Everyone needs some sort of estate plan at some point in their life. If you have children, own a home, or want your assets to flow efficiently to your family members after your death, then you should execute an estate plan. If you want to provide for your favorite charity, friends, or nieces and nephews after death, then you should execute an estate plan. Even 18-year-olds heading off to college should sign Power of Attorney documents to allow parents to have access to financial and medical records while they are away. We asses each client’s needs in our complimentary initial consultation and give an honest recommendation.
Here at Stock Legal, we pride ourselves on the ability to help cannabis businesses with any aspects of their company, from application phase through continuing legal counsel on all legal aspects of the business. Our firm offers cannabis clients support in cannabis laws and regulations, employment law, general corporate governance and management, supply agreements, mergers and acquisitions, and many more. Our team has a wealth of experience owning and operating cannabis licenses and have been through the tough times, which has given us the ability to help our cannabis clients steer clear of rocky paths.
A trademark is a word, phrase, symbol or design that identifies the source of a particular product or service. Trademarks are important to help consumers recognize your products or services and differentiate them from those of your competitors.
The best legal structure depends on various factors such as the number of owners, liability concerns, tax implications, and future goals. The most common structures for businesses whose purpose is to provide goods or services are limited liability companies (LLC) and corporations.
Each state has different requirements for who may apply for any given license type, so it is hard to say if someone reading this qualifies under a given State’s guidelines for application. There are a handful of states where applications will become available the Summer of 2024: Minnesota, Kentucky, and Ohio. There are also states that have continuing applications available, though most states have moved away from unlimited licenses, such as Oklahoma.
Trademarks and service marks essentially serve the same purpose. However, trademarks identify the source of goods, while service marks designate the provider of a service.
a) Certain personal records are considered vital records and should be maintained as permanent records in a safe dry, fireproof place: examples being your birth certificate, marriage license, court records related to legal adoption, divorce or legal separation, and death certificates of family members, military discharge papers, social security cards, etc.
b) Other important documents should be maintained for as long as they are considered valid and applicable- examples being insurance policies of all kinds, motor vehicle titles, bank account origination which typically contain full account names and account numbers, entity creation documents (Articles of Organization, Bylaws, Operating Agreements, Partnership Agreements, IRS Letters issuing tax id numbers and approving or acknowledging applicable tax elections, stock certificates, corporate minutes or member consents for LLCs); estate planning documents including current wills and durable powers of attorney, and trust documents (with and and all amendments).
c) Income Tax Returns should be maintained for at least 10 years, but 20 years would be advised. This refers to the actual tax returns as filed and not necessarily all of the supporting data used to prepare them - the IRS keeps tax returns for only 10 years. You need to be able to prove that you filed an income tax return since the statute of limitations for failure to file a return never starts to run if you do not file a return. Maintain the supporting documentation for tax returns that you filed in the past seven years - this applies to business and personal tax returns.
d) Gift Tax Returns and Gift supporting documents such as Crummeny Withdrawal Notices issued to trust beneficiaries for gifts made via trusts should be maintained as permanent records.
In addition to planning for one’s care during life, it is important to ensure a person’s assets are distributed according to their wishes, to minimize taxes, to avoid probate, and to plan for their dependents.
You should assume that the Buyer will be performing due diligence on all aspects of the business. You should ensure that all information they will review is complete and accurate in all respects. Such information includes the financial statements of the business, the company’s corporate documents (articles of organization, operating agreement, shareholder agreement, bylaws, meeting minutes), and any material contracts of the business.
For more information, view our blog series.