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Florida’s Revised Limited Liability Company Act: Part IV – Indemnification of Members and Managers

December 11, 2013 Professional Services Industry Legal Blog

This blog post is the fourth in a series of posts that will discuss Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post focuses on the changes to Florida law concerning the indemnification of members and managers of LLCs.

Florida’s Revised Limited Liability Company Act: Part III – The Right to Dissociate From the LLC

December 6, 2013 Professional Services Industry Legal Blog

This blog post is the third in a series of posts that will discuss Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post focuses on the power of members to dissociate from an LLC under the Revised Act.

Florida’s Revised Limited Liability Company Act: Part II – Filing Statements of Authority

November 26, 2013 Professional Services Industry Legal Blog

This blog post is the second in a series of posts focusing on Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are a few significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post discusses the filing of the statement of authority, which the Revised Act allows pursuant to Section 605.0302, Florida Statutes.

Florida’s Revised Limited Liability Company Act: Part I – The two Acceptable LLC Management Structures

November 19, 2013 Professional Services Industry Legal Blog

This blog post is the first in a series of posts focusing on Florida’s Revised Limited Liability Company Act, which was passed into law in June 2013 and is codified in Chapter 605, Florida Statutes. The Revised Act takes effect January 1, 2014 for all LLCs formed after that date. For LLCs formed prior to 2014, the Revised Act becomes mandatory on January 1, 2015. Although much of Florida law governing LLCs remains the same under the Revised Act, there are a few significant changes that managers and members of LLCs should be aware of and that may require revisions to existing operating agreements. This post discusses the Revised Act’s elimination of the “managing member” concept for LLC management structures.

What’s in a Name? Or More Specifically…What’s in a Signature?

November 6, 2013 Professional Services Industry Legal Blog

It is common practice amongst practitioners in a contract dispute case to confirm the opposing party executed the essential documents to the transaction. Execution equals assent to the contract. But is the standard signature we think of, a cursive representation of our legal name, even necessary to create a contractual obligation? In reality, it is not. And lucky for us too because future generations may not even understand today’s concept of a signature.

Trial Tips: A Summary of the Best Litigation Related Articles of 2013

October 1, 2013 Professional Services Industry Legal Blog

Thanks to the omnipresence of the internet, there is no shortage of blogs or articles on nearly any and every topic imaginable. This may seem wonderful, but the problem then becomes not merely locating an article or blog, rather finding a good great article or blog. This can be especially true for attorneys. This blog post focuses on the Top 11 Litigation Articles from 2013.

Revitalizing Downtown Jacksonville: Fifty Years in the Making

September 24, 2013 Construction Industry Legal Blog, Governmental Entities Industry Legal Blog, Professional Services Industry Legal Blog

  The revitalization of Downtown Jacksonville has been at the top of the business, civic, and political agenda for the last fifty years, but with the recent creation of the Downtown Investment Authority (DIA) Board, the effort to revitalize Jacksonville’s Downtown may finally be gaining momentum.  To appreciate why the […]

You Have a Judgment and Want to Collect on It

September 4, 2013 Professional Services Industry Legal Blog

After a party obtains a judgment in a lawsuit, it may then be left trying to collect on it. Assuming the judgment is not paid, parties will likely engage in post-judgment discovery to locate assets and/or discover fraudulent transfers. Florida Statute § 56.29 provides judgment creditors with an expeditious remedy to both discover assets which may be subject to the judgment, as well as subject those assets to a speedy proceeding in the same court where the original judgment was obtained. Regent Bank v. Woodcox, 636 So. 2d 885, 886 (Fla. 4th DCA 1994).

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