Get A Legal Guide to United States Business Organizations: The PDF

By John M.B. Balouziyeh

ISBN-10: 3642379060

ISBN-13: 9783642379062

ISBN-10: 3642379079

ISBN-13: 9783642379079

This quantity presents an outline of usa federal and country legislations governing company enterprises. The chapters take the reader via a step by step exposition of the main uncomplicated sole proprietorships to the main advanced multi-tiered conglomerates. one of the enterprise corporations handled are partnerships with their quite a few modalities (general partnerships, constrained partnerships, restricted legal responsibility partnerships), enterprises (including heavily held firms, public enterprises and different adaptations) and constrained legal responsibility businesses.

The case legislations and statutes governing the complete menu of industrial organisations are systematically analyzed and offered. best instances at either the federal and kingdom point in addition to version laws resembling the Uniform Partnership Act and enacted laws are additional tested.

Other themes coated comprise organization and partnerships, Accounting, taxation and finance, Startup enterprises and enterprise capital, Fiduciary tasks and shareholder keep an eye on, Mergers and acquisitions.

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Additional info for A Legal Guide to United States Business Organizations: The Law of Partnerships, Corporations, and Limited Liability Companies

Example text

1945), the defendant Unemployment Compensation Commission (“UCC”) sought to determine whether Mrs. Chesire had been an employee or partner of the plaintiff beauty salon. Although she received 20 % of the profits, Chesire had been paid a salary of fifteen dollars per week and had no liability. These factors would normally indicate that she was an employee. The court thus held that she was an employee, since the plaintiff maintained control and responsibility over the salon and took ownership of all of the assets when it was dissolved.

Second, he must pay off secured debts. Finally, he is required to pay off general debts, which are split between creditors based on the percentage of each creditor’s debt interest. In recovering their loans, general creditors may go after any of a debtor’s assets, except for those that are owed to secured creditors, who receive priority in the repayment hierarchy. In an uncertain market environment, a sole proprietor who puts up a portion of the equity in an investment may never recuperate it. In an enterprise in which the profits are only enough to cover tax obligations and the repayment of secured and general debts, the sole proprietor may find that all of his work led to no gain on his original equity investment.

Thus, a partnership is not automatically dissolved and the assets are not automatically liquidated upon the death of a partner. Consider G&S Investments v. Belman (Ariz. Ct. App. 1984), where the plaintiff filed to dissolve a partnership with the defendant, whose cocaine use led to bad business decisions. When the defendant died, however, the plaintiff filed an alternative complaint to acquire the defendant’s interest and carry on with the partnership. The defendant’s 44 5 Partnerships estate, which preferred dissolution and winding up, since it would have brought in more money than buying him out, argued that the plaintiff could not continue the partnership because a complaint demanding dissolution had already been filed, and the partnership was thus dissolved.

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A Legal Guide to United States Business Organizations: The Law of Partnerships, Corporations, and Limited Liability Companies by John M.B. Balouziyeh

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