Nondisparagement clauses have gained popularity due to the many outlets consumers have available to leave reviews about businesses. The internet has made it much easier for customers and consumers to voice their opinions about businesses, both positive and negative. As much as these reviews have helped the everyday consumer's purchase decisions, it's also mired and hurt the bottom line for many businesses - large or small. So, what is a nondisparagement clause? It is language inserted in a contract or agreement that attempts to prevent the receiver of a good or service from posting negative reviews about the seller or service provider. They are also known as a "gag clause." If you are considering adding this clause into your contract or terms of service, you might want to consider seeking legal counsel before doing so.
Do You Need a Nondisparagement Clause?
Partnership Representative Clauses and Why You Need One
The Tax Equity and Fiscal Responsibility Act (TEFRA) once governed the auditing process for LLCs that are taxed as partnerships. Previously, the IRS could not hold the LLC responsible for federal income tax deficiencies, only the members of the LLC were liable. TEFRA has since been repealed and effective January 1, 2018 the Bipartisan Budget Act of 2015 governs the auditing procedures. This adjustment allows the IRS to collect underpaid taxes directly from the LLC if the LLC is taxed as a partnership rather than a C-corp or S-corp. This important change will require companies to update their operating agreements.
4 Things Before You Sign a Commercial Lease
Signing a commercial lease as a business owner should not be taken lightly. A business owners' biggest expense may be a store-front or office space when they are first starting out. Like any contract, it may be too late to make any changes to a commercial lease once you've signed it. A commercial lease is a legal, binding document that may prevent you from growing your business - or worse, run it into the ground. Here are four simple things to consider before signing your commercial lease.
5 Things to Know Before Investing in a Small Business
There are many reasons to invest in a start-up. Small-business investments have been one of the more popular ways individuals and families begin their journey to financial independence. The right investment, in the right company, at the right time can be very lucrative. That being said, there is a possibility of losing your entire investment without ever seeing a profit. Working with an investment broker is one way to go about the investment, but there are many investments that happen privately. Most small-business investment opportunities come from friends, family, colleagues, or by word-of-mouth. If you ever find yourself with an opportunity to invest in a business, we would suggest you tread carefully. Here are some things to remember when preparing to invest in a start-up company.
Business Status: Dissolution vs. Revocation
There are many things to keep track of as a business owner. One of those is your business's current status with the State of Nevada. Keeping an eye on your standing with the state is simple but it's not uncommon for businesses to find themselves in default or revoked status. There are also business owners that find that their business has run its course and decide to dissolve the entity with the state. There is clearly a difference between dissolution and revocation. What are the differences and is it okay to let a business be revoked?
Planning for the Unexpected as a New Business Owner
More than half of all new restaurants fail within the first year, and the statistics for other types of business aren't much higher. When you come up with a new business idea, you might spend years researching your idea and comparing other businesses before looking at funding or applying for loans. The most successful business owners plan for the unexpected problems that can pop up in the future.
Nevada Short-Term Residential Rentals
With the rising popularity of short-term rental investments, and the growing interest of the public to find hotel alternatives, the local government in Nevada decided to take a closer look into the short-term rental industry. It's no surprise that the local authorities have begun to crack down on rentals without proper documentation. It's not only the government questioning these rentals but the neighbors of these homes as well. If you're planning on converting property in Southern Nevada into a short-term rental listing then you'll want to make sure you protect your investment with the proper documentation.
Nonprofits in Nevada
The range of nonprofit organizations in Nevada is ever growing. It's no secret that nonprofits are eligible for a federal tax exempt status and this makes forming this type of entity popular with potential business owners. But the increasing popularity has also brought more dishonesty. In the current climate of nonprofits, with news stories of organizational corruption increasing, the Internal Revenue Service began to narrow its focus on the organizations and excess benefit transactions.
Women and Minority Owned Businesses
There are many advantages in Nevada for businesses and entrepreneurs. However, minority-owned businesses have historically been less successful in the state. Many minority-owned businesses don't have access to needed capital. Along with capital, they need proper management and training in order to contend for contracts and stay alive in the market. Beginning next year (2018), Assembly Bill No. 436 will require the Secretary of State to ensure that information for private and public programs to obtain financing and certifications are available to disadvantaged business enterprise.
Are You Ready to Enter a Business Partnership?
If you're a small business owner, you've most-likely considered entering a partnership at one point or another. From an outsider's perspective, joining a partnership can seem like a great use of resources, capital, and energy. However, most partnerships don't pan out the way partners would hope because many business partners enter a partnership for all of the wrong reasons. Some of these reasons include not having enough connections, shortage of financing, lack of skill set, or simply not wanting to operate alone. That being said, there are many variables that may come into play and derail a partnership as the business picks up.
