What does “Its” and “By” mean on a contract’s signature line?
by your business attorney and San Francisco Estate Planning attorney A contract signature block that looks somewhat like the following: NAME OF COMPANY SIGNING THE CONTRACT By: ___________________(signature) __________________(print name) Title: _________________ Date: _________________ Sometimes we use the word “Its” instead of “title.” It is intended to designate what position the signer holds at the […]
Does an LLC need an Operating Agreement?
This post answers the following question: Is an operating agreement required? As is the case for many issues pertaining to limited liability companies, the answer varies from state to state. To answer this question, we need to examine the relevant statutes for each state. Most States, Operating Agreement Not Required Most states do not require that an LLC […]
Can I Sign Contracts for a Corporation?
This issue comes up here and there. Authorization to sign contracts is addressed in the corporation’s bylaws and / or in resolutions of the board of directors. If specific authorizations are set forth in the bylaws, changing those authorizations can cause some problems, because the bylaws must be amended. Thus, it would be better to have specific […]
Why use “Amended and Restated”?
“Amended and restated” is a term used by lawyers quite a bit. This post discusses that term’s meaning and why attorneys use it. “Amended and restated” can apply to any type of legal Agreements. Examples: Certificate/articles of incorporation; Corporate bylaws; Limited liability company operating agreement; Any other type of agreement; What is Amended and Restated… […]
Moving My Corporation to Another State
I find that for most entrepreneurs, it makes sense to incorporate in the state where the entrepreneur resides. Incorporate in the state in which you are doing business, unless there is a good reason to do otherwise [in which case the other state chosen probably will be Delaware]. Why Move a Corporation to Another State? However, if the entrepreneur […]
Fictitious Business Name Publication
A fictitious business name (FBN) is California’s term for a DBA (“doing business as”). This post explains the State’s FBN publication requirement and describes how I have selected newspapers for this purpose. Once you file your FBN statement with the clerk of the applicable county, you have 30 days to arrange for a “newspaper of general […]