Unauthorized Business in North Carolina

Posted by Jeremy BraschJun 08, 20180 Comments

So you just moved to North Carolina, you've brought you out of state business with you, and you're ready to set up shop. You're all set, right? Wrong! The questions remain: did you get a Certificate of Authority from the North Carolina Secretary of State to operate here? And if you didn't, what a...

Franchisee - You Might Not Be Important!

Posted by Jeremy BraschJun 06, 20180 Comments

 “EXCITEMENT!” was my feeling upon buying my first franchise. Ignorance was bliss, and I blissfully became bound to a franchise. Devoid of legal support, choosing instead to rely upon the expertise of the franchisor, I willingly entered into a contract binding me for over a decade. I was ready to...

The Top 9 Issues Startups Do Not Consider

Posted by Jeremy BraschJun 01, 20180 Comments

Startup Strategy As a business attorney and entrepreneur, I've seen many startups make the same mistakes.  Before your startup sees life, consider The Top 9 Issues Startups Do Not Consider.    1. The End Game: When starting a business consider the end. Buy-Sell Agreements are a must! Rarely do st...

Forming a “Benefit” Corporation in North Carolina

Posted by Jeremy BraschMay 30, 20180 Comments

What are Benefit Corporations?  Benefit Corporations are for-profit companies specifically designed for philanthropy.   Becoming a “Benefit Corporation” means being certified by the nonprofit organization “B Lab” to meet rigorous standards in specific areas such as civil, social, and ecological. ...

Negative Online Reviews? Your Business Can Prevail!

Posted by Jeremy BraschMay 26, 20180 Comments

Has your business ever received a negative online review?  This is commonplace, but have you ever received a negative online review when you did nothing wrong? The public has many opportunities to provide online reviews.  Most would agree that online customer reviews provide convenience and ease ...

Use Scrutiny When Vetting the Franchisor

Posted by Jeremy BraschMay 25, 20180 Comments

Franchise Vetting As a franchise-attorney and former franchisee, I know the significance of buying a franchise.  For most, it is the single biggest investment of a lifetime.   Considering the magnitude of the investment, the amount of pre-purchase due diligence should equal the financial investme...

In the Land of Ambiguity, a Sound Contract Reigns Supreme

Posted by Jeremy BraschMay 12, 20180 Comments

 Negotiating a transaction always ends smoothly. Issues never arise. And, you are still dreaming! In truth, transactions frequently experience hiccups. Differences in opinion usually arise. A savvy negotiator knows to expect conflict, whether negotiating the purchase of a car, installing a bathro...

How to Terminate Your Franchise Agreement

Posted by Jeremy BraschMay 04, 20180 Comments

The Franchise Agreement is the contract to which the franchisee is bound.  It governs the relationship, supplies the terms, and acts to bind the franchisor and franchisee.  Breaking the Agreement Franchise law is unique and different from other bodies of law.  Therefore, terminating the Franchise...

Are You Following Corporate Formalities?

Posted by Jeremy BraschApr 27, 20180 Comments

With the popularity of Limited Liability Companies (LLCs) corporations are not as common as they once were.  Yet, today corporations are still advisable for many.  Often business owners choose to utilize the tax savings realized through S Corps.  Additionally, rollovers as business start-ups (ROB...

How to Start a Business – the Two Startup Documents

Posted by Jeremy BraschApr 21, 20180 Comments

The Two Most Important Documents to a Startup This is part of Providence Law's ongoing series of legal articles devoted to startup businesses.  This series will also serve as a reference for those businesses already operational, so as to ensure all proper formalities have been met. Every business...

Foreclosure Victims - Claim Your Surplus Funds!

Posted by Jeremy BraschApr 19, 20180 Comments

Foreclosure victims are frequently entitled to money after a foreclosure sale. The funds remaining after satisfying all lienholder obligations belong to the homeowner (mortgagor). These funds are called Surplus Funds. Sadly, they are often left unclaimed. The process for recovery is multistep. It...

Save $$$ ... Limit Risk - Early Stage Contract Review

Posted by Jeremy BraschApr 10, 20180 Comments

Pre-contract review is the key to saving money and limiting risk.  Pre-contract review means having an attorney review the contract before you agree and are bound.  Attorneys are trained to spot issues and red flags.  By having an attorney analyze your contract before it is entered into and mutua...

What Is "the Best" Franchise?

Posted by Jeremy BraschApr 06, 20180 Comments

A lot like people, franchises come in all shapes and sizes.  Some have a large presence and a correspondingly expensive buy-in, while others have few locations and can be reasonable to acquire.  This article provides guidance for preliminary due diligence and learned discovery.   Recently I was a...

Independent Contractors Are Not "Employees"

Posted by Jeremy BraschMar 20, 20180 Comments

Independent Contractors or Employees?             I'll bet a dollar to a donut that you know someone working as an independent contractor.  Recently made famous in the Uber class action lawsuit, this is an increasingly common practice.  Independent contractors reflect a change in business practic...

Home Office Deductions

Posted by Jeremy BraschMar 18, 20180 Comments

Everybody works from home.  It is convenient and can save lots of money.   And, we all know that controlling expenses are critical to a small business.  This article by Hunter Widener, tells how you can deduct expenses attributable to your home-based office.      "Entrepreneurs, small business ow...

Open the Flood Gates With a Personal Guarantee

Posted by Jeremy BraschMar 01, 20180 Comments

What are Personal Guarantees and Why On Earth would anybody sign one? Personal Guarantees are a promise to pay the corporate debt if the corporation is unable to do so.   A personal guarantee can eliminate the primary benefit of a corporation, in that the individual owner can be exposed to full p...

The Often-Overlooked ROI Booster (Incentives)

Posted by Jeremy BraschFeb 27, 20180 Comments

One of the most important factors to consider when investing in real estate is the Return on Investment (ROI). Projected ROI is crucial today as investors are evaluating whether to continue investing in real estate (a bull market at present) versus traditional mediums, such as the stock market ro...

Last Will and Testament & Living Trust in a Nutshell

Posted by Jeremy BraschFeb 06, 20180 Comments

What will happen to my assets after I'm gone? If you are asking yourself this question, you may also be asking yourself: Should I create a Last Will and Testament (a “Will”) or a “Living Trust”? What is the difference? These are the two most common forms of estate plans and hopefully, this nutshe...

One to Buy, Two to Sell & Inherited Property

Posted by Jeremy BraschJan 26, 20180 Comments

The Year's Allowance  “One to Buy; Two to Sell” is a saying in North Carolina real estate, referring to a marital interest.  It is commonly used, yet rarely understood.  The purpose of this article is to clarify the oft-expressed expression.  In North Carolina, when a couple marries and later buy...

Workforce Housing - Profitable Philanthropy

Posted by Jeremy BraschJan 22, 20180 Comments

Charlotte Real Estate Development  The economic success of our beloved city is great for real estate. Profitable opportunity abounds and growth is omnipresent. But, there is a detriment lurking in the shadows of our prosperity - a lack of housing for our general workforce.  Charlotte is experienc...

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