Articles

Why should you have a formal partnership dissolution agreement?

May 13th, 2008 by LawGuru Staff

If you have a business partnership with one or more persons and someone wants to leave the partnership, a formal agreement is truly necessary to protect everyone involved. The technical term for this type of agreement is a dissolution, which is the change in the relationship of the partners caused by any partner ceasing to be associated with the business, and distinguishes it from the dissolution of the business itself.

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When is a limited liability partnership agreement necessary?

May 13th, 2008 by LawGuru Staff

As with a general partnership, a limited liability partnership requires an agreement so that each partner’s role, protections and expectations are clearly defined. The limited liability partnership (LLP) has been an ever-growing form of business organization in recent years. It protects a partnership in much the same way as a limited liability corporation protects the business. It is important, however, to check with your state before forming an LLP and signing an agreement, because not all states recognize this type of organization.

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When should a partnership agreement be created?

May 13th, 2008 by LawGuru Staff

A partnership is created when two or more individuals decide to form a business or enter an endeavor together. The partnership agreement is meant to clearly define the terms of the partnership, clarifying the responsibilities and benefits for each partner.

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Do I need a general power of attorney or a limited one?

May 13th, 2008 by LawGuru Staff

A power of attorney is a document giving a trusted friend or lawyer the right to perform any legal act on your behalf. Anyone should be very cautious about utilizing these documents, as the person holding the power can literally perform any transaction in your absence. However, many times this grant of power is absolutely necessary to handle matters when you are not able to handle them yourself.

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Why should I sign a consent form if my child is traveling with relatives or friends?

May 13th, 2008 by LawGuru Staff

At times your child may have the opportunity to take a vacation or trip without you present. However, unexpected problems can always arise, which might require your consent. Let’s say, for example, that your child travels with a friend for school vacation to visit another state. While there, your child falls out of a tree on the family farm and breaks a leg. Naturally, the parents hosting your child will have to take him or her to the emergency room for proper treatment. But, what happens when the hospital finds out they are not the custodial parents?

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When do I need a mechanic’s lien?

May 13th, 2008 by LawGuru Staff

If you own a business or perform services for someone, you expect to be paid, unless previous arrangements have been made for the donation of your time and materials. In order for your business to continue in a profitable manner, you have to rely on customers to pay their bills on time. However, in many cases, this simply doesn’t happen. When you first start any type of job for a client, you should have a simple contract, which states the cost of materials and labor, and a payment schedule for the job. But, what if the customer decides they are not going to honor that contract and simply don’t give you any money. Even if you do not have formal contract (which is never a good idea), you still have a remedy for payment.

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Why is a letter of credit important?

May 13th, 2008 by LawGuru Staff

Guidelines for letters of credit are set up in Article 5 of the Uniform Commercial Code. Letters of credit are important for business entities and individuals alike. When a business is attempting to purchase goods, services and technology to serve their clients, a letter of credit is essential. Most businesses do not pay cash or write a check for large purchases. When contacting new vendors, the letter of credit allows the vendor to see that the business is credit worthy and pays their bills in a timely manner. The vendor can then take on very little risk in forwarding the goods or services to the business organization without obtaining payment up front.

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When should a landlord require tenants to sign a lease?

May 13th, 2008 by LawGuru Staff

When you own rental property, there are many circumstances and agreements under which you may choose to rent it. However, you should always protect yourself in the event your tenant does not uphold their part of your agreement.

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Should I have a durable power of attorney for health care?

May 13th, 2008 by LawGuru Staff

The durable power of attorney for health care is another documents that should go hand in hand with the living will as part of a person’s estate planning. The durable power of attorney for health care works much in the same manner as a limited power of attorney. It assigns the right of making health care decisions to a trusted party in the event the maker is incapacitated and not able to make decisions for themselves.

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Should I have a living will?

May 13th, 2008 by LawGuru Staff

The question of a living will is becoming more and more popular as time goes on. Years ago the idea of designating someone to make such a personal decision regarding your life was unthinkable. Decisions were simply made by doctors and family members as to the best course of action without regard to what the patient might wish, or without any knowledge as to their wishes. The living will takes the guesswork out of these decisions, as the patient has made their wishes known long before a final decision is necessary.

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