Joe Kristan of the Tax Update Blog has a very interesting post on So What is the Right S Corporation Salary? The blog post discusses a recent 8th Circuit case where a West Des Moines accountant had to pay FICA taxes on about $91,000 of his earnings from his professional S corporation –rather than $24,000–
Buying & Selling a Business
To LLC or Not LLC? That is the Question
I recently had a meeting with a startup company that has tremendous potential for growth. If the idea for the business is to take off, it’s likely they will need some capital injection along the way, especially if the owners want the growth they hope for in a short amount of time.
One question we discussed…
Iowa Creativity Summit March 1st at Drake University
Lawyers are not immediately recognized as the most creative souls on the planet but some of the best lawyers I know definitely have the the creative spark. I have seen many who were classic doodlers, photographers and painters. Some of them were also the most creative in the courtroom and ultimately very successful in winning cases. That’s why I am…
Employers: Are you Protecting Your Intellectual Property Rights?
Jason Shinn of the Michigan Employment Law Advisor had a great post entitled "Is your company making this mistake when it comes to employees and intellectual property?" The post centers on a lawsuit filed by an employee of Marvel Entertainment who claimed he created the Ghost Rider character back in the 1970s. With the recent success…
Franchise Agreement Negotiation Red Flag: We Won’t Hold You to It
By Rush Nigut on
In this video I discuss a red flag I’ve seen come up in franchise agreement negotiation. Sometimes a franchisor will tell a prospective franchisee that they can’t (or won’t) change the franchise agreement. That’s just fine but my problem comes when they say, "Don’t worry though, we won’t hold you to that provision." That is…
The Franchise Contract is Over. What Next?
By Rush Nigut on
Maryland franchise lawyer Jeff Fabian has an excellent blog post on the issues to consider when the franchise agreement terminates on the Franchise Help blog.
In my experience many franchisees are under the misconception that they can simply change the name of their business and then begin serving the same customers the next day under…
Iowa LLC Law: Anonymity in Filing Good for Confidentiality
One of the nice benefits of filing an LLC in Iowa is that the owners are not required to disclose the members in filings with the Iowa Secretary of State. In many instances when filing a Certificate of Organization, I won’t list the member(s) to provide anonymity to the member(s) on the public search site. Instead, I’ll sign…
Should a Spouse Sign a Franchise Agreement?
By Rush Nigut on
I recently received an inquiry on the blog asking whether or not a spouse should sign a franchise agreement. Circumstances may vary, but in general, I usually recommend that spouses don’t sign the franchise agreement if they aren’t going to be involved in the franchise business. It’s my view there is no reason your family…
Rush on Business You Tube Channel on the Air!
I am pleased to announce that I now have a Rush on Business You Tube Channel where I’ll post short videos on various aspects of business and franchise law. I have a few videos posted so far and I’ll add content weekly.
New videos include:
Should You Include Your Spouse When Forming a Small Business LLC?…
Iowa Startup Fair Has More Than 80 Companies
By Rush Nigut on
The Iowa Startup Fair takes place on January 31, 2012 from 3 to 6 PM in various locations around downtown Des Moines, Cedar Rapids, Cedar Falls and Pella. More than 80 companies will be exhibiting throughout the state.
There are more than 50 businesses exhibiting at the Des Moines locations. Those locations are the StartupCity Des Moines offices…