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Clickwrap Agreement vs Browsewrap Agreement

Clickwrap Agreement vs Browsewrap Agreement

Posted by Posted in Contracts & Agreements
With advancements in technology, many business transactions are carried out online with the click of a button. This approach has the advantage of ensuring that transactions progress almost seamlessly. The downside is that parties to agreements may bypass closely examining their rights before signing an agreement. You have probably experienced both clickwrap and browsewrap agreements before, but may not have delved into the details of these digital contracts. Outlined below is a brief definition of…
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Anticipatory Breach of Contract

Posted by Posted in Contracts & Agreements
In California, anticipatory breach of contract occurs when a party involved in a bilateral contractual agreement decides to repudiate the terms of the contract. A repudiation in an anticipatory breach of contract can be either express or implied. An express repudiation is a clear, unequivocal refusal to perform the terms of the agreement. In contrast, an implied repudiation stems from conduct where the promisor puts it out of their power to perform so as to…
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Tax Classifications for Different Business Entities

Posted by Posted in Entity Formation & Structure
When a corporation is formed in California, it will be deemed a C-Corporation by default. The terms “C-Corp” and “S-Corp” refer to tax classifications for different business entities. If a business wants to become an S-Corporation, Form 2553 will need to be completed and filed with the Internal Revenue Service. S-Corps and C-Corps have a few different key differences between them – one of them is how they are taxed. For instance, if your business…
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Protections Afforded to Limited Liability Companies and Partnerships

Posted by Posted in Risk & Asset Protection
If you are looking to start a business in Los Angeles, California, you may be wondering what type of business entity is best. Many business owners opt to form a limited liability company, which offer certain protections against the individual owner. Why? Because limited liability protection helps protect your personal assets from business debts and legal judgments. Essentially, limited liability protection provides a shield for your personal assets, meaning your personal assets are protected and…
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How to Add a Member to Your LLC

Posted by Posted in Entity Formation & Structure
If you own a limited liability company in California and are considering adding a new member, there are multiple factors that need to be considered. Adding a new member to an existing LLC is more complicated than it may seem at first glance. It is also important to be aware of the potential benefits, drawbacks, and pitfalls that may arise from the addition. With the arrival of a new member, you are adding an unknown…
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Prerequisites for Opening a Bank Account for an LLC

Posted by Posted in Entity Formation & Structure
One of the benefits associated with establishing a limited liability company (LLC) is the ability to open an independent bank account designated for the LLC as a standalone legal entity. Opening a bank account for your LLC is also a good business practice since it reduces the risk of coming ling business funds with personal funds. Below are some preliminary considerations and prerequisites that need to be met in order to open a bank account…
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The California Privacy Rights Act is in Full Effect– Is Your Business Ready?

Posted by Posted in Compliance & Securities
If you conduct business in California, it is important to take steps necessary to ensure compliance with the California Privacy Rights Act (CPRA). Why? Because the CPRA went into full effect on January 1, 2023. At that point, all covered businesses will be subject to a set of rigorous requirements related to the collection, retention and use of consumer information. In addition, covered companies will be required to do the following: publish privacy policies applicable…
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Independent Contractor Relationships

In California, an independent contractor is defined as a person or a business providing a specific service within a certain time for compensation. The person or business achieves independent status by not being subject to managerial control for “how” the services are provided. As business lawyers in Los Angeles, the professional team at The Hakim Law Group wants the public to know and understand the differences in the status of wage earners and independent contractors…
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Proposed Regulations for Charitable Crowd funding

Posted by Posted in Compliance & Securities
In October 2021, California became the first state to regulate fundraising platforms used by charities. These platforms are used by charities to support their cause through monetary donations and other activities. These platforms existed without the full regulation of California’s fundraising laws. As business lawyers in Los Angeles, the professionals at The Hakim Law Group want the public and charitable organizations to be aware of the new regulations coming into effect on January 1, 2023,…
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