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Why Choose a Business Entity?
As attorneys, we talk a lot about the considerations that go into choosing a business entity for your business, but what may not always be clear are the reasons for choosing to organize or incorporate your business in the first place. After all, you don’t need* to organize or incorporate your business at all! That’s right – it is possible to be in business without choosing to structure your business as one entity or another, but even that is a choice, and it’s called a “sole proprietorship.” So, if you’re already set up as a sole proprietorship just by existing and operating a business, why choose another form? While there are plenty of reasons to do so, one stands head and shoulders above the rest: More >
Tax, Intangible Assets, and the Value of Taking A Closer Look: A Case Study
In the buy-vs.-lease consideration, the overall tax burdens and advantages of each option must include a clear-eyed approach as to the precise components of each option and should assign appropriate values to each. When the lease option is chosen, a recent case illustrates the high value of getting a sense of the whole picture, especially as the protest period for real property tax assessments looms. More >
Mergers and Acquisitions: Five Early Considerations in any M&A Transaction
Mergers and acquisitions (M&A) can be tricky transactions, a delicate dance between buyer and seller that must be choreographed in minute detail. This requires contemplation of a multitude of issues at the outset, many of which must be addressed as early as the letter of intent stage. Below are some of the top issues that should be decided upon as early as possible in the M&A process, as doing so is paramount to a successful transaction. More >
Partial Dodd-Frank Rollback Should Help Kentucky Community Banks
As many of us in the banking industry know, Dodd-Frank, which was passed in 2010 as a response to the global financial crisis, may have ultimately served as more of a machete in quick response to a situation that needed a scalpel. Our community banks especially were caught in the crossfire of the new patchwork of regulation. These regulations effectively hobbled the ability of these banks to lend due to the cost-prohibitive expense of compliance for mortgage lending. This took a toll on our banks, many of whom served rural areas in Kentucky and were best situated to make these loans to our local communities. More >
Downtown Property Owners and Businesses: You May Be Eligible for This Grant
There’s great news in the air for downtown property owners. The Downtown Lexington Partnership and the Downtown Lexington Management District have created a matching grant program that provides assistance to small businesses and those with property in the downtown district to improve those properties. More >
Student Loans and the Rising Acceptance of Bankruptcy Non-Dischargeability: Lenders Beware?
Since 2005, student loans have been nondischargeable in bankruptcy proceedings unless a debtor can prove that repayment would subject him/her to “undue hardship.” Historically, this standard has been incredibly hard to meet, causing debtors to emerge from bankruptcies still covered in student loan debt. Now, due to the ever-expanding student loan bubble, bankruptcy courts around the country are starting to take a second look at student loan debt and what can be done to change the way bankruptcy judges approach the problems student loan debts create. This added scrutiny by the courts should make lenders who offer private student loans or consolidation loans wary. More >
SEC Crowdfunding Rules - Another Vehicle for Capital?
On Monday, May 16th, 2016, SEC regulations allowing companies to offer and sell securities through crowdfunding came into effect, opening the world of capital formation to newer investors under provisions in the JOBS Act of 2012. These regulations were a long time coming for the SEC, and the results will soon be visible as a new line of private equity fundraising comes into view. More >
Five Legal Considerations for Starting a Small Business: Which Type of Entity is Best?
You started your small business yourself – just you and an idea. As time went on, you became more successful. You added employees. You opened a storefront. You started contracting with outside vendors. And while each of these events took place, you added additional liability – liability that could harm you personally as a sole proprietor. That’s exactly why business entities exist; they create a sustainable structure in which to operate while simultaneously shielding you personally from liability, for the most part. Not all business entities are created equal, however, and choosing an entity to organize or incorporate can come with both benefits and consequences. More >
Kentucky Slashes Statutory Interest Rates
In March of 2017, Kentucky moved to slash statutory interest rates. HB 223, sponsored by Rep. Joe Fischer and signed by Gov. Bevin on March 16th, cuts interest rates on civil judgments by half in some instances. This new law may have a significant impact on lenders and judgment creditors, as the higher rates provided an incentive for judgment debtors to move quickly to pay off the civil judgment. More >
The Case for Diversity in a Law Firm Setting
As lawyers and legal professionals, we work in one of the least diverse professions in the country. At McBrayer, we are committed to doing our part to help improve diversity and inclusion in the profession. Lawyers can be slow to change, much like the law itself, but several recent initiatives give us hope. More >
