Special Purpose Trusts – 2 Most Common Forms
A trust is a legal entity that is created and holds title to assets during the life of the person who places assets inside the trust
Entries by Don Loose
Oral Contracts and Their Enforceability in Arizona
While different rules apply to proving each, one type of contract is not necessarily more enforceable than the other.
When are Written Contracts Required in Arizona?
The Arizona State Legislature, to prevent fraud, enacted a law requiring that certain promises or agreements be in writing. An action brought on an oral agreement in violation of the Statute of Frauds will be dismissed by the court.
Interest Rates as Established by Private Contract or by Law
In Arizona, interest on any loan, indebtedness, or other obligation will be at the rate of 10% per annum, unless a different rate is contracted for in writing.
Workers’ Compensation in Arizona and Liability for Injuries on the Job
The workers’ compensation laws provide for the payment of compensation to workers who are injured on the job in Arizona.
Arizona Unemployment Insurance – Employer Duties & Employee Benefits
Every employer in Arizona, with limited exceptions, must pay state and federal unemployment taxes.
Payment of Wages – Governed by State Law in Arizona
An employee who is owed wages may file a lawsuit against the employer for three times the amount of unpaid wages.
Where to Draw the Line on an Employer’s Liability for Employee Actions
An employer is generally not responsible for travel by an employee while going to and from the work place.
Non-Compete, Non-Solicitation and other Employment Covenants
A restrictive covenant generally will be strictly construed against the employer.
What is a Fictitious Name Certificate?
Many individuals and companies do business under fictitious names. A fictitious name simply is a name different from the true name of the business owner.
How to Register Trademarks and Trade Names in Arizona
A trademark is a word, name, symbol or device, or any combination of these items, that is used by a person or company to identify its goods, and to distinguish them from goods made or sold by others.
Homeowners Associations – Their Rights, Reach and Structures in AZ
An association may not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of its members.
Your Business Attorney – Considerations in Forming Partnerships in Arizona
A partnership is an association of two or more persons to carry on, as co-owners and a business for profit.
The Business Advantages of Limited Liability Companies
A limited liability company may be organized in Arizona to conduct any lawful activity, except banking or insurance.
What is the Difference Between Non-Profit Corporations and Tax Exempt?
Non-profit corporations are everywhere. In Arizona, there are about 40,000 non-profit corporations.
Corporate Counsel: What are the Tax Advantages in Setting Up an S-Corporation?
In the majority of cases, it is more beneficial to the corporation and its shareholders to elect to be an S corporation.
Statute of Limitations: Time Limits to File Lawsuits in AZ
The law imposes time limits for the filing of lawsuits. These time limits are known as statutes of limitations.
Save on Court Fees – Consider Mediation and Arbitration of Disputes
Mediation is a process in which a neutral person (the “mediator”), often a retired judge, assists the parties in reaching their own settlement, but the mediator does not have the authority to make a binding decision.
Arizona Justice Courts and Small Claims Court AZ – Lawsuits Under $10K
If a defendant files a counterclaim in justice court for more than $10,000, the case will be immediately transferred to the superior court.
What Happens when a Child is Injured by Another’s Acts?
If a child has a guardian, the guardian may sue or defend in court on behalf of the child. If a child does not have a guardian or other fiduciary, the child may sue by a next friend or a guardian ad litem.
When Can People Selling or Serving Alcohol Be Held Liable?
It is illegal for a person to manufacture, sell or deal in spirituous liquors in Arizona without being properly licensed.
Recording False Documents Carries Criminal and Civil Liabilities
A false document is one that is forged, groundless, contains a material misstatement or false claim, or is otherwise invalid.
What is a Fiduciary and What Happens in a Breach of Fiduciary Duties?
A fiduciary is a person who has a relationship with another based generally on trust and confidence.
No Contract? Payment for Services May Still be in Order
When a person is employed in the services of another for any period of time, the law implies a promise to pay what the services are reasonably worth.