The Great Business Rumble: Asset Purchase vs. Stock Purchase – Unraveling the Tangle
At Fox & Moghul, we often get queries on the difference between Asset and Stock Purchases. In the bustling world of business acquisitions, two heavyweights often step into the ring: Asset Purchase and Stock Purchase. Each possesses its unique strengths, and understanding their differences is crucial in choosing the right champion for your business deal.
The Friendly Lien: A Creative Asset Protection Strategy with LLCs
At Fox & Moghul, we get frequent calls from real estate investors looking for the “best” asset protection strategy. Well, here is one for the creative types. The Friendly Lien, a clever and innovative approach to asset protection, takes advantage of the legal structure and versatility of Limited Liability Companies (LLCs). This strategy employs the
WHEN CAN YOU SUE YOUR BUSINESS PARTNER FOR HARMING YOUR BUSINESS – 3 ILLUSTRATIVE EXAMPLES.
Fox & Moghul receives many queries every day regarding disputes between business partners. In a Limited Liability Company (LLC) in Virginia, each member and manager owes fiduciary duties to the entity to further its best interests. These duties include the duty of loyalty and the duty of care. In simple terms, fiduciary duties require business
Analyzing Virginia Law on Corporate Veil Piercing: A Closer Look at the Concept
Introduction At Fox & Moghul, clients who call us are often confused by the concept of “veil piercing.” This article will attempt to simplify the process. The concept of corporate veil piercing is an important legal principle that allows creditors and litigants to hold shareholders or members personally liable for the debts or obligations of
10 MUST HAVE CLAUSES IN YOUR LLC OPERATING AGREEMENTS
If you are a visitor to this blog, please see our prior blogs containing an extensive discussion of the types of business entities, the structure of LLCs, investing in real estate using LLCs, and collecting a judgment from LLCs. You may also want to read this introductory note on asset protection methods before reading further.
What is a Partition for Allotment in Virginia?
Virginia recently passed several new laws that affect guardianships, conservatorships, trusts, and estates. These new laws went into effect on July 1, 2020. One of these changes involves partition for allotment. Below, we will discuss what a partition for allotment is and how a new law changes the practice of partition for allotment.
How to Form a Corporation in Virginia
Many Virginia residents dream of the day they can start their own business, but the process for forming a legal business entity can be confusing. Many entrepreneurs are unsure where they should start or what type of business entity they should use to start their business. Forming a corporation in Virginia may not be as
Applying for a Business License: Tips for Virginia Residents
Applying for the necessary business licenses is one of the essential steps for starting a small business in Virginia. Businesses are legal entities, meaning they can own bank accounts, own property, and pay taxes almost as if they were a Virginia citizen. In Virginia and every other state, you must obtain a business license before
The Virginia Uniform Partnership Act: What is it and How Will it Impact My Business?
Are you interested in starting a business with one or more business partners in Virginia? Or, have you already formed a partnership? Understanding the Virginia Uniform Partnership Act (VUPA) will help you as you run your business. Virginia is one of 37 states that has adopted the Revised Uniform Partnership Act. The VUPA governs business
Can I Force My Business Partner to Buy Me Out?
It is common for business partners to experience conflict, and in some cases, these disputes are serious. If you have decided that you are not able to reconcile with your business partner, it may be time for you to leave the company altogether. If you want to leave your business, but your other partner or
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