Law Office of Yoel Molina, P.A.
  • Home Page for Business Attorney, Yoel Molina / Abogado Corporativo y de Negocios Yoel Molina
  • Online Legal Solution Home Page
  • Business Law
  • Derecho empresarial
  • Corporate & Business
  • Corporaciones & Negocios
  • Trusts & Estates
  • Credit Repair
  • Condo Law Blog
  • Blog de Ley de Condominios
  • Money Back Guarantee
  • T.V. Appearances, Awards, Affiliations, and Miami, Fl. Community Involvement of Business Attorney Yoel Molina/ T.V. Apariciones, Premios, Afiliaciones y Miami, Fl. Participación Comunitaria del Abogado Comercial Yoel Molina
  • Bienes & Fideicomisos
  • Garantia De Reembolso De Dinero.
  • Business Partner Stories
  • Oficina de Derecho Empresarial y Corporativo de Yoel Molina / Business and Corporate Law Office of Yoel Molina
  • Client Video Testimonials of Business Law Attorney Yoel Molina / Video del cliente Testimonios del Abogado de Derecho mercantil Yoel Molina
  • About The Law Office of Yoel Molina, P.A. Miami Law Office / Sobre la oficina de abogados de Yoel Molina P.A. Oficina de Derecho de Miami
  • Acerca de la Oficina de Derecho Empresarial y Corporativo de Yoel Molina / About the Business and Corporate Law Office of Yoel Molina
  • Miami Corporate and Business Client Services / Servicios para clientes corporativos y comerciales de Miami
  • Biography of Business and Corporate Law Attorney Yoel Molina
  • Biografía del Abogado de Derecho Empresarial y Corporativo Yoel Molina
  • Contact Business and Corporate Law Attorney Yoel Molina / Contacte al Abogado de Derecho Comercial y Corporativo Yoel Molina
  • Slach Consultores Partnership
  • Our Fees
  • Nuestros Precios
  • FLORIDA ANNUAL REPORT INFORMATION
  • REPORTE ANUAL DE FLORIDA
  • How to start business in Florida
  • Cómo iniciar negocios en Florida
  • Business Sale Package
  • New Company / Agreement / Contracts Landing Page
  • Business Landing Page
  • Spanish Landing Page
  • Florida Traffic Ticket Interview
  • Entrevista de multas de tráfico de Florida
  • Online Legal Solutions Page
  • Online Legal Solutions - Business
  • Soluciones legales online - Derecho mercantil espanol
  • Online Legal Solutions Criminal, DUI and Traffic Section
  • Soluciones legales en linea, Seccion de DUI y Trafico
  • Miami Dade DUI Ticket
  • Boleto de DUI para Miami Dade
  • Criminal Traffic Ticket
  • Multa de Trafico Criminal
  • Criminal Defense App
  • Aplicacion de Defensa Criminal
  • Collection Letter Mode Option 2l copy
  • Monthly Collection Letter Model
  • Spanish Collection Letter Model
  • This is what you pay an attorney as a Small Business
  • 3 legal issues all businesses face
  • ADA business killer not if you read this
  • 4 points to consider before you launch your business
  • 5 things that will bury your business
  • Are you doing this? If so you will get sued
  • General Counsel Audit
  • Litigation Risk Audit
  • New Business/ Start up Audit
  • Employment Policy Audit
  • Business Purchase Audit
  • Contact Audit
  • Business Partners Audit
  • ADA Audit
  • Article Lead Download
  • CONTRACTS: NDA, SHA, OA, BSA, IC, NON-Compete, Leases, Contracts
  • FLA SERVICE, PRODUCT, BUSINESS, CONTRACT
  • FLA CRIMINAL EXPUNGEMENTS
  • NEW COMPANY, MINUTES, BYLAWS
  • FLA PROMISSORY NOTE
  • ESTATE PLANNING: Will, POA, TRUST
  • Free Credit Dispute Letter Generator
  • Contract Review Intake
  • Contract Review Report
  • Business Document
  • Criminal NOA and Disco
  • Criminal Public Record Request
  • Credit Repair Letter
  • Form a Delaware Company
  • Attorney Letter
  • Traffic ticket notice and document upload
  • In house firm Collection letter
  • In house Final Collection
  • Real Estate Documents
  • Appointment Landing Page
  • Online Legal Solution-Buy Sell Agreement
  • Solucion legal en linea-acuerdo de compraventa
  • BSA Landing Page
  • Business Partnership Dispute Intake-Ingreso Para Disputas de Socios Comerciales
  • Agreement Retainment and Intake
  • Founders Agreement Intake
  • Ingesta del Acuerdo de Fundadores
  • Business Partner Disputes Landing Page
  • Pagina de inicio de disputas de socios comerciales
  • Condominium Law Landing Page
  • Pagina de inicio de ley de condominio
  • Soluciones legales en linea Pagina de inicio
  • Appointment Page
  • Business Collection
  • Document Review Page
  • 2020 Landing Page
  • 2020 Landing Page No Video
  • 2020 Landing Page English Only with video
  • 2020 Landing Page English Only
  • 2020 Landing Page Spanish Only
  • CORONA VIRUS LANDING PAGE
  • Corona Virus Help
  • Ayuda de Virus Corona
  • Online Services Page
  • Service Agreement Page
  • OF COUNSEL ATTORNEYS
  • Of Counsel Diana Vargas
  • Of Counsel Pedro Quiroga
  • OUR TEAM
  • Our Team: Tanmay Pandey
  • Our Team: Alexandra Torres Franceskin
  • Our Team: Liza Mackey
  • Our Team: Daniel Zapata
  • Service Agreement
  • Home Page for Business Attorney, Yoel Molina / Abogado Corporativo y de Negocios Yoel Molina
  • Online Legal Solution Home Page
  • Business Law
  • Derecho empresarial
  • Corporate & Business
  • Corporaciones & Negocios
  • Trusts & Estates
  • Credit Repair
  • Condo Law Blog
  • Blog de Ley de Condominios
  • Money Back Guarantee
  • T.V. Appearances, Awards, Affiliations, and Miami, Fl. Community Involvement of Business Attorney Yoel Molina/ T.V. Apariciones, Premios, Afiliaciones y Miami, Fl. Participación Comunitaria del Abogado Comercial Yoel Molina
  • Bienes & Fideicomisos
  • Garantia De Reembolso De Dinero.
  • Business Partner Stories
  • Oficina de Derecho Empresarial y Corporativo de Yoel Molina / Business and Corporate Law Office of Yoel Molina
  • Client Video Testimonials of Business Law Attorney Yoel Molina / Video del cliente Testimonios del Abogado de Derecho mercantil Yoel Molina
  • About The Law Office of Yoel Molina, P.A. Miami Law Office / Sobre la oficina de abogados de Yoel Molina P.A. Oficina de Derecho de Miami
  • Acerca de la Oficina de Derecho Empresarial y Corporativo de Yoel Molina / About the Business and Corporate Law Office of Yoel Molina
  • Miami Corporate and Business Client Services / Servicios para clientes corporativos y comerciales de Miami
  • Biography of Business and Corporate Law Attorney Yoel Molina
  • Biografía del Abogado de Derecho Empresarial y Corporativo Yoel Molina
  • Contact Business and Corporate Law Attorney Yoel Molina / Contacte al Abogado de Derecho Comercial y Corporativo Yoel Molina
  • Slach Consultores Partnership
  • Our Fees
  • Nuestros Precios
  • FLORIDA ANNUAL REPORT INFORMATION
  • REPORTE ANUAL DE FLORIDA
  • How to start business in Florida
  • Cómo iniciar negocios en Florida
  • Business Sale Package
  • New Company / Agreement / Contracts Landing Page
  • Business Landing Page
  • Spanish Landing Page
  • Florida Traffic Ticket Interview
  • Entrevista de multas de tráfico de Florida
  • Online Legal Solutions Page
  • Online Legal Solutions - Business
  • Soluciones legales online - Derecho mercantil espanol
  • Online Legal Solutions Criminal, DUI and Traffic Section
  • Soluciones legales en linea, Seccion de DUI y Trafico
  • Miami Dade DUI Ticket
  • Boleto de DUI para Miami Dade
  • Criminal Traffic Ticket
  • Multa de Trafico Criminal
  • Criminal Defense App
  • Aplicacion de Defensa Criminal
  • Collection Letter Mode Option 2l copy
  • Monthly Collection Letter Model
  • Spanish Collection Letter Model
  • This is what you pay an attorney as a Small Business
  • 3 legal issues all businesses face
  • ADA business killer not if you read this
  • 4 points to consider before you launch your business
  • 5 things that will bury your business
  • Are you doing this? If so you will get sued
  • General Counsel Audit
  • Litigation Risk Audit
  • New Business/ Start up Audit
  • Employment Policy Audit
  • Business Purchase Audit
  • Contact Audit
  • Business Partners Audit
  • ADA Audit
  • Article Lead Download
  • CONTRACTS: NDA, SHA, OA, BSA, IC, NON-Compete, Leases, Contracts
  • FLA SERVICE, PRODUCT, BUSINESS, CONTRACT
  • FLA CRIMINAL EXPUNGEMENTS
  • NEW COMPANY, MINUTES, BYLAWS
  • FLA PROMISSORY NOTE
  • ESTATE PLANNING: Will, POA, TRUST
  • Free Credit Dispute Letter Generator
  • Contract Review Intake
  • Contract Review Report
  • Business Document
  • Criminal NOA and Disco
  • Criminal Public Record Request
  • Credit Repair Letter
  • Form a Delaware Company
  • Attorney Letter
  • Traffic ticket notice and document upload
  • In house firm Collection letter
  • In house Final Collection
  • Real Estate Documents
  • Appointment Landing Page
  • Online Legal Solution-Buy Sell Agreement
  • Solucion legal en linea-acuerdo de compraventa
  • BSA Landing Page
  • Business Partnership Dispute Intake-Ingreso Para Disputas de Socios Comerciales
  • Agreement Retainment and Intake
  • Founders Agreement Intake
  • Ingesta del Acuerdo de Fundadores
  • Business Partner Disputes Landing Page
  • Pagina de inicio de disputas de socios comerciales
  • Condominium Law Landing Page
  • Pagina de inicio de ley de condominio
  • Soluciones legales en linea Pagina de inicio
  • Appointment Page
  • Business Collection
  • Document Review Page
  • 2020 Landing Page
  • 2020 Landing Page No Video
  • 2020 Landing Page English Only with video
  • 2020 Landing Page English Only
  • 2020 Landing Page Spanish Only
  • CORONA VIRUS LANDING PAGE
  • Corona Virus Help
  • Ayuda de Virus Corona
  • Online Services Page
  • Service Agreement Page
  • OF COUNSEL ATTORNEYS
  • Of Counsel Diana Vargas
  • Of Counsel Pedro Quiroga
  • OUR TEAM
  • Our Team: Tanmay Pandey
  • Our Team: Alexandra Torres Franceskin
  • Our Team: Liza Mackey
  • Our Team: Daniel Zapata
  • Service Agreement
Search by typing & pressing enter

YOUR CART

30/6/2020 0 Comments

Understanding The Pros And Cons Of Different Business Structures

Picture
There is no perfect business structure — each has its own benefits and perils! Let’s take a look at them.
​
The Perils Of Sole Proprietorships! 
The pros:
 
When it comes to various business structures, a sole proprietorship is the least difficult structure, since it doesn't mandate the proprietor to go about setting up another legitimate entity (although you ought to create an imaginary name).

In the case of sole proprietorship companies, the proprietor is responsible for the profits and losses — which need to be accounted for through personal tax returns, using Schedule C. Pretty straightforward, eh?
 
The cons:


For expansion, or to purchase new equipment/machinery for business development, in all likelihood, you'll need to open a new line of credit/raise more funding. Which is rather tough as a solitary proprietor!
 
This structure also opens the proprietor to boundless individual obligation, should any business dangers arise, making it riskier than other structures.
LLCs — Is The Investment Justified? 
The pros:
 
To maintain a strategic distance from the boundless obligation issues of managing a sole proprietorship, business owners prefer to set up Limited Risk (Liability) Corporations (LLCs). In this structure, the profits remain with the proprietor, but also work to confine the proprietor's legal risk.

You can have countless members in your LLC, which makes it less demanding, more evened out and allows for easy capital raising initiatives.
 
The cons:


Initially, you will have to pay up certain costs for setting up the LLC with your state and thereafter, keeping up the LLC status.
 
To some, the process of setting up an LLC is perplexing, because you need to choose an assessment status and create a working understanding among all members.
Are You Certain Your Business Is Prepared To Be An S Corp? 
The pros:
 
Essentially, when a business owner frames an S corp, he/she will issue stock to every one of the owners — the company shareholders.
 
With a risk exposure that’s fairly evened out, the S corp, in spite of being a legitimate business organization, shields its shareholders from numerous forms of business risk.


The company benefits are shared among the shareholders, and every shareholder has the privilege of selling their shares. What’s more, it’s easier to raise capital!
 
The cons:

The prevailing assessment law has certain stipulations concerning the number of shareholders -- it’s restricted to 75.
 
Moreover, S corp structures permit issuance of just a single class of stock. The measure of compensation paid to the managers who work at the S corp must also be considered — the IRS has set rules for it!
 
Framing an S corp is by no means easy, and can be quite an intricate affair. Additionally, the expenses to keep up your S corp status can be considerable as well.
 

Exploring Partnerships!In a partnership, at least two individuals manage a business utilizing an association contract. The most common partnership understanding will call on one general collaborator and conceivably a gathering of limited collaborators.
 
The pros:
 
General collaborators have a lot of legitimate risks, and that obligation stretches out to their personal benefits.
 
Also, every collaborator is obligated for the actions of different collaborators while managing the operations of the organization.
 
Restricted partners are not associated with the administration of the organization, and their obligation is constrained to their interest in the association.
 
The cons:
 
Partnerships are pass-through companies, and so each partner must show his benefit in his/her own tax form.
 
A word of caution though, the process of documenting an association return might be complex be that as it may.
 
The association must record an assessment form that shares rundowns on each partner’s benefits, and the dollar estimation of each collaborator’s possession share.
C Corps: With More Protection Come More Tax Assessments! 
A C corp isn't a pass-through company, quite simply as the corporation documents a government form and makes good on regulatory obligations as a corporation.
 
The pros:
 
As a C corp investor, your legitimate obligation will be constrained to the dollar measure of the value you possess. A C corp offers the most grounded level of lawful obligation protection for the proprietors.
 
Likewise, business owners do find that a C corp is the most ideal approach for fund-raising, as you are at liberty to frequently issue stock offers, and your business has an eternal shelf life.
 
The cons:
 
You will be required to take after the incorporation rules for your particular state, and document yearly financial articulations. Income is taxed at both the corporate level and on the proprietor's individual (personal) assessment form.
 
Do remember that your C corp will mandate more legitimate and administrative detailing than other kinds of business structures, and so its best advised that you make a corporate government tax file.
 
Read up on these pros and cons to decide which of these business structures is the best for you!
0 Comments

30/6/2020 0 Comments

Different Types of Business Ownership Structures

Picture



​In order to start a business, you need to follow some guidelines, here is a list of the most common business structures to shape your business:


●       Sole proprietorship
●       Partnership
●       Limited partnership
●       Limited Liability Company (LLC)
●       Corporation (for-profit)
●       Nonprofit corporation (not-for-profit), and
●       Cooperative
 
Sole Proprietorship and Partnership
They both have many similarities but one huge difference. You don’t need to file paperwork or follow legal procedures when it comes to sole proprietors and partnership. In both cases, the owner(s) is responsible for the profit and loss situations. It is the owner’s responsibility when they face legal charges and court orders. When the owners start these business structures, they commit to bearing all the challenges faced by their business.
 
Limited Partnerships
Limited partnerships are expensive and very hard to run. The limited partnerships are run by limited partners and general partners. Limited partners are in the shadows but reap full rewards.
 
 
Corporations and LLCs
Corporation is totally different from partnerships and sole proprietors. It is a separate identity and the owner is completely different from the entity.
The owners of an LLC pay taxes on their shares of the business income and it is similar to partnerships when it comes to taxes. Corporations and LLCs are mostly used when a risk of being sued by customers or they have personal assets they want to protect from business creditors.
 
Nonprofit Corporations

Nonprofit corporations, just like the name says, is a corporation that is made for the benefit of society. It is mostly run on donations and charities that are made by any one wants to. The government has exempted the nonprofit organizations of all the taxes, because they benefit the society in one way or the other.
 
Cooperatives
Cooperatives are made by people who love to start their businesses. This can be art, crafts or anything they love to do. These are referred in the market as groups. The environment of these groups are often known to be informal, since these are not legally registered.
0 Comments

30/6/2020 0 Comments

Audio:  Do business do the right way and protect your hard business : benefits of forming an LLC

0 Comments

30/6/2020 0 Comments

Audio:  New To Payroll Taxes? Here's A Quick Primer!

0 Comments

30/6/2020 0 Comments

Video: Make sure they understand you Merger Clauses

0 Comments

30/6/2020 0 Comments

Video: Termination Clauses

0 Comments

29/6/2020 0 Comments

Business Ownership Structures

Picture
​Learn about all there is to Business Ownership Structures.
Here is a short list of all the ways in which you can organize your business, before you decide to structure your business:
●       Sole proprietorship                                           
●       Partnership
●       Limited partnership
●       Limited Liability Company (LLC)
●       Corporation (for profit)
●       Nonprofit corporation (not for profit), and
●       Cooperative.
 
Sole Proprietorships
The business you do for yourself is called a sole proprietorship. Paperwork is not required if you want to open it, as it is a one-person business.
In sole proprietorship, the business and the owner are same. This means that the owner is always held responsible for profits and losses. He is personally responsible for all the debts or court matters.
 
Partnerships
A partnership is similar to sole proprietors, when it comes to no paperwork, but it is made up of two or more than two owners. The owners get equal shares, from which they pay debts and claims. They also use their personal assets in order to make payments. Sole proprietors and partnerships, both come handy when the business is small and does not require huge amounts of loan.
 
Limited Partnerships
The general partner is personally liable for business debts and controls the limited partnership's day-to-day operations. Limited partners are not personally liable for business debts or claims and, in return, they have minimal control over daily business decisions or operations.
 
Corporations and LLCs
A corporation is an independent legal entity, it is separate from the people who own, control and manage it. Owners only pay taxes on the money they spend on salaries and other expenses.
The owners of an LLC pay taxes on their shares of the business income and it is similar to partnerships when it comes to taxes.
 
Nonprofit Organizations
NPOs are mostly run on donations and charity as they are made for the society’s benefit. The government does not charge taxes on the NPOs.
 
Cooperatives
Cooperatives are organizations owned and operated democratically by its members. Everybody has an equal right in it. They have informal environments. 
0 Comments

27/6/2020 0 Comments

Video:  Protect whats yours- non-compete agreement

0 Comments

26/6/2020 0 Comments

Your employees are killing you!-protect yourself

0 Comments

23/6/2020 0 Comments

What precautions should you look for when buying a business?

Picture
Because there are many advantages in buying an existing business over building one from scratch, many investors take this route when they want to invest in a business. Doing so offers access to employees, customers, goals, brands, legal rights, and brand recognition that could otherwise take years to achieve.
However, not all businesses are a good investment and many are in the market because they are no longer profitable. Because of this, learning to identify the important signs of a bad business to buy becomes a valuable investment technique for entrepreneurs looking to buy instead of investing or founding a company. Here are some of the most common precautions to help you see bad business before it's too late:
A changing market
You can't just see a business. Even if it is successful, the market and the neighborhood you are in may direct you to another direction. In this case, a smart owner may see the opportunity to sell their business before it is hurt by bigger economic or market reasons than the business itself.
This is true not only in a physical sense, but in the market sense as well. Going back to 1995, video rental locations were very large in almost any neighborhood in America, but visionary business owners could see physical rents going down with internet services. Is the business you are seeing similar in a market that may be heading for disaster?
Unfulfilled Tax Obligations
This is very large for a couple of reasons:
  1. As soon as you buy the business, all past due taxes will be your obligation, with the past due taxes actually hidden payments in the purchase cost.
  2. If the landlord was unaware of these tax obligations, this may also be an indication that there are also other financial or legal corners that have been cut which could cost more than the money you paid.

For these reasons, you should determine the tax obligations of any business you are considering buying to avoid costly mistakes.
Secrets in the closet
Take some time to see things that are not so obvious. Every business, neighborhood, and even building has some skeletons or secrets in the closet. It may sound like a script for a bad movie, but has there ever been a crime on the premises? Has the company been embroiled in scandals? Clients have long memories of this kind of thing. Additionally, is the location close to a waste hazard or other sites?
There are no things a homeowner will always know, but a little research on neighborhood and local area businesses should provide you with information on issues that you might not otherwise see that would have a major impact on your profitability.

Low owner discretionary income
What the owner can take home after making business payments is known as the Owner's Discretionary Income. Examine the IDP of any business you are considering investing for two specific reasons:
  • Examine the amount and see if it is enough to support your family and lifestyle needs. If not enough, is quantity something that will work for you?
  • Compare the IDP over the past several years to see if it has risen or fallen. This is a key factor in seeing if the business is growing or dying. If the IDP is down, it is a good sign that the business will be a bad investment.
Since many business owners who have dropped their IDPs will realize that this hurts their opportunity to sell the business, pay attention to see if the owner is playing any game with the IDP. Ask him to review the financial information and have your accountants review the numbers with you.
Still have questions?
Please call us for a free appointment with Miami Business Lawyer Yoel Molina in our Miami office at 305-548-5020.
0 Comments
<<Previous

    Author

    Yoel “Mo” Molina and I am a lifelong resident of Miami, Fl.  I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S.  1997 and University of Maine School of Law, J.D. 2001.  I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office.  I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters..

    Archives

    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019

    Categories

    All

    RSS Feed


​Attorney Molina's BIO

Contact 

Criminal
Blog


Business Blog


Copyright 2018
​All Rights Reserved

"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team."  Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts.
"Yoel has been responsive and attentive to our company’s best interests and needs.   He has been a valuable resource to our company.  Any company that enlists his services would be in good hands-- including our own clients.” Corporate Client Gibran Flynn - Co-Owner and Founder of Eleva Solutions, Inc., the South Florida leader of outsourced HR, Staffing, Training, and Loss Prevention.
"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC.  In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP.  As in, the very next day!  I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo.  I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered.  I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!).  I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"