competitors.

3. Do Not Use Descriptive Names for your Corporation Name

In the past, many companies used business names that were descriptive of their brand. Even corporate attorneys in California used to advice this. Although it was good advice at that time, it is not as applicable today. In fact, it may hurt your company more than it can help.

There is no need to have descriptive names these days, because there are many ways customers can figure out what you do. Customers can search you on Google, scan your QR code, or look your company up in the local phone book.

It can be a burden to think of a name that will describe everything you do at once. There are other things you can do to explain the nature of your business to your customers, particularly through your website and your business card.

4. Avoid Using Acronyms for your Business Name

These days, many corporate lawyers in CA would advise business owners to do away with acronyms for a business name. The fact it, there are already many businesses in the world that use acronyms. Stand out by avoiding them.

5. Do Not Use Faux Latin for your Company Name

A lot of people are fascinated by Latin words and that is why businesspeople like to use Latin-like words to name their corporation in California. Latin-like names (e.g. Accordis, Nutiva, Valero, Abertis and Veriton) are easy to trademark, because you can always make one up that no one has used before. But the problem is that so many companies have leaned toward using faux Latin that if you use this for naming your company, you still won’t be able to stand out.

Seek The Help of a Competent Corporate Attorney in California

Choosing a business name for your company can be tedious. You can make it easier for you by seeking the help of a corporate lawyer in Orange Company in California.

The Difference Between an S Corporation & C Corporation

S Corporations and C corporations are two of the most popular business entities when a company decides to incorporate. Once you have incorporated your business, you might want to be an S corp or a C corp. If you are choosing between the two, tax concerns are usually the major basis for making a decision.

Just like a partnership business structure, S Corporations do not pay any federal income taxes. The profits and losses of an S corp are passed through to the stockholders. These people will then report the income and losses on their personal tax return. This process is called single taxation.

C corporations, however, face double taxation. Double taxation means that the C corp pays federal income tax. All dividends paid to the stockholders are also taxed.

It is always best to have a corporate lawyer in California to assist you in deciding what business entity is most suited to your company.

Learn more of the differences between S Corps and C Corps by reading through this article:

Advantages of Being an S Corporation

A major advantage of being an S Corp is that income and losses are passed through to the shareholders of the company, and taxes are paid only once. Thus, double taxation is eliminated. It is important to check the laws and regulations of your state regarding this, because some states do not recognize S Corps and will tax the company just like a regular C corp. There are states that charge S Corps as state tax, even if the company will not have to pay federal income tax.

If your business becomes an S Corp, you as the owner are protected from liability. With S Corps, the personal assets of the owner and the shareholders are separate from the company’s assets.

Accounting is also easier with S corps, because you can simply use the cash method of accounting. It’s perfectly alright if you do not have any inventory. Moreover, with S corps you will have more room for investors. In fact, S corps can have up to 100 stockholders!

Disadvantages of Being an S Corporation

S Corps , just like other business entities, are required to file a number of official and federal documents, including the Articles of Incorporation. The company must also hold regular meeting with their stockholders, and the minutes of these meeting be filed. There are also a number of government fees that have to be met regularly.

There are also shareholder restrictions with S corps. In a C corp, shareholders are taxed only when they receive their dividends. But with S corps, the shareholders are taxed for any income that the company has, even if they have not received any portion of that income. Another restriction is that S corps shareholders are only allowed to issue one class of stack. Many investors can get discouraged by this.

Again, in order to know more about what you’re getting into when it comes to choosing a business entity for your company, it is always best to have a corporate attorney in Orange County, California to assist you.

You Need a Business Attorney to Handle Common Legal Issues in California

All businesses in California will face legal issues; if not now, then eventually. This is why all businesses, whether big or small, should have a corporate lawyer. Corporate lawyers make sure that your business is protected from various kinds of legal troubles. Here are a few of the most common legal issues faced by businesses in Orange County, California.

1. Complaining & Unsatisfied Customers

Dissatisfied customers is one of the most common legal issues faced by businesses in California, and this can be a huge problem, because they can file lawsuits against your company. What’s worse is that most complaining customers gather consumer groups and make a single issue larger than it is. They will sue you over almost anything, from incompetent service to faulty products. Moreover, dissatisfied customers tarnish your company’s reputation, especially if they approach media outlets for their complaints.

You need to have a corporate attorney to handle issues with unsatisfied customers. You are already busy running a company and you cannot overburden yourself by handling legal issues. Have a business attorney in California deal with issues like these, while you focus on running your business.

Wrongfully Terminated Employees

The law provides that you cannot let go of an employee without any final termination forms. Before you terminate incompetent employees, you need to make sure that he signs the necessary documents carefully drafted by your corporate lawyer in Orange County. Your corporate lawyer will make sure that the terms of his dismissal are communicated clearly.

Patent & Copyright Lawsuits

The business world is a very competitive environment. Sometimes it gets too competitive, because other companies will do anything they can to put down their competition. They will look for loop holes in your business and when you do make a mistake, they are quick to file a lawsuit, which will destroy your reputation and ultimately to shut you down. One of the common lawsuits that companies are quick to file are those regarding copyright and patent.

Besides having a business attorney in CA protect you if lawsuits do arise, you also need to make sure that your product development team researches the patents and copyrights of your products thoroughly, so that you can avoid unnecessary problems with your competitors.

The Need for A Corporate Lawyer

All companies, whether big or small, need to have a corporate attorney in California contracted. Not only will they be able to help you when legal issues arise, they also serve a lot of purpose in the company. Corporate lawyers in CA help in preparing contracts, keeping corporate records, and they assist in various legal aspects of a business. Having a corporate attorney in OC, CA contracted will protect your company form potential legal problems in the future.

 

Small Business California – Nikita Restaurant’s Commercial Wine Displays Malibu California

The restaurant industry is not only a very profitable business, but also a highly competitive one.  A small business California restaurant can gain a competitive advantage by providing consistently delicious and freshly prepared dishes that tantalize the palate and through creating an aesthetically appealing space that attracts the visual sense.

Nikita Restaurant in Malibu California

                                Nikita Restaurant in Malibu California

Nikita, the latest dining hotspot in Malibu, combines avant-garde cuisine, Zen-inspired décor, breathtaking scenery, and custom commercial wine displays to create a truly memorable gastronomic experience.  Located along the Pacific Coast Highway, Nikita Restaurant features expansive glass windows that provide a spectacular view of Carbon Beach and a spacious rooftop patio for alfresco dining.

The addition of commercial wine displays Malibu California in an upscale dining establishment such as Nikita Restaurant is a great way to spruce up the interior, which enhances both visual appeal and dining experience.  Commercial wine cellars are climate controlled commercial storage applications that double as showcase rooms, wherein wine offerings are tastefully displayed.

Commercial Wine Cellars - Nikita Restaurant

     Commercial Wine Cellars – Nikita Restaurant

Commercial wine cellars are carefully designed and constructed in order to create the best possible environment for cellaring wines, and to provide the most efficient storage and display solutions that will promote ease of inventory and product recognition.  Eye-catching commercial wine displays can potentially improve the image and stature of a small business California restaurant in the industry.

Commercial wine displays Malibu California provide wine racking solutions that allow restaurateurs to maximize the storage capacity of their custom wine room and attractively display their house specialty to patrons.  The designer for the commercial wine cellars Nikita project utilized Vintage View metal wine racks with black finish, as the material blends well with the Zen-like ambiance of the establishment.

Vintage View commercial wine displays have label forward features that allow for the horizontal placement of wine bottles with the labels facing forward.  The horizontal, label forward aspect of the racking solution promotes full visibility of bottle labels, which makes it easier for customers to peruse the wine collection and select a particular wine brand.

Commercial Wine Displays in Nikita Restaurant

Commercial Wine Displays in Nikita Restaurant

The commercial wine  displays Malibu California Nikita project has a total bottle capacity of over 1500 wine bottles.  Three-foot and four-foot tall metal wine racks dominate one area of the storage space.  These racking solutions were custom cut to fit within the finished walls and wood shelving.  Down below are X-cube bins for storing wines in bulk, as well as large format bottles.

Nikita Restaurant's Commercial Wine Racks

Nikita Restaurant’s Commercial Wine Racks

Custom floor to ceiling wine racks were installed next to the glass wall in front of the front wall and entryway in order to provide an unobstructed view of the different types of vintages available in a visually enticing way.  This type of racking solution creates a mosaic of bottle labels that not only pleases the eyes, but also makes it easier to find a specific bottle at a glance.

Small business California restaurants that invest in a custom commercial wine storage enhance the overall design and appearance their space.  A commercial wine room is the embodiment of the so called wine lifestyle that influences old and new wine aficionados to experience it to the fullest.  Striking wine cellar interiors and strategic bottle placement are profit generating additions, as they can greatly improve the sales of high margin products.

Wine Cellars by Coastal designed and built this commercial wine cellars for Nikita Restaurant.

Tips To Remember When a Business Incorporates

Many businesses in Orange County have incorporated. If you are a small business in California and you want to incorporate, there are a few things you need to know. Here are basic tips regarding incorporating a business:

1. Corporate & Personal Matters Should Be Kept Separate

When a business incorporates, it becomes an entirely separate entity from its owners. The law views a corporation as an entity that should pay taxes separate from its shareholders. Therefore, it is very important that you maintain a sound business process, in order to preserve the benefits and protections of the corporation’s legal status.

2. Carefully Decide On Your Company Name

It is imperative that you get the name of your company right the first time, because if you do need to change it later, you will have to make a lot of amendments to your articles of incorporation. Articles of Incorporation are the documents filed when a company decides to incorporate. If you decide to change your company name, you will have to work on these other details too: getting a new domain name, getting a new listing on the telephone and in other directories, and obtaining new stationary and other business documents.

3. Website Domain Name & Company Name Should Be The Same

If not the same, the domain name should at least bear some similarity to the name of your corporation. This will help a lot in your marketing strategy, as having the domain name the same or similar to your company name increases your business’ presence online. This also implies that, before you choose a name for your company, it is best to go online and check whether there is a domain name that will match your company name or not.

4. Business Lawyers Can Help You Incorporate

It is best to entrust the process of incorporating a business to a competent corporate attorney in Orange County, California. They not only complete and submit paperwork that is necessary for incorporation, they also make sure that processes in general are done right. Entrusting the process of incorporation to a good corporate lawyer ensures that you will avoid unnecessary legal issues in the future.

5. Deciding on a What Type of Business Entity

There are various kinds of structures of business to choose from. Of course, it is better to have a business attorney in California assist you in deciding what business structure is best for your company. If it is a huge, publicly traded company that you intend to put up, a C corporation would be a good choice of business structure, because stocks in this type of structure are easily transferred. Some entrepreneurs want an S corporation for tax reasons, but this structure is limited to no more than 75 stockholders, and each should be an individual. For a small business, a Limited Liability Company (or, LLC) is the best type of business structure. Other common kinds of business structures include limited partnership and single proprietorship.

Baseline California Diet Coach – A Good Small Business Opportunity in California

What You Need to Know About Obesity and Being Overweight

Obesity - The Harmful Effects

Obesity – The Harmful Effects

Obesity or, being overweight, is an affliction that is affecting millions of people worldwide.  Obesity is characterized by excess body fat percentage.  It is a chronic health condition that leads to an increased risk of health problems, such as coronary heart disease, diabetes, stroke, and high blood pressure.  Unwanted weight gain can be attributed to an unhealthy diet and poor lifestyle habits.

The Weight Loss Industry

The Weight Loss Help Industry

The Weight Loss Help Industry

The number of people suffering from obesity has been increasing steadily over the years.  This fact has led to the emergence of the weight loss industry, which now has an estimated worth of $60 billion.  The diet industry has been consistently churning out a variety of products and services aimed at curtailing weight gain.  These weight loss help products can be in the form of diet pills, meal replacements, or workout videos.

The weight loss industry is a profitable niche that business-minded diet coaches can tap into.  Although it is one of the most competitive industries in the US market, there is one way to stand out among industry rivals.  The key to out-valuing the competition is creating a weight loss help program that you believe in.  It is not enough to provide advice and tips on how to shed excess pounds.  You need to recommend a brand that demonstrates and reflects your experience as a California Diet Coach.

Being a California Diet Coach

Your goal in establishing a small business California weight loss center should not only focus on gaining profits, but also on changing lives, as well as improving overall health and wellness.  The Baseline Diet Solution is a diet program designed to help weight-challenged individuals reach and maintain the ideal body weight appropriate for their height.

Baseline Diet Solution – One of the Best California Diet Coach

Baseline Diet Solution California Diet Coach

Baseline Diet Solution California Diet Coach

Recommended by most California Diet Coach groups, the Baseline Diet Solution has been proven to be safe and effective in helping people achieve their target weight.  It is a weight loss program that centers on a diet format that is high in M&P fats and low in carbohydrates.  Baseline Diet employs well-established medical facts in its diet program that not only guarantees weight loss, but also improves the overall health and well-being of an individual.

Weight loss management solutions based on the Baseline Diet concept allows California Diet Coach groups to tailor diet programs according to the specific needs and desires of an individual.  Using the Baseline Diet Solution as the foundation of your small business California and incorporating your personal experience as a weight loss coach can attract and motivate individuals into applying your diet programs into their daily regimen.

California Diet Coach Weight Loss Help

California Diet Coach Weight Loss Help

As previously mentioned, you need to offer or recommend a brand that you believe in.  Being able to experience the program first-hand allows you to effectively demonstrate the end result to your target audience.  Take, for instance, Scott Fischer, the founder of Baseline Diet Solution, who lost a total of 103 pounds in one year by simply applying the Baseline Diet concept into his diet plan.

Showing people that you’ve gone through the same experience as they did will put you in a better position to steer them towards maintaining a healthy physique and lifestyle habits.  Motivating weight-challenged individuals to lose weight through your small business California gives you the opportunity to add value to their life, while earning profits at the same time.

Watch this video here to learn how Baseline Diet Solution can help you.

The Skills Required of a Competent Corporate Lawyer in California

Companies and small businesses in California should have a business attorney contracted. A corporate lawyer is an integral part of the success of any business. As you focus on running your business, the corporate attorney handles the legal aspects of the company.

Competent corporate attorneys in Orange County, CA make sure that future legal problems in the business can be avoided. They make sure that all contracts, documents and legal variables are well-made and taken cared of.

Just like doctors, different corporate lawyers in California also have special skills. To make sure you have the best corporate lawyer working for you, here are a few of the most important sets of skills that an attorney should have if you hire him or her:

BUSINESS ORGANIZATIONS

When you put up a business, you need to define its structure. Have a corporate attorney who can help you decide what type of business structure you want to have for your company. Examples of common business structures include a corporation, a limited liability company (LCC), and a limited partnership.

CONTRACTS

A good business lawyer is one who understands your business and is able to prepare standard form contracts that you will need. Contracts are always required when making agreements or deals with customers, clients and suppliers. A good corporate lawyer will also assist you in responding to contracts that other people will want you to sign.

TAXES AND LICENCES

Besides a lawyer, your business will need an accountant. The accountant will be able to help the company with many things, including preparing and filing business tax returns yearly. Before an accountant can do this, your corporate attorney should have already have registered your company for federal and state tax identification numbers. Your business lawyer should also be knowledgeable of the tax implications in the various business transactions that you might engage in.

REAL ESTATE

If you will be renting or leading a commercial space for your business, you will need a corporate attorney in Orange County, California who can add a standard tenant’s addendum to the lease contract. Lease contracts are usually drafted to benefit the owner alone, but with a good corporate attorney, you can make sure that the lease document has details and provisions that will benefit you as well.

INTELLECTUAL PROPERTY

The intellectual properties of a business are variables that need to be protected at all costs. These maintain the identity of a brand or a company. It is also important for a business attorney in California to register your products and services for trademark and copyright protection. There are specific corporate attorneys who specialize in the ins and outs of intellectual properties. Most of the time, if a lawyer claims to specialize in small business, that lawyer should also have a close working relationship with lawyers who specialize in intellectual properties.

These are only a few of the many important skills that a competent corporate lawyer in OC, California should have. Before hiring or having a lawyer contracted, evaluate them for these basic skills.

Searching for the Best Corporate Attorney in California

Many businesspeople find it very difficult to find the best corporate attorney for their company. Since it is very helpful for the company to have a corporate lawyer, one must go through it no matter how difficult. Here are a few tips on how to find the most competent lawyer for your business.

Rid Your Self of Prejudice Against Lawyers

Lawyers are known to be self-interested. They are also notorious for charging too much. The cliché, “lawyers are liars” makes attorneys look bad to many people. Because of these preconceived thoughts regarding lawyers, many businesspeople are mistrustful of the lawyers that they hire. The truth is, these negative notions about lawyers are not applicable to all. Most corporate lawyers in California are very dedicated to their work. If you want a competent corporate attorney, you must let go of your negative thoughts about lawyers and build a relationship with them through a positive mindset.

The Lawyer You Hire Should Share the Same Vision With You & Your Business

Each lawyer has a different field of expertise. Some lawyers specialize in corporate litigation, others in fashion law, sports law, or intellectual property matters. The corporate attorney in Orange County, CA that you choose should be someone who can identify  themselves with the vision you have for your business. Therefore, before hiring a lawyer, research his background first. Check the lawyer’s areas of practice in the past, and the business niches that he used to work in.

Thoroughly Express & Explain What You Need From the Corporate Lawyer

It is imperative that you share with the attorney you are going to hire the nature of your business and what specific help you will be needing from them. This should happen at the initial consultation. Many corporate lawyers in Orange County will do an initial consultation without charge. If you are not sure of what help you will need from them, tell them.

Of course, as much as you are able to express your side freely, you should also allow the corporate attorney to do his job as well, by having an open ear to listen to his expertise. Be willing to trust your corporate counsel when he assists you in legal decision making.

Establish Rates Clearly

The services of some corporate lawyers are more expensive than others. Some have a fixed hourly rates, too. When it comes to the value of a corporate attorney in Orange County, CA, businesspeople should remember that you are not only paying for their service, but also for the assurance that you will be spared from a lot of legal problems later on. The assurance that your stresses in running a company will be minimized is priceless. Nevertheless, it remains important to establish clearly the rates in the beginning of the lawyer-client relationship.

Fat Burning Diet and Weight Loss as a Lucrative Small Business Niche

A weight loss business is a profitable small business enterprise that enables you to help people develop healthy eating habits (such as going on a fat burning diet) and lifestyle, in addition to providing lucrative small business earnings.   Entrepreneurs in the diet industry can promote a range of weight loss solutions, ranging from meal plans to workout routines.  Some even venture into publishing books and creating videos on proper weight loss management, following the right fat burning diet, and the facts behind hunger and body fat.

Why Weight Loss Solution is a Potential Small Business Niche

Fat Burning Diet and Weight Loss - Small Business Niche

Fat Burning Diet and Weight Loss – Small Business Niche

The growing obesity market is rife with opportunities for weight loss entrepreneurs to tap into and build a successful small business niche through.  The number of adults with growing waistlines has increased over time and shows no signs of slowing down.  In the United States alone, nearly 150 million people are considered overweight or obese.

Obesity has become a major global health concern in the last decade.  It is a health condition characterized by the accumulation of large amounts of fat in the body and has been observed in both children and adults.  Being overweight can adversely affect the overall health and well-being of an individual, thus increasing the chance of disease and/or reducing life expectancy.

Obesity - Major Health Complications

Obesity – Major Health Complications

Obesity can lead to various health risks and consequences, including coronary heart disease, hypertension, stroke, osteoarthritis, obstructive sleep apnea, and type 2 diabetes.  Excessive body fat accumulation can be attributed to increased food intake and a lack of physical activity.  Metabolic rate and genetics are also said to have a significant influence on weight.

Regulated food intake and physical exercise are considered as mainstays for attaining and maintaining a healthy physique and lifestyle.  Weight loss entrepreneurs should tailor their products and services around these two precepts.

Fat Burning Diet as a Weight Loss Solution for Potential Clients

Fat Burning Diet

Fat Burning Diet

The success of your diet business depends on the products and services that you offer clients.  Develop specific fat burning diet programs and fitness routines that will encourage weight-challenged individuals to adopt in their daily lives and at the same time provide a more advanced regimen for people who are accustomed to an active lifestyle.

There are various weight loss solutions that can be incorporated into your weight loss management programs, such as the baseline diet solution, which implements fat burning foods in its weight loss program guidelines.  The fat burning diet model focuses on food that helps burn fat efficiently.  Fat burning foods have a high thermogenic effect that requires the body to work harder during digestion, thus reducing the amount of calories that the body absorbs.

California Diet Coach on Diet Facts

California Diet Coach on Diet Facts

The Baseline diet solution is founded on basic medical science that shows the significant relationship between carbohydrates, body fat, and weight loss management.  It aims to stimulate hormones that stop hunger pangs.

California diet coach groups recommend the baseline diet solution because of its natural and healthy approach to encouraging healthy habits that can improve the overall health and wellness of an individual.  This weight loss solution focuses on maintaining a high M&P fat and low carb diet that will lead to the elimination of constant hunger and body fat percentage reduction.

Baseline Diet Solution - Weight Loss Help

Baseline Diet Solution – Weight Loss Help

You should also create adaptable weight loss exercises that can be integrated into your diet plan for the optimum health and well-being of your clients.  Providing additional service, like one-on-one counseling with clients, can potentially help distinguish your diet business from the already crowded weight loss market.

Basics Trade Show Events & Trade Show Marketing Strategies

If you are planning to market your small business in California through a trade show event, you must know the basics of how to set up a successful trade show marketing strategy. In a trade show exhibit, there are booths that stand out and others that do not. You marketing strategies will determine if your trade show booth will stand out from competition. Here are tips on what to do before, during and after a trade show event.

1. Things To Do Before the Trade Show Event

Make The Public Aware That Your Business Will Be Part of The Trade Show. Way before the trade show event, people should know that your small business will be participating. One way to do this is to use banners on your business website that includes your booth number. You may consider promoting your presence in the trade show event by announcing it on newspaper ads, radio announcements and other local events.

Let Your Existing Customers Know Of Your Upcoming Trade Show Exhibit Participation. Most of the time, small businesses in California already have customers who are very loyal to them. Invite these existing customers to the upcoming trade show event though special invites, company catalogues or a simple email. Include the special offers that they might get during the trade show event. Also, since most of these customers have already tried and tested your products and services, encourage them to bring along their friends and relatives to the event. That’s free marketing for you already!

Make Use of Free Marketing Through Social Media. Social networking sites like Facebook and Twitter are powerful tools of promotion. What’s more is that you need not spend to announce your participation in the trade show event.

2. Things To Do During The Trade Show Event

Plan and Make a Good Trade Show Booth. The design of your trade show booth matters. You need to be creative in making your trade show display because your aim should be to make your display stand out from the competitions’. Your competitors will work hard to make a good trade show booth, and you should too if you want to stand out.

Select Your Trade Show Booth Staff Well. The staff you assign to be at your trade show booth should have pleasing personalities, should be enthusiastic and should be knowledgeable about your company. They should not only be able to entertain guests well, but also answer their questions appropriately. A beautifully designed booth will be of no use if the staff is incompetent.

3. Things to Do After the Trade Show Event

Follow Up is Imperative!  All your efforts before and during the trade show exhibit will be put to waste if you do not follow up your potential clients and business contacts that you met during the trade show event. There are many ways to follow them up. You can email them, call them or even organize a corporate dinner for you to gather them.

The Importance of Communicating with Customers Regularly & Effectively

Many business owners take the importance of speaking with their customers on a regular basis for granted. These days, the competition in the market is so tough that there is a need to communicate with your customers regularly. In fact, if you do not make this effort, your competition will overrun you. It is essential that a business be able to capture its customers’ attention and keep the conversation going. Learn the following tips on communicating and connecting with customers:

Communicate Even Without Seeing Your Customers in Person

Seeing your customers in person and talking to them is very, very important. This should be supplemented by other means of communication, such as video conferencing online through softwares (like Skype). Video is key to this form of communication, because phone calls don’t assure that the person on the other line is paying attention. Video conferencing makes sure that both persons on the line are present and engaged. Since you can see each other, you can connect in a more personal level than you would through hearing each other alone.

Provide Your Customers With Something Valuable in between Sales

Many times, the company-customer relationship can be like dating. In the beginning, the company seems to be very focused and attentive, but then when they get what they want from the customer, the relationship starts to become cool off and eventually turns stale. Keep the company-customer relationship healthy by providing them with something valuable. Doing this makes the customers want to avail of your products and services again and again. An example of something valuable is sending interesting emails. These emails may contain newsletters and information that they can benefit from. You can take this a step further by getting them to be part of a webinar hosting. A webinar hosting is an online seminar wherein a speaker will talk about a topic that your customers are interested in.

Make Use of a Virtual Trade Show

Trade show marketing has always been a good way to increase sales. Imagine if you could have a trade show exhibit for your business all day every day for the entire year. This is possible by having your own virtual trade show. Virtual trade shows are 3D versions of a physical trade show exhibit and can be accessed by your customers online anytime. These virtual trade shows are complete with the expo hall, booths, giveaways and everything that is in an actual trade show display.

Corporate Lawyers in California Assist Businesses in Choosing Their Form of Business Entity

Business owners need to decide what form of business entity they want their company to be. This process of choosing can be a difficult task, which is why it is important to have a corporate attorney in Orange County, CA to help them pick the right one. Learn about the most common forms of business entities by reading through this article.

1. General Partnership

A general partnership or a joint venture is the least expensive type of business entity to form, not to mention the easiest. This is because in a general partnership, no documentations and other filings need to be done with any agency. The only imperative requirement is that a signed written agreement be made between the involved people so that each one’s roles and responsibilities are defined accordingly. Moreover, since there is no filing or documentation with an agency required, the individual partners can choose to remain anonymous and keep their privacy.

One disadvantage of this kind of business entity is that all partners are jointly responsible for any obligation, debt and liability that one partner incurs. It’s an one for all and all for one accountability scenario.

2. Corporation

Unlike a general partnership, a corporation requires articles of incorporation filed with the secretary of state. If there is no close corporation formed, a centralized management is usually chosen in a corporation where there are directors and officers elected annually. All profits and losses are indiscriminately allocated to each shareholder. Moreover, corporations (except for Subchapter S corporations), are subject to double taxation (first during the corporate level and second when profits are distributed among stockholders). Of course, the company itself is taxed and not the stockholders because the company is viewed by the government as an individual entity apart from its owners.

What makes a lot of companies decide to incorporate is the fact that a corporation provides limited liability to its business owners. Basically, if there is no fraud or the like, then owners have absolutely no liability for any of the company’s obligations.

3. Limited Partnership

A limited partnership is similar to a general partnership where there are at least 2 individuals or entities join to form the company. The difference is that in a limited partnership, one partner has full control of the company while the others only have limited control. This also means that that one partner has unlimited liability for partnership obligation while the other partners do not.

One of the disadvantages of this setup is that it is more complicated compared to the other forms of business entities. This is why, although a limited partnership does not require a written agreement, most limited partners request one made so that the partner with unlimited control will be made accountable to operate the company according to the agreement made between them.

4. Limited Liability Company (LLC)

The setup of a limited liability company is like a cross of a general partnership and a corporation. The LCC has pass through taxation just like a general partnership and has a centralized management system just like a corporation.

There is a lot of flexibility in the structure of an LLC. The business owners of the company can have an agreement on how the company will be run and managed. They may decide to have managers just like how a corporation has board of directors or they may choose to have the members manage just like how a general partnership is managed by the partners.

Seek the Assistance of a Corporate Attorney in Orange County, CA

It is important that a business owner chooses the appropriate structure for his business. To know which business entity is best suited for your company, it is best to seek the counsel of a competent corporate lawyer in Orange County, California. Have one contracted at your convenience.