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Battaglia, Ross, Dicus & McQuaid, P.A. keeps you up to date with the latest Howard Ross in St. Petersburg, FL.

Do I Need a Lawyer When Selling a Business?

Do I Need a Lawyer When Selling a Business?

While you might think it’s excessive to hire a Florida business transaction lawyer, doing so will help you make the process much smoother and quicker.
Is It Time To Put Some Teeth Into The Resident Agent Statutes

Is It Time To Put Some Teeth Into The Resident Agent Statutes?

It appears that corporate and limited liability company defendants have an advantage over plaintiffs if they are willing to avoid the resident agent statutory requirements or circumvent the requirements by using multiple layers of entity resident agents that have no entity officers or employees present at the resident office.
If A Seller’s Broker Could Be Liable To Purchaser For Fraudulent Non-Disclosure In A Residential Sale, Would A Transaction Broker And/Or A Buyer’s Broker Also Be Liable

When is a Transaction Broker Liable?

The opinion of Goodman v. Rose Realty West, Inc., 193 So.3d 86 (Fla. 4th DCA 2016) indicates that a seller’s real estate agent’s knowledge of defects that materially affect the value of the property which were not readily observable and not disclosed to the buyer could make the seller’s broker for whom the agent worked liable to the buyer.
Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

Changing Sun Biz Information Without The Proper Authority Can Be a Problem You Do Not Want

During marital divorces and business divorces, people occasionally rush to change the information on the Secretary of State’s Sun Biz website without first determining whether they have the authority to do so. Sometimes, the portions of the corporate/LLC records that grant the authority to replace officers, directors, managers, or persons with authority are not reviewed for many years preceding the dispute, even though circumstances have changed since the initial granting of the authority or elections to office. While most business owners are busy running their business, trying to make a profit, dealing with the day-to-day business activities, and other various problems, there is very little time left to review corporate/LLC records. It is easy to just file the annual report without reviewing what authority one has to make the entries that appear in the report.
Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC

Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC?

Sometimes it is difficult to decide whether to select a Member-managed or a Manager-managed LLC or to answer a client’s questions on why to select one over the other.  For a multi-member LLC, one reason to consider is the difference in the rules that apply to a request of a member to inspect books and records of the LLC.

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