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Ryan Responds: “Do I Need to Form a Business (Entity)?”

Ryan Responds trade name vs trademark

Ryan Responds Video on “Do I Need to Form a Business (Entity)?”

One of my New Year resolutions was to finally start doing short informative videos on various aspects of business law. Many social media consultant and other small practice firm friends urged me to do this, as I already do educational seminars for business owners. If you are in Honolulu on January 31st, you can come attend one.

So the “Ryan Responds” videos are meant to be a quick reply to people’s FAQs about business law. They are not specific in-depth advice. So they are not a replacement for consultation time directly with an attorney. Rather they are meant to bite-sized and approachable for people that have general questions.

If You have a Question for Future Ryan Responds Videos …

We launched this on a YouTube channel, as we hope to publish educational videos on other topics in the future. Finally, if there is a short question you want the answer to submit them to admin@hewbordenave.com with the Subject line “Ryan Responds”. Please keep your questions short, general, and related to a business topic. Please do not provide specific details of  your matter or attempt to seek direct and specific legal advice through this format. If you need assistance and legal services, then please schedule a consultation with an attorney in your relevant jurisdiction.

Thanks and Cheers!

RKH

Disclaimer: The content of this video is for general information purposes only. Nothing should be taken as legal advice for an individual cases or situations. The viewing of this video does not create an attorney-client relationship. If you need legal advice, please contact an attorney in your relevant jurisdiction.

Business Entity Formation Talk at ING Direct Cafe in Waikiki

Business Entity Formation Talk at ING Direct Cafe in Waikiki

August 1st – I will be holding my Business Entity Formation Talk from 6:00 – 7:00 pm. Come learn the differences between the entities at ING Direct Cafe.

Law and Legal Info in the Brief: Act 141, No Resolutions for LLCs, and the HSBA’s PBN Insert on Regulatory Compliance

Hey everyone, today’s Law in the Brief will be really brief!  I got some other interesting information to share as well.

Act 141:  Relating to Small Claims Court; Monetary Limit increased from $3,500 to $5,000

The Hawaii State Legislature was keen on access to justice issues this past session. The big one was ILAF (which I wrote a Civil Beat article urging passage of the bill) and at this past week’s Hawaii State Bar Convention the two attorneys responsible, Mihoko Ito and Gary Slovin, both with the law firm of Goodsill, Anderson, Quinn and Stifel, were recognized with the Ki’e Ki’e Award for their outstanding pro bono work (congratulations).

Anyway, another law making it easier for people to access justice is Act 141. This bill increased the maximum monetary claim that may be filed in small claims court; the prior maximum was $3,500 and with Act 141 it is now $5,000.

This is great for people seeking redress on a smaller level, but had disputes with a monetary value over $3,500.  If you were above that amount you would have to file a claim in another court, which had much higher filing fees. Right now, Small Claims Court has $35.00, whereas Regular Claims it is a $120.00. The advantage of filing in Small Claims as well is that it is typically simple, informal, and the cases resolved more quickly. Many business owners and landlords/property managers use Small Claims Court to resolve problems with damage to or repossession of stolen business property (i.e. shopping carts) and leased or rental properties.

For more information on Small Claims Court click here.

No Resolutions for LLCs

While at the bar convention last week Friday (9/23) I attended both the Corporations and LLC seminars. After all I had just conducted a talk on Business Entity Formation at Hawaii’s first coworking space, The Box Jelly. So I like to keep myself updated, so I can update clients as well. During my seminar, I discussed the difference in terminology between a LLC and Corporation. I also mentioned how important it is to understand those differences. One of the panelists at the LLC seminar proved the point.

Many of the formalities needed in a Corporation, are not needed in a LLC. One of those unneeded formalities are resolutions. The panelist bemoaned how many local bank personnel keep requesting her to draft resolutions for her client LLCs to authorize a loan. Her response, as would be mine to the bank is:

LLCs DO NOT NEED RESOLUTIONS TO AUTHORIZE ACTIONS.

This is one of the things I covered at my talk.  So if you missed my Business Entity Formations seminar not to worry I will be doing one again probably in a month (so Subscribe to this Blawg to find out when).

In the meantime, do not forget to sign up for my next talk on Social Media and the Law this Wed. (9/28) at The Box Jelly, starting 6:00 p.m. It will be $10 for The Box Jelly members and $15 for non-members. Materials are included.

Go to my Facebook page for info and invite. Also I would be happy to do a legal seminar for a gathering of more than 10 people. Contact me for details.

HSBA’s Pacific Business News Road to Regulatory Compliance Insert

Also at the bar convention Pacific Business News was handing out its current issue of (Vol. 49, No. 30). In it (right after the article on Hawaii’s awesome social media stars Toby Tamaye and Melissa Chang!) is the Hawaii State Bar Association’s insert Path to Regulatory Compliance. In it are several brief articles on new laws affecting Hawaii businesses. I recommend checking it out, especially the one on Protecting Gender Expression or Identity in the Workplace on page 11.

You might find that the author and the topic are familiar if you read this blawg regularly.

See you all Friday for Draw the Law wrapping up those worker privacy issues I have been discussing.

*Disclaimer:  This post discusses general legal issues, but does not constitute legal advice in any respect.  No reader should act or refrain from acting based on information contained herein without seeking the advice of counsel in the relevant jurisdiction.  Ryan K. Hew, Attorney At Law, LLLC expressly disclaims all liability in respect to any actions taken or not taken based on the contents of this post.