Archive for the ‘Legislation & Regulations’ Category

The New Uniform Limited Cooperative Association Act

Monday, September 28th, 2009

Contributing editor Thomas E. Geu (South Dakota) and co-author James B. Dean have a new article, The New Uniform Limited Cooperative Association Act:  A Capital Idea For Principled Self-Help Value Added Firms, Community-Based Economic Development, And Low-Profit Joint Ventures,  44 Real Prop. Tr. & Est. L.J. 55 (2009).

Gary Rosin

Delaware’s Recent Amendments to Alternative Entity Statutes

Wednesday, August 19th, 2009

Delaware recently amended several of its alternative business entity statutes.  The amendments show that Delaware continues to make the statutory framework governing unincorporated business entities flexible and business friendly.  The recent amendments affect the Delaware Limited Liability Company Act (DLLCA), the Delaware Revised Uniform Limited Partnership Act (DRULPA) and the Delaware Revised Uniform Partnership Act (DRUPA).  The amendments became effective August 1, 2009.  One such amendment codifies the doctrine of independent legal significance, developed in Delaware corporation law, to apply to alternative business entities.  For an excellent review of the many amendments, see Delaware Amends Alternative Entity Statutes.

Donald Scotten

Update:  The Selected Statutes page (see the right-hand column) has links to the amended versions of Delaware statutes.  GR

California considers expanding permissible uses of LLCs

Wednesday, August 12th, 2009

The California legislature is considering a bill that would expand the permissible uses of LLCs.  Presently, the California LLC Act allows LLCs to engage in any lawful business except banking, insurance, trust company business, or the offering of professional services for which a license, certification or registration is required, unless expressly authorized under other statutory provisions.  The bill under consideration would allow an individual or a business providing services as a contractor to form and operate as an LLC.  In addition, this bill would authorize the State Contractors’ License Board to issue a contractor’s license to an LLC.  More information can be found on the California Franchise Tax Board’s website.

Posted by Donald Scotten