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Posts Taged llc

The Importance of Designating a Third Party Registered Agent

So you’ve formed your corporation or LLC, you’ve got your tax ID, bank account, and business is humming along. Things are going well and so you fill out your first required Statement of Information and write your own name and address in the area for designating the company’s registered agent for service of process – you’re doing everything else, so this should be easy, right? As you likely read in the instructions for the forms, a registered agent is the person designated to receive service of process when a business entity is served with legal papers such as a summons or subpoena. Although the appeal of performing that role for your business may seem like an attractive option, there are several reasons why you should designate a professional to handle those responsibilities. Your business needs to run as smoothly and efficiently as possible and receiving all communications and keeping your corporation or LLC in good standing is crucial.

A physical address in the state of incorporation is required by the California Secretary of State and in most other jurisdictions in the United States. A post office box does not typically meet the requirement, especially when designating an agent for service of process.

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New Year, New Laws Affecting Limited Liability Companies

January 2, 2014, San Luis Obispo – Ringing in the New Year this January will bring significant changes in the way many limited liability companies (LLCs) in California are required to operate. On January 1, 2014, the California Revised Uniform Limited Liability Company Act (RULLCA) takes effect – bringing California’s LLC laws more in line with those of other states.

Chaptered into law in September 2012, the RULLCA is a revision of former laws governing LLCs, which clarifies and further defines rules on the formation and operation of LLCs. One of the major goals is to make it easier for multi-state businesses

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An Unwaivable Right under the Consumer Legal Remedies Act, Revisited

I previously summarized a decision out of the California Court of Appeals, Fourth Appellate District, Fisher v. DCH Temecula Imports LLC, in which the court held that a consumer’s right to bring a class action under the California Legal Remedies Act (the “CLRA”) constitutes an unwaivable statutory right.  In this blog, I will discuss a parallel case from the California Court of Appeals, Second Appellate District, Sanchez v. Valencia Holding Co., LLC, that has been simultaneously working its way through the courts.  A review of my prior September 21, 2010 entry would be helpful to understanding this update: Unwaivable Right.

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