How Do I Write Corporate Minutes?
Video Summary
How do I write corporate minutes? Well first let’s talk about what we mean by corporate minutes. Each year, at least once a year, you need to have a shareholders meeting and under your bylaws of your corporation you have to give notice to the shareholders that you’re holding a meeting. What you customarily do is simply have a waiver signed particularly whenever let’s say one or two shareholder corporation and they simply waive notice of the meeting. The shareholders then primary function is to elect the directors and so you write up the minutes giving the date, time and place the meeting took place, who was present and how many shares of stock that each of the shareholders held and hopefully if they were present or not so that you have a quorum and you further go on down in the minutes and say that the shareholders conducted an election and elected so and so, which is usually themselves, as the directors of the corporation. And then you have the secretary sign off on the minutes and put those in the corporate record book with the waiver of the notice of the meeting.
Then the directors usually meet immediately thereafter, if it’s a small corporation, and again, if there are just one or two directors, you have them sign a waiver of the notice of the meeting. So then the directors, their primary function are to select the officers for the upcoming year and they elect who the president, vice president, secretary, treasure is concern. Also that they may approve any major purchases that the president or someone has done during the past year, possibly approve salaries; contributions to 401K’s, compensation, bonuses, and things such as this would then go in the director’s meeting for the various officers. And then again, you have the Chairman of the Board sign the minutes as well as the secretary for the corporation and then insert the waiver of the meeting and the minutes.
We, at my office, send out a questionnaire and a notice that these minutes need to be done. Each year we try to send it out the first part of the year and ask for the information and then we prepare these in duplicate; the shareholders minutes and the director’s minutes. Once we have them prepared in duplicate, we send them back out to be signed with one copy going in our file for the corporation, the other going in the corporate record book.
I believe we charge $250 for the preparation of the minutes each year. We also remind you that you must file with the Secretary of State each year and right now the fee is $150 must be paid before May 1st, 2000, well its May 1st of each year.
It is also very critical that you have shareholder meetings and director’s minutes if you want to enjoy the protection of not being liable for the corporate debts. Because if you’re going to be a corporation, you need to act like a corporation and have your annual meeting of shareholders, elect directors, the directors need to elect the officers and then whenever you are sued and they attempt to pierce the corporate veil, then you have the corporate minutes to show that these are corporate debts and the shareholders will not be personally liable for the corporation debts.
So if you have any questions about your corporate minutes, give me a call at (727) 847-2288. Thank you.
- Published in LLC's and Corporations, Videos
Can I Short Sell My Home if I Am Not Behind in Mortgage Payments?
Video Summary
Can I short sell my home if I’m not behind in my mortgage payments? The answer to that is if the lender will negotiate with whoever’s negotiating the short sale for you, you can. Our experience has been that many lenders are very, very reluctant to discuss with you the short sale. Now if you want to sell your home and the sales price is less than the full mortgage amount and you want to preserve your credit, you are in a position to pay the difference between the mortgage and what you sell your home. Or work out an arrangement with the lender so you can pay it out over time. But the key to selling it, if you want to be released from liability and not have to pay the deficiency between the amount that you sell the property on and what you owe the lender is getting the lender to go along with it.
And as I’ve indicated, most lenders are very reluctant to enter in to those negotiations. In fact some lenders have told certain borrowers that “Well we’re not gonna talk to you until you quit making your payments for two months. After you quit making your payments for two months, call us back and see about negotiating the sale.” Which bothers some people because then that’s going to affect their credit and they would like to preserve their good credit. So if you have any questions about short sales well give me a call at 727-847-2288. Thank you.
- Published in Real Estate - Foreclosure, Videos
What Happens if an Unwanted Guest, or a Trespasser, is Injured on My Property?
Video Summary
What happens if an unwanted guest or a trespasser is injured on my property? Am I liable? Well before you’re liable to anyone, whether they’re an invited guest or not, they have to show that you were negligent. And so if you maintain your property, I take it this is in the context of an improved residential piece of property, we have to show you were negligent in not maintaining the property which is usually not a particular problem in this area. Usually the problems with property are concerned is like with stairways as far as tenants or invited guests for that matter, or tenants if you’re negligent in maintaining your property.
If you have vacant property, there is some liability if there’s what they call an attractive nuisance in the property. Such as water, large sand piles, things like that where you attract children that may go there. You cannot set up say barbed wire to keep the motorcycles out or whatever, and put it about chin high so when the motorcycle goes through that they may be hurt in that manner. But otherwise if you just have a vacant piece of property, somebody goes out there, and steps in a hole or whatever, you don’t have liability as far as owning the property just because they’re injured. The injured person must show that you were negligent in maintaining your property, and so you don’t have liability just because someone gets hurt.
I don’t do a lot of personal injury cases, but that’s my understanding of the law. If you have any questions about it, well give me a call at 847-2288 and I can refer you to another attorney. You may wish to obtain an umbrella policy on your homeowner’s insurance to protect you against any unwanted lawsuits that may come your way, as a result of owning property. Thank you.
- Published in Real Estate, Videos
Do I Qualify for the Foreclosure Relocation Assistance Program?
Video Summary
Do I qualify for Foreclosure Relocation Assistance Program? The answer to that question is, it depends on the lender. Recently we have not seen a lot of lenders volunteering that information or volunteering those funds. We have been successful in cases that are litigated to offer to the lender a judgment of foreclosure or a deed in lieu of foreclosure called Cash for Keys. And that may be considered relocation money, but it’s basically money if you agree to go nicely and leave the house in good order. So that is available; however, you’re probably going to have to retain an attorney and fight the foreclosure. And in order to try and resolve the case on that basis in the industry or the lawyers call that “Cash for Keys” and could be considered relocation expense money which was a term that was used probably a couple of years ago.
And I believe that the Bank of America was using it, or Wells Fargo, one of the two, and they were doing that even after the foreclosure took place, and they would let the people stay in there and work out something. They’d give them some money to relocate them. But now it’s now just Cash for Keys, and it’s something that has to be negotiated and the lenders are not necessarily offering that without a foreclosure defense. If you need some help with your foreclosure, give us a call at 847-2288. Thank you.
- Published in Real Estate - Foreclosure, Videos