Friday, November 11, 2016
Thank You, Veterans (Infographic)
Jennings, Strouss & Salmon, P.L.C. is honored to employ both veterans and family members of veterans.
Wednesday, November 9, 2016
Is Your Business Ready for the New Minimum Wage Increase?
By: Chris Mason
The
passing of Proposition 206, referred to as the Healthy Working Families
Initiative, raises the minimum wage in Arizona from $8.05 an hour
incrementally over the next four years to $12 an hour. Businesses,
especially small businesses, need to be aware of all aspects of the new
wage and hour measure, which goes into effect January 1, 2017.
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
The passing of Proposition 206, referred to as the Healthy Working Families Initiative, raises the minimum wage in Arizona from $8.05 an hour incrementally over the next four years to $12 an hour. Businesses, especially small businesses, need to be aware of all aspects of the new wage and hour measure, which goes into effect January 1, 2017.First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
- January 1, 2017: $10 an hour, $7 an hour for tipped workers
- January 1, 2018: $10.50 an hour, $7.50 an hour for tipped workers
- January 1, 2019: $11 an hour, $8 an hour for tipped workers
- January 1, 2020: 12 an hour, $9 an hour for tipped workers
- Employers with 15 or more employees must allow employees to accrue and use up to 40 hours of PST per year
- Employers with fewer than 15 employees must allow employees to accrue and use up to 24 hours of PST per year
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
- January 1, 2017: $10 an hour, $7 an hour for tipped workers
- January 1, 2018: $10.50 an hour, $7.50 an hour for tipped workers
- January 1, 2019: $11 an hour, $8 an hour for tipped workers
- January 1, 2020: $12 an hour, $9 an hour for tipped workers
- Employers with 15 or more employees must allow employees to accrue and use up to 40 hours of PST per year
- Employers with fewer than 15 employees must allow employees to accrue and use up to 24 hours of PST per year
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
_____________________________________________________________________
Chris Mason is a labor and employment law attorney at Jennings, Strouss & Salmon, P.L.C. He counsels employers and management on all aspects of labor and employment law, including traditional labor matters, such as collective bargaining and union organizing; restrictive covenants; employment discrimination; sexual harassment; whistleblowing; retaliation; wrongful termination; personnel policies; reductions in force; trade secrets; duty of loyalty; drug and alcohol testing; and other state and federal laws, rules, and regulations. He is also an experienced litigator, representing clients in Arizona, federal, and appellate courts, as well as before administrative agencies, including the National Labor Relations Board, the Department of Labor, the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, and the Department of Economic Security
The
passing of Proposition 206, referred to as the Healthy Working Families
Initiative, raises the minimum wage in Arizona from $8.05 an hour
incrementally over the next four years to $12 an hour. Businesses,
especially small businesses, need to be aware of all aspects of the new
wage and hour measure, which goes into effect January 1, 2017.
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
- January 1, 2017: $10 an hour, $7 an hour for tipped workers
- January 1, 2018: $10.50 an hour, $7.50 an hour for tipped workers
- January 1, 2019: $11 an hour, $8 an hour for tipped workers
- January 1, 2020: 12 an hour, $9 an hour for tipped workers
- Employers with 15 or more employees must allow employees to accrue and use up to 40 hours of PST per year
- Employers with fewer than 15 employees must allow employees to accrue and use up to 24 hours of PST per year
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
The
passing of Proposition 206, referred to as the Healthy Working Families
Initiative, raises the minimum wage in Arizona from $8.05 an hour
incrementally over the next four years to $12 an hour. Businesses,
especially small businesses, need to be aware of all aspects of the new
wage and hour measure, which goes into effect January 1, 2017.
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
First, the $3 an hour credit for tipped workers will not change, as long as an employer can prove that its tipped employees are earning minimum wage or above with tips included. Below is the schedule for wage increases for both hourly and tipped workers:
- January 1, 2017: $10 an hour, $7 an hour for tipped workers
- January 1, 2018: $10.50 an hour, $7.50 an hour for tipped workers
- January 1, 2019: $11 an hour, $8 an hour for tipped workers
- January 1, 2020: 12 an hour, $9 an hour for tipped workers
- Employers with 15 or more employees must allow employees to accrue and use up to 40 hours of PST per year
- Employers with fewer than 15 employees must allow employees to accrue and use up to 24 hours of PST per year
Prop 206 also defines the situations for which PST can be used, including when an employee has a mental or physical illness or is caring for a family member with mental or physical illness, when a public health emergency arises, and when an employee must address issues related to domestic violence.
If you have not started to plan for the impact Prop 206 would have on your business, time is running out.
- See more at: http://www.jsslaw.com/news_detail.aspx?id=518#sthash.rbfisbzH.dpuf
Monday, October 24, 2016
Jennings, Strouss & Salmon Expands Litigation and Attorney Ethics Practice with the Addition of Jessica L. Beckwith
PHOENIX, Ariz. (October 24, 2016) – Jennings, Strouss & Salmon, P.L.C., a leading Phoenix-based law firm, is pleased to announce that Jessica L. Beckwith has rejoined the firm as an associate in the Commercial Litigation department as well as the Ethics, Professional Licensing and Discipline Law Group.
Prior to returning to Phoenix and Jennings Strouss, Beckwith
spent several years practicing law in California. She began her legal career at
Jennings Strouss in 2008 as a Summer Associate, and was subsequently hired to
the firm full-time as an Associate in 2009. Beckwith focuses her practice on commercial
litigation, lawyer professional responsibility, state bar complaints, legal
ethics, and bar admission and licensing issues.
“We
are pleased to welcome Jessica back to Jennings Strouss,” stated John C.
Norling, Managing Attorney of Jennings, Strouss & Salmon. “Being familiar
with the firm has made her integration seamless, and she is already providing
valuable assistance to our commercial litigation and professional
responsibility departments.”
In addition to commercial litigation and
professional responsibility, Beckwith has experience assisting clients with
real estate, environmental and public agency matters. She also has experience
in working for the State Bar of California, Office of the Chief Trial Counsel,
as both Deputy and Senior Trial Counsel, representing the State Bar of
California and the Committee of Bar Examiners.
“After having the opportunity to begin my legal
career at Jennings in 2009, I’m thrilled to move back to my hometown of Phoenix
and rejoin this highly regarded firm,” said Beckwith. “I have spent the last
six years practicing in Los Angeles gaining valuable experience that I will now
use in my role at Jennings Strouss. I have always maintained strong ties to my
hometown Phoenix community and am excited to once again serve the needs of
clients in the Phoenix area and elsewhere.”
Beckwith is actively involved in community and
business organizations in and around Phoenix and nationwide. She is currently a
member of the Association of Professional Responsibility Lawyers, the Arizona
Women Lawyers Association and the Association of Discipline Defense Counsel.
She also is a member of the American Bar Association’s Center for Professional
Responsibility, as well as a member of the Notre Dame Club of Phoenix. Her past
affiliations include sitting on the Board of Directors for the Notre Dame Club
of Phoenix from 2009-2010 and as a member of the Professional Responsibility
and Ethics Committee of the Los Angeles County Bar Association from 2014-2016.
Beckwith earned a J.D. from Loyola
University Chicago School of Law in 2009 and a B.A. from the University of
Notre Dame in 2006, receiving the distinction of cum laude.
About Jennings, Strouss & Salmon, P.L.C.
Jennings,
Strouss & Salmon,
P.L.C., has been providing legal counsel for over 70 years through its offices
in Phoenix and Peoria, Arizona; and Washington, D.C. The firm's
primary areas of practice include agribusiness; automobile dealership law, bankruptcy,
reorganization and creditors’ rights; construction; corporate and securities;
employee benefits and pensions; energy; family law and domestic relations;
health care; intellectual property; labor and employment; legal ethics;
litigation; professional liability defense; real estate; surety and fidelity;
tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook, and Twitter.
The firm’s
affiliate, B3 Strategies, assists clients with lobbying and public policy
strategy at the local, state, and federal levels. For more information please
visit www.b3strategies.com.
~JSS~
Contact: Dawn O. Anderson | danderson@jsslaw.com|
602.495.2806
Wednesday, October 19, 2016
Gerit F. Hull Featured in District Energy Magazine
Jennings, Strouss & Salmon energy attorney, Gerit F. Hull, is featured in the latest edition of District Energy magazine.
Read the full article: D.C. Circuit to address PJM capacity market rules affecting renewables and demand resources
Jeffrey Gardner Featured in ABA's Litigation News
Jennings, Strouss & Salmon attorney, Jeffrey Gardner, is featured in ABA's Litigation News magazine.
Read the full article: Enhanced Damages on the Rise for Willful Patent Infringement (pg. 4-5 & 28).
Wednesday, October 12, 2016
Energy Companies Need to Ready Themselves for New CFTC Position Limits Regime
A recent public
statement by Timothy Massad, the Chairman of the Commodity Futures Trading
Commission (“CFTC” or “Commission”) indicates that the CFTC still plans to
finalize its position limits rule before the end of the year. The rule, which
is many years in the making, has taken multiple forms since first being
proposed in response to the enactment of the Dodd-Frank Act and struck down by
a court. It is intended to limit
speculative trading, thereby mitigating risks of market disruptions or
manipulation. Most recently, the CFTC
issued a Supplemental Proposal that would delegate to the exchanges (or, in
CFTC parlance, “Designated Contract Markets”) the ability to grant bona fide
hedge exemptions from not only the exchanges’ own position limits but also
federal position limits set by the CFTC.
Many
comments filed on the Supplemental Proposal praised the concept of delegating
this function to the exchanges, which have experience implementing limits and
understand the markets in which contracts are traded on their platforms. This
concept initially was seen as welcome relief from a relatively narrow list of
enumerated bona fide hedge exemptions proposed previously by the CFTC. But, concerns remain about details of the
proposal, including potential restrictions on what the exchanges can and cannot
declare to be a bona fide hedge, boundless CFTC review of determinations made
by the exchanges, intrusion into the exchanges’ traditional role of granting
exemptions from their own limits (such as when those exchange limits fall below
federal limits or there are commodity contracts without a federal limit), new data
requirements, and reporting burdens.
Below are a
few examples of concerns raised in comments:
·
Restraining
Commission Reversal of Exemptions. A
common concern relates to the CFTC’s proposal to review at any time and
potentially reverse an exchange’s decision to grant an exemption. Commenters
were troubled particularly by the CFTC’s announcement that if the CFTC disagreed
with an exchange’s decision to grant an exemption, the market participant who
applied for the exemption would have to unwind its position in potentially less
than one business day. Among other
reforms, commenters suggested that: (1)
a time limit be set on Commission review to promote regulatory certainty;
(2) any Commission review be noticed to the public with an opportunity for
comments; (3) an appeals process be established; (4) a hedge be added to the CFTC’s list of
enumerated bona fide hedges for all similarly-situated hedgers to rely upon if the
Commission affirms a previously non-enumerated bona fide hedge; and (5) the
required unwind time be significantly longer than one business day, especially
when a market is illiquid or approval is necessary from an energy market
participant’s governing board or state/local regulator to change a commercial
risk management policy.
·
Expanding
list of enumerated bona fide hedges. Commenters urged the CFTC to expand
the list of enumerated bona fide hedges to include cross-commodity and
anticipatory merchandising hedges as well as to acknowledge explicitly, in the
final rule, that an “economically appropriate” hedge is not limited to a hedge
of a “price” risk and that a hedge can still be bona fide if it reduces
another type of commercial risk, such as an operational risk, product quality
risk, liquidity risk, credit risk, locational risk or timing risk.
·
Removing
quantitative correlation test. In a prior CFTC Notice of Proposed
Rulemaking (“NOPR”), the Commission proposed a quantitative correlation test
for cross-commodity hedges to ensure that “fluctuations in value of the
position in the commodity derivative contract, or the commodity underlying the
commodity derivative contract, are substantially related to the fluctuations in
value of the actual or anticipated cash position or pass-through swap.” Specifically,
pursuant to that NOPR, a cross-commodity hedge would only qualify as a bona
fide hedge if the correlation between the daily spot price series for the
target commodity and the price series for the commodity underlying the derivative
contract (or the price series for the derivative contract used to offset risk)
is at least 0.80 for at least 36 months.
Natural gas is a fuel input to electric generation and it is common for electric
utilities to engage in cross-commodity hedges.
But, this test would likely disqualify the hedging of long-term
electricity price exposure with natural gas derivatives contracts. Accordingly, commenters urged the CFTC to
clarify that the exchanges are not bound by this test and such a cross-commodity
hedge qualifies as a bona fide hedge.
·
Removing
Five-Day Hedging Restriction. Commenters
urged the Commission to eliminate a previously-proposed "five-day" restriction
from its definition of "bona fide hedging position," which would
require early liquidation of some hedges due to limiting language providing
that "no such position is maintained in any physical delivery commodity
derivative contract during the lesser of the last five days of trading or the
time period for the spot month in such physical-delivery contract" (i.e., "expiry period"). Commenters argued that this rigid limitation
is unnecessary and could leave commercial market participants exposed to risk
during the expiry period.
·
Reducing
burdens on end-users. Commenters asserted that the Commission should reduce
regulatory burdens on end-users by, for example: (1) providing a
mechanism for exchange determinations of bona fide hedges to be maintained (rather
than having to continuously re-apply for them) and extended more broadly to
other commercial firms facing similar risks (rather than limited only to the
individual applicant applying for the exemption); (2) removing unnecessary data
requirements, such as a proposed mandate that an applicant for a hedge
exemption provide three years of cash market information; (3) avoiding duplicative recordkeeping and
reporting requirements; (4) clarifying any position limits reporting forms that
are required by creating a user’s manual for the forms; and (5) phasing in
compliance deadlines.
·
Refraining
from Micromanaging Exchanges. Some commenters expressed concern that the Supplemental
Proposal intrudes too far into the exchange’s operations, with a plethora of proposed
new regulatory requirements that, at least in the absence of further clarification,
might apply not only to exemptions from federal position limits set by the CFTC
but also exemptions granted by the exchanges from their own limits. A few commenters urged the CFTC to simply use
its existing authority to review and enforce exchange rules, rather than superimpose
a new set of regulatory requirements on the exchanges.
Although it is anticipated that the CFTC may phase in
compliance requirements, energy companies should get up to speed now on the
CFTC’s proposal and ready themselves for the issuance of this final rule before
the end of the year.
Friday, September 30, 2016
Richard Lieberman Featured in Arizona Attorney
Jennings, Strouss & Salmon attorney, Richard Lieberman, is featured in Arizona Attorney magazine.
Read the full article: New Changes to Arizona Corporate Law: Articles, Bylaws, More Must Be Updated
Friday, September 16, 2016
Prepare Early to Successfully Manage a Tax Audit - Part III
By: Otto S. Shill, III.
This
is the last installment of a three part series discussing the basic tools
business owners and managers need to be successful in tax audits. Part
I discussed the need for business
owners and managers to understand the financial details of the business. Part
II explained why owners and managers should actively
participate in decisions concerning how financial results are reported to
government agencies. This final segment focuses on how to use professional
advisors effectively in a tax audit situation.
Using
Competent Professional Advisors is a Must.
Even with
proper preparation and knowledge, today’s tax laws are far too complex to
navigate without competent accounting and legal advice. When a business owner
engages in a significant transaction, or knows ahead of time that the tax
treatment of a transaction is likely to be reviewed by the government, he or
she should involve a qualified accountant and tax attorney early in the
planning process to ensure the maximum protection in the event of an
audit.
Accountants
are trained to understand tax rules and regulations, and how taxing agencies
expect to see transactions reported on tax returns. For example, simply
choosing the correct form of reporting can significantly reduce audit risk. Tax
returns communicate the tax results of transactions to the government;
therefore, tax laws limit the time that the government has to challenge the
position taken on a particular tax return, as long as the return discloses
sufficient information to advise the government of the transaction and its
treatment. There is an art to providing enough information to satisfy that
standard, while keeping the information succinct enough to minimize the risk of
further questions from the government. Remember, even an audit that finds no
errors in reporting can be costly to defend.
Hiring a
competent tax attorney is also a critical part of successfully navigating today’s
complex regulatory environment. Tax attorneys understand the tax laws and nuances
of regulatory and judicial interpretations of those laws; therefore, working
with a tax attorney when planning transactions with significant tax
implications is critical so that the structure and documentation of the
transaction supports the desired tax result. Also, while attorneys may or may not
prepare tax returns, they can help to establish the legal basis for a return
reporting position by offering research, advice, and formal opinions regarding
proposed or completed transactions. Attorneys are particularly trained to
understand when a tax reporting position may be developed in anticipation of
litigation. In that circumstance, it may be appropriate to engage a tax attorney
to handle a matter and to have that tax counsel employ the services of an
appropriate accountant. The result of this arrangement is that the accountant’s
work is attorney-client privileged work product and not generally available to
the government or third parties. For the same reason, owners and managers
should employ a competent tax attorney early in the audit process when an they
have reason to know or suspect that reporting positions may not be resolved at
the administrative level.
Any tax
audit can result in disputed issues, which can end up in litigation before the
U.S. Tax Court, U.S. Federal District Courts, or state or local courts. Such
cases are won only with admissible evidence skillfully applied to demonstrate
to taxing authorities and the courts the correctness of the taxpayer’s
position. In this context, a tax return is evidence of a taxpayer’s position,
but does nothing to establish it as correct. The taxpayer’s right to take a
reporting position must be established with credible source documents,
testimony, bank records, other similar evidence, and legal authority. Once an
issue is supported in that way, it is the burden of the government to disprove
the taxpayer’s entitlement to the claimed position. A tax attorney can be
invaluable in identifying the particular items of evidence that support a
return reporting position and in persuading an agency or the court to accept
that position. Often, accountants and enrolled agents are not licensed to
practice before the courts, and the assistance of a tax attorney will be critical
to the success of the case. If litigation is likely to be the end result of an
audit, business owners and managers should employ tax counsel early so that
counsel has the opportunity to assemble the evidence. Bringing counsel in at
the last minute to argue a case without that opportunity is not likely to be
effective and many attorneys will not accept such an engagement because of the
low likelihood of success.
Conclusion.
Today’s
regulatory environment is filled with complex rules and procedures enforced by
government agencies. Tax laws in particular contain many complexities and
nuances that are not necessarily intuitive to the untrained observer. Many
current tax rules can be fully understood only by comprehending the historical
context in which they arose. The marketplace is replete with a variety of
advisors willing to offer tax advice or to resolve tax debts. Many are
reputable and some are not. Using advisors because of the tax savings they
promise is often a path to financial disaster. While some tax collections cases
can be resolved through relatively simple procedures, most businesses must take
a much more proactive approach to avoiding costly fights with the government
and the associated professional costs, interest, and penalties.
Successful
business owners and managers need to understand the financial aspects of their
businesses in depth and must be able to identify allegations of a tax auditor
that do not match the financial realities of the business. Successful business
owners and managers will also take an
active role in determining how transactions affecting their businesses are
reported to government agencies. Finally, successful business owners and
managers will establish professional relationships with competent, reputable
accountants and tax counsel to plan transactions, support and develop reporting
positions, prepare audit and litigation evidence and make persuasive arguments
before administrative agencies and the courts.
Otto Shill
is a member of the Tax, Estate Planning and Probate practice group at Jennings
Strouss & Salmon, P.L.C. He is a
certified tax specialist and represents businesses, business owners and high
wealth individuals in transaction matters and before the administrative
agencies of state and federal governments in matters related to taxation,
compensation and benefits, employment and government contracting. Mr. Shill can be reached at
oshill@jsslaw.com.
The tax
attorneys at Jennings Strouss & Salmon, P.L.C. have decades of experience
in successfully advising businesses, business owners and high wealth
individuals in structuring transactions to achieve optimum business and tax
results, and in defending them in audits and court proceedings before federal
and state taxing agencies.
Monday, September 12, 2016
Chris Mason Featured in Small Biz Daily
Jennings, Strouss & Salmon attorney, Chris Mason, is featured in Small Biz Daily.
Read the full article: Sexual Harassment in the Workplace
_____________________________________________________________________
Chris Mason is a labor and employment law attorney at Jennings, Strouss & Salmon, P.L.C. He counsels employers and management on all aspects of labor and employment law, including traditional labor matters, such as collective bargaining and union organizing; restrictive covenants; employment discrimination; sexual harassment; whistleblowing; retaliation; wrongful termination; personnel policies; reductions in force; trade secrets; duty of loyalty; drug and alcohol testing; and other state and federal laws, rules, and regulations. He is also an experienced litigator, representing clients in Arizona, federal, and appellate courts, as well as before administrative agencies, including the National Labor Relations Board, the Department of Labor, the Equal Employment Opportunity Commission, the Arizona Civil Rights Division, and the Department of Economic Security.
Thursday, September 1, 2016
Arizona Expands Securities Exemptions for New Companies
By: Arati Thaly
Are you forming a
limited liability company (LLC) or a limited partnership (LP) in
Arizona? Do you anticipate issuing
ownership interests at the time of formation?
If the answer to these questions is yes, then effective August 6, 2016,
the offer and sale of those ownership interests may be exempt from registration
under Arizona’s blue sky laws.
Arizona’s blue sky laws, namely the Arizona Securities
Act (the Act), require any securities offering to be registered before those
interests are sold or offered for sale within or from Arizona, unless the
security or the transaction is exempt from the Act’s registration requirements.
Prior to August 6, organizers of a corporation could
issue shares to up to 10 “incorporators” if (1) they did not intend to sell
those shares to others and (2) the shares are in fact not directly or
indirectly sold to a third party within 24 months, unless there is a change of
financial circumstances.
This exemption is known as the “Incorporator Exemption”. It did not help owners of LLCs or LPs,
however, until now.
The Incorporator’s Exemption is available only at
organization. Therefore, it is crucial
to take steps to properly document the initial organizers’ status as “original
incorporators, organizers, or general partners” prior to organizing the
company.
The securities attorneys at Jennings Strouss regularly work
with Founders in organizing companies, helping them to raise capital in
compliance with the securities laws and doing business transactions tailored to
individual needs. For more information on securities exemptions,
restricted stock purchase agreements or securities offerings generally, you can
reach Arati Thaly at athaly@jsslaw.com
(602) 262 5920.
_____________________________________________________________________
Arati Thaly focuses her practice in the areas of corporate and securities law. She works with both public and private companies on a broad range of issues including securities offerings, mergers and acquisitions and corporate governance matters. She can be reached at athaly@jsslaw.com.
Subscribe to:
Posts (Atom)













