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Insights

Federal Judge Strikes Down FTC’s Proposed Ban on Non-Competes

A federal court has struck down the FTC's proposed ban on non-compete agreements, allowing employers to continue enforcing these contracts under state law. While the ruling maintains the status quo, employers should review their agreements for compliance and stay informed about potential future changes to non-compete regulations

California’s New Workplace Violence Prevention Plan Law: SB 553

California’s new Senate Bill 553 (SB 553) requires businesses to implement workplace violence prevention plans. Designed to enhance workplace safety, SB 553 mandates written plans, employee training, and reporting procedures. Staying compliant helps protect your employees and fosters a safer work environment.

Should Your Startup Join an Accelerator or Incubator?

Deciding whether to join a startup accelerator or incubator is a crucial step for early-stage companies. Both offer access to mentorship, resources, and potential funding, but they serve different purposes. Accelerators focus on rapid growth with structured programs, while incubators provide a more nurturing environment for developing business ideas.

Understanding Term Sheets

Navigating a venture capital term sheet is crucial for startup founders. This guide explains key terms like valuation, board composition, investors' rights, liquidation preferences, and anti-dilution provisions to help secure favorable investment deals.

General Counsel

How are taxes filed for a Multi-Member LLC?

Multi-Member LLCs must file IRS Form 1065 (partnership tax return) and provide Schedule K-1 forms to each member. Each member then reports profits or losses on their personal tax return.

Formation

Do I need an operating agreement for a Multi-Member LLC?

Yes. Even if your state does not legally require it, a written operating agreement is essential for outlining ownership, voting rights, profit distribution, and dispute resolution.

Formation

What is the difference between a Single-Member LLC and a Multi-Member LLC?

A Single-Member LLC has only one owner and is taxed as a disregarded entity by default, while a Multi-Member LLC has two or more owners and is taxed as a partnership unless corporate tax treatment is elected.

Formation

Can a Single Member LLC be converted to an S Corp?

Yes. You can elect S Corporation status for tax purposes by filing Form 2553 with the IRS.

General Counsel

Can I pay myself a salary from my Single Member LLC?

As an SMLLC taxed as a disregarded entity, you generally take owner’s draws instead of a salary. If you elect corporate tax treatment, you can pay yourself a salary.

Formation

Do I need an Operating Agreement for a Single Member LLC?

It’s not always required, but it’s strongly recommended to show business formalities and strengthen liability protection.

Formation

Is a Single Member LLC the same as a sole proprietorship?

No. While both are owned by one person, an SMLLC offers limited liability protection, unlike a sole proprietorship.

Formation

What is the difference between a PBC and a traditional C-Corp?

A PBC operates like a C-Corp but has a legal obligation to consider social and environmental impact alongside shareholder returns.

Formation

Can I convert my LLC to a C-Corp later?

Yes. Many startups begin as LLCs for simplicity and later convert to C-Corps to raise capital. However, conversions carry legal and tax implications. It’s usually easier and cheaper to start as a C-Corp if you know you’ll need it, but conversion is always an option.

Formation

What is the most flexible business structure for a small startup?

An LLC is often the most flexible option for early-stage businesses, offering pass-through taxation and fewer compliance requirements.

Subscriptions

How much does @VC Monthly Subscription cost?

Our subscription tiers range from $475 to $7,995/mo depending on your company's size, needs, stage, etc. Click here to see all our subscription tiers.

Subscriptions

How do I know which subscription level to choose?

We customize our monthly plans to suit your needs depending on your company's size, needs, stage, etc. Schedule a free consultation and we will find the best subscription tier for your business!

Subscriptions

How does @VC Monthly Subscription work?

All plans include on-demand communication and access to us and varying level of service depending on the subscription tier. Click here to see all our subscription tiers.

Subscriptions

What level of contact will I have with my attorney if I’m a @VirtualCounsel subscriber?

You have on-demand access to your attorney POC and the entire team via Slack, Basecamp, and email. Also, depending on your subscription tier, you will have a standing call set up either monthly or bi-weekly with your attorney POC. You may always call us ad hoc on top of our standing calls, but we’ve found that between the on-demand access and standing calls, you’ll be more than covered.

Subscriptions

How do I communicate with my lawyer?

With your @VC subscription, you will have unlimited access to your attorney POC and the entire team via Slack, Basecamp, and email. Also, depending on your subscription tier, you will have a standing call set up either monthly or bi-weekly with your attorney POC. You may always call us ad hoc on top of our standing calls, but we’ve found that between the unlimited access + standing calls that you’ll be more than covered.

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