Business Law Organization of your Company and its Continuous Support

People vary and their businesses vary accordingly.  The purpose of the business and risks associated with it (think liability), scope, size, and location affect structure the decision to organize it.

Contract and Employments Law are Main Governing Legal Areas

Contract covers every aspect and affects every move that business makes.  Contracts are legally binding agreements and they are enforceable by law.  Almost never a written contract represents 100% of what parties agree on especially as the time goes on.  Take employment contracts that are marred by different interpretation and states’ code and interpretation. Contractual law is full of details that are not always easily understood from the first glance.  From employment agreements through purchasing equipment and handling any business exchange with clients/patients, business owner needs to make sure they cover the company from liability standpoint of view making profit along the way not only to survive but to thrive and expand.

Also, think insurance, medical coverage and licensing requirements.

Business Debt Management

Most businesses in the United States depend on extended credit to operate their business smoothly.  Banks that extend the business loans depend on the repayment to keep capital flowing to be able to pay their own credit and to extend credit to others.  Business lender has certain protections and regulations such as usury law, debtor’s personal liability and statute of limitations.

In a perfect world, in order to maintain a positive cash flow, businesses that get the credit pay the money back.  When businesses fail to pay their obligations to the bank, other businesses suffer.  Credit is much harder to obtain because the banks are no longer able or less willing to extend the credit.  An experienced attorney is a must to protect and fight for your rights and your business.  What parties need is an aggressive yet fair strategies that can mitigate losses and keep your business running.

Strategies vary depending on case by case basis.  Addressing the problem timely is an important key to winning your case that will protect your assets and affect their recovery.  An aggressive approach of handling debt will ensure you likelihood of getting your money back.

• Sending multiple requests and reminding of debt due may be null because it will allow the other party to buy time and hide the property.  Litigation is the best option because it will allow to put liens on property and stop fraud.
• On the other side, if you owe money, working with the creditor is very important.  An attorney can assist in reaching a fair settlement that allows both parties be happy with the outcome, which in turn, will save you money and save credit history.
• For more information about debt issues, check out  Consumer Affairs and Business Regulation
• For more information about unfair business practices, check out the General Laws: CHAPTER 93
• For more information about governance of Massachusetts business corporations, check out The Massachusetts Business Corporations Act G.L. C156D.

Constitutional Law

Firearms: Massachusetts is one of the toughest gun control laws.  On August 13, 2014, the Governor Patrick signed into a law a new legislation, an Act Relative to the Reduction of Gun Violence.

With the new law, Massachusetts defined a prohibited person, which applies to LTC and FID applicants.  Also, there is an additional restriction on holders of the FID card with the “suitability” provision requiring a two-prong standard of review relying upon a “preponderance of evidence.”   The new provisions become in effect starting January 2015.

Margarita is associated with the Commonwealth Second Amendment (Comm2A) and directly works with this grassroots civil rights organization that dedicated to promoting a better understanding of rights guaranteed by the Second Amendment to the United States Constitution

Handling:

• License to carry
• Brady denials – NCIS checks
• Appeals
• Firearm License Review Board
• Property Recovery

Please check Mass Chiefs Openly Discuss Licensing Abuse article written by GOAL to familiarize with potential pitfalls that you may encounter if you plan to apply.

Real Estate

• Purchase
• Sale
• Conveyancing

Litigation

When disputes are unavoidable handling litigation without representation by a trial attorney may be tricky whether one is Plaintiff or Defendant.