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Your Legal Corner - Client Alert Blog - Archives for November 2011

 
 

New Rules For Service Of A Mechanics Lien

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011
A.B. 456 amends California Civil Code Sections 3084 and 8416, relating to mechanics liens. Existing law requires a claim of mechanics' lien to be served on the "owner or reputed owner" of the property. Accompanying the lien is a proof of service affidavit which is required to state the name of the person upon whom the mechanics' lien was served. Effective January 1, 2012, for a mechanics' lien to [...]else400

Tags: mechanics lien
Posted In: Real Estate Reporter 


New CA Rules Governing Corporate Dividends & Distributions

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011
Effective January 1, 2012, A.B. 571 amends and greatly simplifies Chapter 5 of the California Corporations Code governing corporate distributions (dividends and share repurchases). In effect, A.B. 571 permits a solvent corporation to make a distribution to its shareholders so long as the value of the corporation's assets will exceed its liabilities after the distribution.

Prior to the adoption [...]else400

Tags:
Posted In: Corporate Client Bulletin 


New CA "Flexible Purpose" & "Benefit" Corporations

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011
If you plan to form or change a business in California, then your decision on what type of corporation to form just got even more difficult. Prior to January 1, 2012, individuals seeking to form a corporation had two options: form a for profit corporation which focuses on maximizing shareholder profit, or form a nonprofit corporation which prohibits investor profit. With the enactment of A.B. 361 [...]else400

Tags:
Posted In: Business Law Bulletin  Corporate Client Bulletin 


Joint Venture Exception to California’s Usury Laws

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011
In Junkin v. Golden West Foreclosure Service, Inc.,180 Cal.App.4th 1150 (2009), Gary Bennett (a hard money lender) loaned Donald Junkin III (a licensed real estate agent and investor) $856,000 to purchase a property for $1.975 million. The balance of the purchase price came from a licensed financial [...]else550

Tags: promissory note, usury
Posted In: Business Law Bulletin  Corporate Client Bulletin  Real Estate Reporter 


California’s New Trustee Sale Notice Requirements

Written By: Melissa C. Marsh, Esq., California Business Attorney, November 2011
Effective April 1, 2012, S.B. 4 amends California Civil Code §2924(f) to require a notice of trustee's sale for the non-judicial foreclosure of a single family residence, and properties with one-to-four residential units, to contain two (2) additional written notices:
  1. a notice to the property owner facing foreclosure about the foreclosure process and that the sale date may be postponed one or [...]endli 2 no a-468ol

Tags:
Posted In: Real Estate Reporter 


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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.