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Category Archives: Business Law

NonCompete2

Can You Enforce a Non-Compete Clause in Florida?

By McCabe Rabin, P.A. |

As an employer, preparing non-compete clauses can be useful when it comes to protecting certain aspects of your business. It is important to draft a legally binding agreement so that it can be enforced in the event of a breach by the former employee. In Florida, a non-compete agreement can be enforced provided it… Read More »

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What is a PLLC and How Does it Differ from an LLC?

By McCabe Rabin, P.A. |

PLLC stands for professional limited liability company, which is similar to a regular LLC, or limited liability company. The main difference is there are requirements and restrictions that limit the formation of a PLLC to a business that provides a “professional service.” Chapter, 621, Florida Statutes defines the term “professional service” as any personal… Read More »

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Common Deadlock-Breaking Mechanisms for LLC Disputes

By McCabe Rabin, P.A. |

When preparing an LLC operating agreement, you should include member deadlock-breaking mechanisms. When a deadlock occurs, it can create problems and cause disputes between the LLC’s members. Without any deadlock-breaking mechanisms, the LLC may face a number of avoidable problems, including litigation expenses, loss of productivity, and resentment between members. In extreme situations, a… Read More »

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Business2

Can an LLC Expel an LLC Member in Florida?

By McCabe Rabin, P.A. |

Disputes between LLC members are relatively common, and there are situations where the discussion of expulsion comes up. In Florida, you can only expel an LLC member under certain circumstances, which are outlined in the state’s Revised Limited Liability Company Act, known as the “Revised Act.” The Revised Act took effect on January 1,… Read More »

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LLC

Is an Operating Agreement Required for an LLC in Florida?

By McCabe Rabin, P.A. |

Florida doesn’t require that you have an Operating Agreement for your Limited Liability Company (LLC), but it is recommended that you have one. When setting up your company, it’s beneficial to seek legal advice from a Florida LLC Business litigation attorney. Business attorneys can not only assist with setting up your LLC, but they… Read More »

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Member Versus Manager Managed LLCs in Florida

By McCabe Rabin, P.A. |

When setting up a limited liability company (LLC) in Florida, you need to decide how the business will be managed.  An LLC functions similar to a corporation, but the management structure is different. You can choose to either have it managed by one or more members, or by a manager. Why Do You Need… Read More »

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BusLoss

How to Dissolve a Corporation

By McCabe Rabin, P.A. |

Unless a limited duration is expressly noted in the articles of incorporation, a corporation exists in perpetuity. Therefore, in order to dissolve a corporation, formation action must be taken by the corporation itself, or by others, in order to terminate its existence. Corporations can be dissolved in one of two ways: voluntary or involuntary…. Read More »

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Unique Problems for Publicly Held Corporations

By McCabe Rabin, P.A. |

Publicly held corporations have a unique set of challenges compared to those that closely held corporations have to manage. While the stock is transferable, it’s also subject to strict, complex securities regulation. Their larger size also places public corporations high on the radar for more rigorous scrutiny by administrative agencies in areas like antitrust,… Read More »

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NonCompete

Enforceability Of Non-compete Clauses In Florida

By McCabe Rabin, P.A. |

There are many reasons an employer may not want a leaving employee to open a competing business or join an established competitor after leaving the employer. Whether or not the employee leaves under friendly terms or is fired following a negative incident, the employer may want to protect its interests by restricting the kind… Read More »

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What Rights and Duties Does an LLC Operating Agreement Govern?

By McCabe Rabin, P.A. |

Under the Florida Revised LLC Act, an operating agreement governs the following areas of an LLC: Relations among and between the members of the LLC and the LLC itself; A manager’s rights and duties; The LLC’s general activities and affairs; and Any conditions or means necessary to amend the operating agreement. §605.0105(1), Florida Statutes…. Read More »

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