In this day and age, if you purchase products online, you probably already know the basics of being a safe shopper. A safe shopper would never enter their credit card information on a screen that did not indicate that it was a “secure” site. A safe shopper would never buy a product without carefully reading the product description in order to fully understand what was being purchased. A safe shopper would always make sure that purchases were made from a reputable seller. But as a safe shopper, have you ever checked to see what your legal rights are if an online purchase goes horribly wrong? (more…)
Corporate and Business Blog
ONLINE SHOPPING 101: Do You Know Your Legal Rights?
Tuesday, January 31st, 2012Limited Partner? General Partner? What Does It Matter, We’re All Friends, Right?
Thursday, January 19th, 2012Even if the answer to the question is “Yes, we’re all friends,” the liabilities of a limited partner and a general partner in a partnership can mean a big difference. General partners are personally responsible for the debts and obligations of the partnership, regardless of how much capital the general partner has contributed to the firm. If there is more than one general partner, then the general partners are jointly liable for these obligations. These obligations can include liability for torts committed by a partner in the ordinary course of business of the partnership or with prior authorization, and a partner’s breach of trust. (more…)
Due Diligence 360: Searches
Thursday, December 29th, 2011When considering a purchase of a business or the assets of a business, a buyer typically thinks of conducting a UCC financing statement search with the Secretary of State’s Office in the state where the seller is organized. A UCC financing statement lien is typically a consensual lien created between a lender and a borrower where the borrower has granted a security interest in its personal property to the lender. The lender perfects its security interest by filing a UCC financing statement. However, in order for the buyer to find all potential liens on personal property, the buyer must broaden the scope of his or lien search.
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Indiana Chief Justice Shepard to Retire
Wednesday, December 7th, 2011Indiana Chief Justice Randall T. Shepard announced today that he will be retiring from his post in March 2012. The Chief Justice is an Evansville native, a former Vanderburgh County Judge, and the former executive assistant to Mayor Russell Lloyd. He was appointed to the Indiana Supreme Court in 1985 by then Governor Orr, and he became Chief Justice in 1987. He is the longest serving state court Chief Justice in the entire country. He is also the only Chief Justice from Evansville. (more…)
FOREIGN QUALIFICATION: Is Your Business in Compliance?
Tuesday, December 6th, 2011A corporation, limited liability company, or other business entity is formed under the laws of the particular state. However, when that business operates in other states outside of its home state, the business entity will often be required to qualify as a foreign business entity in those other jurisdictions in which it is doing business. The process of qualification as a foreign business entity in a particular state is usually a simple process that requires filing an application in the foreign state, obtaining a registered agent located in the foreign state, and paying a fee. Once the business entity has been qualified in a foreign state, then the business entity will usually be subject to ongoing compliance requirements such as filing business reports and maintaining a registered agent in the foreign state.
The consequences of failing to register as a foreign business entity in a state where the business is operating can vary. However, the penalty in most states usually involves some combination of a monetary fine and the prohibition of the business from filing any lawsuits in the foreign state. Not all activity that a business may engage in, in a foreign state, will require them to register as a foreign entity. What constitutes doing business in a state varies from state to state. Most state laws do not define what constitutes doing business in the state, but often contain a list of what does not constitute doing business in the state. These lists typically include things such as maintaining a bank account, soliciting orders that require acceptance outside the state, or engaging in an isolated transaction.
If you have questions about whether or not your business’ activity in a foreign state would subject you to the requirements of foreign registration in that state, please contact a Bamberger attorney.
Author: Laura A. Scott (bio)
Phone: 812.452.3557
email: lscott@bamberger.com
Upcoming Seminar – Hot Topics in Manufacturing
Monday, November 14th, 2011Bamberger will be joining forces with Harding, Shymanski & Company, P.S.C. and University of Southern Indiana to host a seminar focused on hot topics in manufacturing on Thursday, December 1, 2011 from 7:30 am-9:45 am at the USI Business and Engineering Center. The featured speakers are Daniela Vidal (USI), Kathy Ettensohn (Harding), Shannon Brewer (Harding) and Jamie Dameron (Bamberger). (more…)
Why is My Employer’s Attorney Giving Me a Miranda Warning?
Thursday, November 10th, 2011In an era of accounting and securities scandals there seem to be more and more internal corporate investigations. If you happen to work for an employer that gets caught up in one of these internal investigations you may be interviewed by your employer’s outside lawyers. If this happens you need to be aware that these attorneys probably do not represent your interests even though you are an employee of the company that they represent. You may want to consider hiring your own counsel to be in attendance at these interviews to represent your interests. (more…)
Kicking the Tires on a Business Purchase
Tuesday, October 25th, 2011Purchasing a business or the assets of a business can be a risky proposition. One way you can decrease the risks to yourself as a buyer is to obtain as much information about the business as possible. (more…)
Bamberger Seminar – 3rd Annual Employment Law Horror Stories
Wednesday, September 28th, 2011Back by popular demand, join the attorneys at Bamberger for the 3rd Annual Employment Law Horror Stories seminar presentation. This complimentary seminar will be held on Wednesday, October 26th from 7:45-9:00 am. (more…)
Ten Questions to Ask Before Starting a Non-profit
Friday, September 23rd, 2011Many of us enjoy the satisfaction that comes from working with a charitable organization, but often we do not realize the substantial work that goes into forming and operating a non-profit organization. Sometimes when a group of people come together with a common charitable mission in mind, they believe that the appropriate first step is to form a non-profit organization. This is not always the right thing to do. Before deciding to form a non-profit organization, organizers should answer these 10 questions in order to see if forming a not-for-profit organization is really necessary: (more…)