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Curtis, Curtis & Brelinski
(23)
Employment Law & Benefits, Litigation, Business Law / Services
“Their ability to see me on a moments notice, the competency of the attorney, and their flexibility on how they billed me leads me leave a positive review.”
FAQs
What are the requirements of a DPA?
The legal requirments for a patient advocate are set forth by a Michigan statute in the Estates and Protected Individuals Code. That statute sets forth four basic requirements for a DPA: Must in writing and dated Must be witnessed by at least two people who are not related to the patient Must be made part of the patient's medical record The patient advocate must accept the designation as patient advocate before he can act
Can a DPA be revoked?
A DPA may be revoked by the patient at any time by communicating, in any manner, an intent to revoke the DPA. A DPA may also be made irrevocable in some circumstances.
What types of ownership structure are possible for a limited liability company?
In Michigan, there are two classes of LLCs: manager-managed LLC and member-managed LLC. The organizers of the LLC elect whether the LLC is to be a member-managed LLC or a manager-managed LLC in the articles of organization. A manager-managed LLC is an LLC whose daily business operations are managed by one or more managers who are elected by the members. This type of LLC may be used in situations where there are some silent investors or partners who contribute capital to the LLC but are not interested in the daily management of the LLC, or in situation where there are several members and it would be inefficient for each member to have a say in the daily management of the LLC. A member-managed LLC is an LLC whose daily business operations are managed by the members. The daily management of this LLC is handled by the members alone. In this case, each member has an equal say in the operation of the business unless the members agree otherwise (such an agreement would typically be outlined in an operating agreement). A member-managed LLC is usually selected in situations where there are a small number of members.
Can I convert my existing partnership to an LLC?
Many people who decide to form an LLC already have an existing business that has been operated for several years as a partnership or sole proprietorship. Often owners of these businesses learn about LLCs and decide that they want to take advantage of the liability protection offered by the LLC. Any partnership or sole proprietorship may easily convert into an LLC. In the case of an existing business converting to an LLC, the process is essentially the same. The owner of the sole proprietorship or the partners of the partnership form an LLC and begin operating their business under the new entity. As with all LLCs, it is important to transfer the assets that will be used in conjunction with the business to the LLC. For example, if the business is a lawn and landscape service the sole proprietorship or partnership should transfer the assets (lawn mowers, etc.) to the newly formed LLC. A simple bill of sale can accomplish this. Finally, it is important that the owners of the existing business which will convert into an LLC terminate the old partnership or sole proprietorship. In Michigan, this usually can be done at the local county clerks office.
When must the disclosure be given?
In sales transactions, the Disclosure must be given prior to execution of a binding purchase agreement. In installment sales contracts where no binding purchase agreement has been executed, must be given before purchaser executes binding sales contract.
You can find more info on the FAQ page of our website.
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