Business Law Blog

Investment Company / Portfolio Manager’s Fiduciary Duty when Managing Investments

Author: LegalEase Solutions Issue In dealing with clients’ money, does an investment company / portfolio manager need to exercise diligence in its purchase of different investments? Short Answer  Investment companies, portfolio managers, and investment advisers investing client’s money have a fiduciary duty to act with due caution and prudence while making investments on clients’ behalf. … Continue reading “Investment Company / Portfolio Manager’s Fiduciary Duty when Managing Investments”

Shareholder-Trustee

Author: LegalEase Solutions QUESTIONS PRESENTED Can a shareholder of company who has 50% interest bring a derivative action against a third party? What statute of limitation applies and what is the triggering action? If the third party is continuing its conduct as a representative of a company, does this extend the statute of limitations? Can … Continue reading “Shareholder-Trustee”

Effect of Non-compete and Confidentiality provisions in the franchise agreement

Author: LegalEase Solutions Introduction PostNet International Franchise Corporation (“PostNet”) is the franchisor of the franchise program described in the Franchise Disclosure Document. PostNet offered franchises for retail stores which offer business and consumer services and products through a marketing program (“System”). The business typically sell black and white/color photocopying, digital photocopy and scanning, computer and … Continue reading “Effect of Non-compete and Confidentiality provisions in the franchise agreement”

Limited Liability Companies

During the last 15 years or so, the limited liability partnership (LLP) and the limited liability company (LLC), have been added to the options for business entities.  An initial consideration in choosing between these forms is the number of participants.  An LLP must have two or more partners, but in many states, an LLC can … Continue reading “Limited Liability Companies”

Prevention Policy for Violence in the Workplace

Zero Tolerance. This Company has a policy of zero tolerance for violence. If you engage in any violence in the workplace, or threaten violence in the workplace, your employment will be terminated immediately for cause. No talk of violence or joking about violence will be tolerated. “Violence” includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing … Continue reading “Prevention Policy for Violence in the Workplace”

Real Estate Financing

One of the most important components of any real estate transaction is the financing. Without adequate financing the sale can be lost. This article explains interest rates, the various clauses found in notes and mortgages, and the different types of mortgages available to the borrower. Also discussed are the various documents that are necessary in … Continue reading “Real Estate Financing”

The Sale of a Business

The sale of any ongoing business, even a sole proprietorship, can be a complicated transaction. The buyer and seller (and their attorneys) must consider the law of contracts, taxation, real estate, corporations, securities, and antitrust in many situations. Depending on the nature of the business sold, statutes and regulations concerning the issuance and transfer of … Continue reading “The Sale of a Business”