Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for December 2023 is Fore Children Inc. for its mission to provide deserving youth access to the best golf facilities and programs throughout the Richmond region. Check them out at www.forechildreninc.com

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for November 2023 is Sisters Network Inc. Perkins Law salutes the Sisters Network Inc. for its mission to increase local and national attention to the devastating impact that breast cancer has in the African American community.

There is an upcoming Small Business Networking event sponsored by SCORE on November 14, 2023 from 5pm-7pm at Garden Grove Brewery and Urban Winery.

I have been a loyal Crumbl customer since they entered the Richmond market a few years ago.  As Starbucks did with coffee, Crumbl has successfully pushed the price point for a cookie to a premium level.  Ever considered becoming a Crumbl franchise owner?  Here are a few things worth considering: On a positive note: Started […]

One of the highlights at Perkins Law every fall is the announcement of scholarship recipients at the Bon Secours Memorial College of Nursing.  For the sixth year in a row, Perkins Law has sponsored a scholarship to help a deserving nursing student on his or her path to a professional career in nursing.  With the […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for October 2023 is Hitting Cancer Below the Belt (HCB2). Perkins Law salutes HCB2 for its mission to provide community education, early detection services for the uninsured, and direct support services for patients and survivors […]

One of the important decisions nonprofit leaders need to make during the organizational stage is choosing a fiscal year that aligns with the organization’s mission and other factors. A fiscal year is a 12-month financial reporting period that determines when a nonprofit organization starts and ends its accounting cycle. When selecting a fiscal year, several […]

There is an upcoming Best Practices Workshop event sponsored by SCORE titled “Legal & Accounting Basics for Virginia Entrepreneurs” on October 24, 2023 from 12pm-2pm at the Publix at John Rolfe Commons. Click here for more info.

There is an upcoming Small Business Networking event sponsored by SCORE on October 19, 2023 from 8am-10am at the Dominion Energy Innovation Center. Click here for more information.

The Black Tennis Hall of Fame is set to acknowledge and honor black excellence in tennis with their 15th annual induction ceremony at the Virginia Museum of History and Culture on September 23, 2023. Over the years, this organization has recognized legendary athletes, coaches, and contributors to the sport of tennis. As the years go by, […]

There is an upcoming “How To” workshop event sponsored by SCORE titled “Why Franchising? Introduction to Franchising as a Business Opportunity” on September 27, 2023 from 6pm-8pm at the Publix at John Rolfe Commons. Click here for more info.

Question:  I feel terrible for those affected by the recent Maui wildfires.  An old friend living in Maui was displaced by the fires and lost everything she owns.  I would like to organize a crowdfunding drive to provide financial support to her and would like to ask my church to serve as a conduit to […]

There is an upcoming “Best Practices” workshop event sponsored by SCORE titled “How To Launch a Nonprofit” on October 17, 2023 from 6pm-8pm at the Glen Allen Public Library. Click here for more info.

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for September 2023 is Operation Enduring Warrior. Perkins Law salutes the OEW for its mission to honor, empower, and motivate our nation’s wounded military and law enforcement veterans through physical, mental, and emotional rehabilitation.

There is an upcoming “Best Practices” workshop event sponsored by SCORE titled “Be Your Own Publicist” on September 19, 2023 from 6pm-8pm. Click here for more info.

RVA small business and franchise attorney Eric Perkins has been selected by peers in the legal community to be included in the 30th edition of The Best Lawyers in America for his work in franchise law for the 14th year in a row. With over 25 years of experience representing franchise systems and franchise owners, […]

There is an upcoming “Best Practices” workshop event sponsored by SCORE titled “Picture Your Success with a One-Page Business Model” on September 12, 2023 from 5:30pm-7:30pm. Click here for more info.

Thousands of businesses have pursued franchising as a growth strategy over the past 50 years.  Many are household names with tens of thousands of locations around the world (e.g., McDonald’s, Subway, Kentucky Fried Chicken, Marriott) while others fizzled out without much fanfare.  Seemingly every conceivable industry and business model has been franchised at some point.  […]

There is an upcoming “Best Practices” workshop event sponsored by SCORE titled “Financial Basics for Small Business Owners” on September 13, 2023 from 6pm-8pm. Click here for more info.

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for August 2023 is Honor Loan. Perkins Law salutes the Honor Loan for its mission to empower people by teaching the entrepreneurial mindset for personal and professional growth.

As a small business owner, you likely already understand the importance of building connections and developing a loyal customer base. But precisely how do you accomplish those things? Best-selling author Jeffery Gitomer’s “Little Black Book of Connections” is a helpful resource in this regard and here are ten quick tips gleaned from Gitomer’s book. 1. […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for July 2023 is Caring Clothes Closet. Perkins Law salutes the Caring Clothes Closet for its mission to address the immediate needs of people in the Richmond, Virginia Metro Area by providing free clothing to families […]

William McRaven is a retired four-star Admiral who served in the United States Navy for 37 years. He is known for his inspiring speeches and books on leadership. One of his best-selling books is “Make Your Bed: Little Things That Can Change Your Life…And Maybe Even the World.” In this engaging, easy-to-read book, McRaven begins […]

Franchising has become a popular business model for first-time entrepreneurs looking to own their own business. By acquiring a franchise, you get instant access to an established brand and a collection of what should be proven business practices and marketing tools. However, before jumping into a franchise opportunity, you would be well advised to conduct […]

MARK YOUR CALENDAR!! USTA’s Net Generation is conducting an upcoming webinar on Wednesday, June 21 from 12:30 – 1:15pm on nurturing great sportsmanship and competitiveness with guest speaker Christina McHale. The former WTA Pro will shares her experience on the importance of sportsmanship and how it can help elevate your child’s game. Click here for […]

Looking for corporate governance , compliance, and regulatory guidance? As part of its continuing commitment to the Virginia nonprofit community, Perkins Law is pleased to offer a package of legal support services on a flat fee basis . Nonprofit organizations, staff , and executives can enjoy access to legal advice and resources covering a wide […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for June 2023 is LIiDA (Legal Intervention in Domestic Abuse). Perkins Law salutes LIiDA for its mission to fund free legal representation to obtain protective orders for victims of domestic abuse, stalking, and harassment.

For those exempt organizations operating on a calendar-year basis, don’t forget that your Form 990 for 2022 (whichever version you are required to file) is due by May 15th. Not to be a downer, but also keep in mind that if you neglect to file for three consecutive years, then the IRS will automatically revoke […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for May 2023 is the Richmond Tennis Association. Perkins Law salutes the RTA for its mission to provide a variety of tennis programs and events throughout the year for tennis players of all ages and […]

1. What is the PTE Tax Law? Virginia’s PTE tax law, enacted in 2022, allows a qualifying pass-through entity (“PTE”) to make an annual election for tax years 2021 through 2025 to pay income tax at a rate of 5.75% at the entity level. 2. What is a Qualifying PTE? A PTE that qualifies to […]

HOW TO OBSERVE NATIONAL VOLUNTEER MONTH: -Thank a volunteer. -Volunteer! Many volunteers will tell you it is a rewarding experience. -Do you have a special talent or skill that may benefit a charity or organization? Offer your services or ask how you can be of help. -Share volunteer opportunities with friends https://nationaldaycalendar.com/national-volunteer-month…/

Perkins Law turns 14 years old this April! Serving the RVA small business and nonprofit communities has been such a rewarding experience and would not have been possible without the vast (and always growing) network of inspiring and loyal clients, colleagues, and friends that have trusted us with their transaction and compliance needs. The Perkins […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for April 2023 is Partnership for the Future. Perkins Law salutes PFF for its mission to provide crucial resources for promising students with limited means who have their sights set on a college education – […]

In a relatively recent development in the nonprofit world, you can now download copies of original IRS Determination Letters (issued January 1, 2014 and later) using the IRS on-line search tool Tax Exempt Organization Search (TEOS).  Over the past few years, I have had several nonprofit clients report that they had not received their IRS Determination […]

Perkins Law is proud to be a Corporate Patron of the Virginia Museum of History & Culture. If you have not enjoyed this world-class history museum experience, do yourself a favor and check out one of the nation’s top history museums conveniently located on Arthur Ashe Boulevard. For more details, visit www.VirginiaHistory.org.

When buying a small business, a third party that often is very influential in determining whether an acquisition will close in a timely fashion (if at all) is the commercial landlord that owns the office building or shopping center in which the target business is located.  Assigning an existing lease or negotiating a new lease […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for March 2023 is Side by Side. Perkins Law salutes Side by Side for its mission to create supportive communities where Virginia’s LGBTQ+ youth can define themselves, belong, and flourish.

In a recent decision from the National Labor Relations Board (“NLRB”), the government has essentially put employers on notice that they can no longer “silence” terminated employees with broad confidentiality and non-disparagement clauses that historically have been standard provisions in severance or separation agreements. According to the decision in Case Number 07-CA-263041, these provisions violate […]

Great crowd on hand at Randolph Macon College for today’s Encorepreneur event with featured speaker Kate Tweedy. Kate shared memorable insights on the legacy of legendary Triple Crown winner Secretariat.  

Perkins Law, PLLC is excited to once again team up with Bon Secours Memorial College of Nursing to sponsor a nursing scholarship for the 2023-2024 academic year. It will provide tuition assistance for a deserving nursing student at the College.   The Perkins Law team is grateful for the opportunity to play a small supporting role for […]

All good things must come to an end. Or, perhaps it is better to frame the issue as the law must change with the times to reflect realities in the market and better serve the investing public. Whatever your view of the benefits and burdens of government regulation, SEC Regulation D has been a savior […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for February 2023 is SevaTruck. Perkins Law salutes SevaTruck for its mission to meet people where they are to help minimize their obstacles in getting nutritious meals.  

Former Richmond Times Dispatch business editor Greg Gilligan was today’s featured speaker at Encorepreneur, sharing stories from his 30+ year career covering the Richmond business community. Greg also shared updates on his current work with RVA757 Connects and its initiatives helping the I-64 Corridor between RVA and Virginia Beach become the next global Internet hub. […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for January 2023 is Worthdays. Perkins Law salutes Worthdays for its mission to mobilize the community to ensure that those impacted by the foster care system know they are important, worthy and celebrated.  

We posted about a lot of different topics and trends for the RVA small business and nonprofit communities this year.  Here are a few highlights: 1.  New Federal Reporting Requirement To Affect Millions of Small Businesses 2.   Can a Nonprofit Organization Require Board Members to Donate? 3. Have You Identified A Flywheel for Your Business? 4. Showing […]

As 2022 comes to a close, here’s another glimpse of the 12 local nonprofits we “spotlighted” this year.  Inspiring work being done throughout RVA!  

Richmond small business attorney Eric Perkins has again been selected by Virginia Business magazine as a “Legal Elite” in the Business Law category for 2022. Started in 2000 in cooperation with the Virginia Bar Association, the Legal Elite recognizes lawyers selected by their peers as outstanding attorneys in 20 different practice areas.

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for December 2022 is Gayton Care Ministries. Perkins Law salutes Gayton Care Ministries for its mission to help their neighbors in need in western Henrico and nearby Goochland through a food pantry.

No one proactively seeks to be a whistleblower when they show up to work in the morning.  While people of high integrity and ethics will focus on doing the right thing when faced with an ethical dilemma, they do so at great risk.  The life of a whistleblower is incredibly stressful and unglamorous.  The good […]

When it comes to bullying, it is helpful to understand how the term is defined—not every mean, rude, or offensive act constitutes bullying (as a legal matter)—and that bullying comes in different forms.  Misuse of the term diminishes the plight of victims and desensitizes the public to the magnitude and severity of the problem. Common […]

One of the highlights at Perkins Law every fall is the announcement of scholarship recipients at the Bon Secours Memorial College of Nursing.  For the fifth year in a row, Perkins Law has sponsored a scholarship to help a deserving nursing student on his or her path to a professional career in nursing.  With the […]

QUESTION: A newly formed nonprofit organization filed IRS Form 1023-EZ to seek recognition of its exempt status under Section 501(c)(3).  The IRS approved the filing and issued a determination letter recognizing the organization’s tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Very soon thereafter, the organization recruited a few new board members, and […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for November 2022 is Comfort Zone Camp. Perkins Law salutes Comfort Zone Camp for its mission to transform the lives of children who have experienced the death of a parent, sibling, primary caregiver, or significant […]

The Final Rule recently issued under the Corporate Transparency Act (“CTA”) represents a significant update to federal anti-money laundering laws and is estimated to affect millions of business entities by imposing new disclosure requirements on business owners. Here is a quick summary of the reporting requirements and a few tips to help you comply with […]

According to a recent BizBuySell Insight Report, small business acquisition activity has slowed after posting five consecutive quarters of year-over-year growth. The number of closed deals reported in the third quarter of 2022 dropped 2% year-over-year and was 4.5% lower than the number reported for the second quarter. Just as importantly (if not more), small […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for October 2022 is Heart Havens. Perkins Law salutes Heart Havens for its mission to for its mission to provide residential support to adults with a developmental disability.

The simple answer is yes it can (and many do), but perhaps the bigger question is whether an organization really wants (or needs) to impose such a mandate?  It is legally permissible for a nonprofit organization to require its directors to make an annual cash contribution to the organization as a condition to joining the […]

If you are thinking about starting your own business then consider signing up for SCORE’s upcoming LIVE 3-evening online workshop “How to Start Your Own Business” featuring local experts, including RVA’s small business attorney Eric Perkins on October 20th. This workshop will include presentations by local professionals and subject matter experts in business law, bookkeeping, insurance, finance, marketing and […]

Selling your business is an exciting and rewarding conclusion to an entrepreneurial adventure that has perhaps consumed much of your adult life.  A significant part of your sense of identity and self-worth might be closely associated the business that you are now about to transfer to someone else.  As you consider how you will respond […]

The US Small Business Administration reports that small businesses make up 99.5% of all Virginia businesses and employ 1.6 million people, or more than 46.6% of the state’s workforce. Business relationships have their ups and downs, and the average relationship among business partners has a life span of less than five years. As a small business evolves, […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for September 2022 is Jacob’s Chance. Perkins Law salutes FRIENDS Association for Children for its mission to enrich the lives of families by supporting youth and young adults with special abilities, through inclusive programs that promote skill […]

The UVA Law Nonprofit Clinic offers free legal compliance check ups for area nonprofit organizations.  The vast array of compliance requirements, governance issues, and other risks that nonprofit leaders have to navigate can be overwhelming for even experienced nonprofit volunteers and staff.  For smaller, volunteer-based nonprofit organizations, obtaining much-needed legal assistance at an affordable price […]

The featured speaker at this month’s Encorepreneur meeting was Michael Mason, a former Marine, high-ranking FBI official, Verizon executive and, most recently, a Chesterfield County school bus driver.  In a highly engaging presentation, Mr. Mason shared his life story and offered valuable insights on topics ranging from leadership to the importance of recognizing the value […]

Happy national nonprofit day! Perkins Law offers flat rate packages for starting a nonprofit, maintaining governance and compliance, business structures for social entrepreneurship, and more. Contact us today!  

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for August 2022 is SOAR365. Perkins Law salutes SOAR365 for its mission to create life-fulfilling opportunities for individuals with disabilities.  

It is a common strategy in the small business community to operate legally through a limited liability company (“LLC”) and filing an election (IRS Form 2553) to have the LLC classified for tax purposes as an S corporation.  The LLC is often an optimal choice of entity for a small business because of the limited […]

As a nonprofit leader or small business owner, you are interacting with people on a regular basis in a variety of different settings.  Knowing how to “read people” is a special skill learned through years of experience and interaction with others.  “You Can Read Anyone” by David J. Lieberman is an interesting book offering specific […]

If you are thinking about starting your own business then consider signing up for the upcoming 3-night virtual SCORE workshop series “How to Start Your Own Business” featuring RVA’s small business attorney, Eric Perkins on July 28th. Speakers will cover such topics as: Choosing the legal structure that’s right for you Building a successful marketing […]

A 501(c)(6) exempt organization is a nonprofit association of persons with a common business interest dedicated to the promotion of that common interest. Trade associations, business leagues, and chambers of commerce are three common types of tax-exempt organizations under Section 501(c)(6) of the Internal Revenue Code. Here are the seven distinguishing characteristics of a 501(c)(6) […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for July 2022 is FRIENDS Association for Children. Perkins Law salutes FRIENDS Association for Children for its mission to help children and families in the metropolitan Richmond area achieve their potential and become productive citizens.  

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for June 2022 is Little Hands VA. Perkins Law salutes Little Hands VA for its mission to provide essentials and a little extra love to babies and families in need in the Greater Richmond region.  

The flywheel effect is based on a concept from Jim Collins’ classic “Good to Great.” Put simply, the gist is that your customers are your best salespeople. Therefore, if you can create or improve a product or service in such a way that your customers not only are impressed enough to purchase, but are excited […]

A crisis—whether personal, local, or national in scope—offers an important opportunity for a small business owner to demonstrate his or her leadership to employees.  The keys here are thoughtfulness, timeliness, and communication.  Consider these tips when responding to a crisis situation:  Timing is important.  Generally speaking, the sooner you reach out, the better.  Ultimately, however, […]

For those exempt organizations operating on a calendar-year basis, don’t forget that your Form 990 for 2021 (whichever version you are required to file) is due by May 15th. Not to be a downer, but also keep in mind that if you neglect to file for three consecutive years, then the IRS will automatically revoke […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for May 2022 is OAR of Richmond. Perkins Law salutes OAR of Richmond for its mission to provide evidence-based and person-centered approaches to empower those impacted by incarceration to find individual success.

If you have not heard about Perkins Law, PLLC in Glen Allen, VA, enjoy this quick introduction: https://youtu.be/J9_GeCrGBxM

I enjoyed a fun and informative Monday afternoon at CCV attending a reception hosted by the Bon Secours Memorial College of Nursing and the Bon Secours Richmond Health Care Foundation celebrating their nursing scholarship program that in recent years has raised and distributed over $4 million in scholarships to support nursing students. The Bon Secours […]

Perkins Law is excited to announce its sponsorship of the upcoming McDonald’s Mid-Atlantic Clay Court Championships taking place July 10-15, 2022 at Salisbury Country Club in Midlothian, VA. The event will feature a variety of college players, local pros, and coaches from all over the country. Click here for more information. Small business and nonprofit […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for April 2022 is Groundwork RVA. Perkins Law salutes Groundwork RVA for its mission to cultivate the next generation of urban conservationists in Richmond, Virginia.   Check them out at www.groundworkrva.org

Perkins Law is pleased to be a court sponsor for the upcoming Thalhimer Challenge, the largest tennis event of its kind in Virginia.  This year’s event will take place September 23-25, 2022 at both The Westwood Club and Salisbury Country Club and will feature over 500 local players of all levels representing a dozen local […]

In the nonprofit community, the words “public charity” and “foundation” often are used interchangeably. However, there is an important legal distinction between the two types of tax-exempt organizations.   For starters, it is helpful to understand that every 501(c)(3) tax-exempt organization is classified by the IRS as either a “public charity” or a “private foundation.” This […]

If you are thinking about starting your own business then consider signing up for SCORE’s upcoming IN PERSON workshop “How to Start Your Own Business” featuring local experts, including RVA’s small business attorney Eric Perkins on April 29th. This workshop, at BizWorks in Chesterfield County, will include presentations by local professionals and subject matter experts […]

Perkins Law, PLLC is excited to once again team up with Bon Secours Memorial College of Nursing to sponsor a nursing scholarship for the 2022-2023 academic year. It will provide tuition assistance for a deserving nursing student at the College.   The Perkins Law team is grateful for the opportunity to play a small supporting role […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for March 2022 is Richmond Friends of the Homeless. Perkins Law salutes Richmond Friends of the Homeless for for providing a nutritious lunch seven days a week in Richmond’s most impoverished neighborhoods.  

Startup companies eager to accelerate their growth sometimes face tough options—and succumb to questionable decision-making–when it comes to raising capital, and iAnthus, one of early leaders in the booming legal cannabis industry, is the latest example of how quickly and dramatically things can go wrong when a company enters into a risky financing deal.  Decision-making […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for February 2022 is ART180. Perkins Law salutes ART180 for providing a space, free of judgment, that encourages creative self-expression while developing local young creators and promoting them through exhibitions, performances, public art, publications, and […]

If you are thinking about starting your own business then consider signing up for the upcoming virtual SCORE workshop “How to Start Your Own Business” featuring RVA’s small business attorney, Eric Perkins on March 10th. Speakers will cover such topics as: Choosing the legal structure that’s right for you Building a successful marketing and sales […]

Question:  If an individual serves on an Endowment Committee for a nonprofit organization that has started to invest significant sums in a for-profit privately held company in which the volunteer is a co-owner and executive employee, should the volunteer step down from the Endowment Committee?  Answer:  Conflicts of interest are not prohibited per se.  A […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for December 2021 is Live Red Foundation. Perkins Law salutes Live Red Foundation for offering free fitness programs, which teach 8 core life skills, to youth in low-opportunity communities. Click here to learn more.

Richmond small business attorney Eric Perkins has again been selected by Virginia Business magazine as a “Legal Elite” in the Business Law category for 2021. Started in 2000 in cooperation with the Virginia Bar Association, the Legal Elite recognizes lawyers selected by their peers as outstanding attorneys in 20 different practice areas.

The limited liability company (“LLC”) has emerged as the entity of choice throughout the small business community over the past 25 years. However, for many professional service providers, Virginia offers another, yet confusingly similar, option: the professional limited liability company (“PLLC”). Because (i) the two types of entities are similar in many substantive respects, yet […]

RVA nonprofit attorney Eric Perkins will discuss key questions to answer before getting started, how to form a Virginia Nonstock Corporation with SCC and how to apply for recognition of tax exempt status. Attendees will also hear valuable insights and close with plenty of time to answer questions. Virtual workshop will be held on Thursday, […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for November 2021 is ACTS. Perkins Law salutes ACTS for its mission to provide funds, support, and other resources to neighbors in financial crisis, enabling them to live sustainable, self-sufficient and dignified lives. Click here […]

I was saddened to recently to hear the news that the Innsbrook Foundation was dissolving, an unfortunate fate for an organization that had served the Innsbrook community so effectively for over 30 years, but an inevitable part of the life cycle of any nonprofit organization or business entity. The COVID-19 pandemic has been a catalyst […]

The inaugural Pitch Virginia event, organized by Activation Capital, is scheduled for Wednesday, November 10 at the newly opened Shift Retail Lab at VCU, an initiative of the VCU da Vinci Center. The festivities will feature pitches from high growth, main street, and student-owned companies competing for $15,000 in prize money, concluding with the grand opening […]

RVA Small Business and Nonprofit law firm Perkins Law, PLLC is excited to sponsor this weekend’s River City Open, the largest NCAA Division I men’s tennis event in the area. Organized by the River City Tennis Foundation, a local charity promoting tennis throughout the city, the tournament will feature players from some of the nation’s best […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for October 2021 is Celebrate! RVA. Perkins Law salutes Celebrate! RVA for its mission to give children the chance to celebrate and enjoy their birthday in a safe and fun environment. they host birthday parties […]

If you are thinking about starting your own business then consider signing up for the upcoming 3-night virtual SCORE workshop “How to Start Your Own Business” featuring RVA’s small business attorney, Eric Perkins on October 7th. Speakers will cover such topics as: Choosing the legal structure that’s right for you Building a successful marketing and […]

Richmond SCORE is conducting an upcoming webinar on Tuesday, October 26, 2021 from 6:30 to 8:30 pm for entrepreneurs and small business owners on an accelerated strategy for developing an abbreviated one-page business plan for your business.  Click here for more details and to register.

On March 2, 2021, Virginia became the second state to enact a comprehensive state privacy law when Governor Northam signed the Virginia Consumer Data Protection Act (the “CDPA”) into law. The CDPA creates consumer rights, similar to California’s Consumer Data Protection Act, but also imposes security and assessment requirements for businesses. While it will not […]

As amended by the General Assembly in 2020, the Virginia Minimum Wage Act (“VMWA”) creates a schedule of incremental increases to the minimum wage throughout the Commonwealth of Virginia. The first increase, effective May 1, 2021, raised the Virginia minimum wage to $9.50/hour. Under the VMWA, the minimum wage will increase each year until it reaches $15.00/hour […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for September 2021 is Podium. Perkins Law salutes Podium RVA for its mission to Empower youth ages 10 – 19 in greater Richmond to become confident, capable writers with the skills necessary to succeed in […]

Ever considered franchising as a path to business ownership? If so, then careful planning and research are a must. Secure a seat for the Perkins Law Prospective Franchisee Workshop on September 9th led by small business and franchise attorney, Eric Perkins. Attendees will also hear valuable insights and close with plenty of time to answer […]

RVA small business and franchise attorney Eric Perkins has been selected by peers in the legal community to be included in the 28th edition of The Best Lawyers in America for his work in franchise law for the 12th year in a row. With over 20 years of experience representing franchise systems and franchise owners, […]

On January 1, 2021, the Corporate Transparency Act (the “CTA”) was enacted as a part of the National Defense Authorization Act. As a result, certain U.S. business entities will soon be required to file a report with the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) to disclose identifying information of their beneficial owners. An […]

Congratulations to Hayli Wagner, recently announced as recipient of the Perkins Law Nursing Scholarship at the Bon Secours Memorial College of Nursing for the 2021-2022 school year!  Following her mother’s footsteps into the health care field, Hayli’s goal upon graduation is to be a pediatric nurse.  At a time of unprecedented risk, stress, and uncertainty […]

Perkins Law is pleased to be a court sponsor for the upcoming Thalhimer Challenge, the largest tennis event of its kind in Virginia.  This year’s event will take place September 24-26, 2021 at both The Westwood Club and Salisbury Country Club and will feature over 500 local players of all levels representing a dozen local […]

Bullying does not discriminate against age, race, gender, or location. It can happen anywhere, to anyone—and Virginia schools are no exception. Despite state laws and school policies designed to prevent bullying, incidents continue to occur with disturbing regularity.  Here are four real stories of bullying in Virginia that received media attention: Warren, Virginia. In October […]

RVA nonprofit attorney Eric Perkins will discuss key questions to answer before getting started , how to form a Virginia Nonstock Corporation with SCC and how to apply for recognition of tax exempt status. Attendees will also hear valuable insights and close with plenty of time to answer questions. Click here to reserve your FREE spot today!

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area. The featured nonprofit for August 2021 is ReEstablish Richmond. Perkins Law salutes ReEstablish Richmond for connecting refugees and new immigrants to the resources needed to establish roots, build community, and become self-sufficient. To learn more about this organization and […]

Virginia Community Capital recently hosted a recorded webinar, Supporting Small Businesses & Promoting Job Creation with SBA 504 Loans, featuring Zachary Petry and Chris Topping of 504 Capital. The presentation focused on what the SBA 504 loan program is and how it can be used. The SBA 504 loan program was created in 1958 to […]

When it comes to bullying, it is helpful to understand how the term is defined—not every mean, rude, or offensive act constitutes bullying (as a legal matter)—and that bullying comes in different forms.  Misuse of the term diminishes the plight of victims and desensitizes the public to the magnitude and severity of the problem. Common […]

As another school year is about to begin, students and parents are busy gathering supplies, shopping for clothes, and filling out school forms. Unfortunately, there is another sad reality for many when it comes to preparing for a new school year: a discussion about bullying. While bullying can be a sensitive subject to discuss with […]

Many first-time entrepreneurs and small business owners sheepishly admit that they are bad at marketing. But marketing is involved in every facet of being a business owner—not only do you have to sell your product or service, but you also have to sell yourself to your clients. Today, the Community of Legal Innovators invited Itzik […]

If your child is experiencing bullying at school or online, let Perkins Law help your family navigate the process of finding a resolution as your advisor and advocate through a flat fee package of services.  

School is intended to be a safe place focused on learning and development. However, thousands of students across the nation fall victim to bullying each and every day. Bullying is an epidemic that is linked with negative impacts on learning, health, behavior, and educational outcomes.  Accordingly, in an effort to protect students, Virginia has formally […]

While the world is slowly opening again, certain aspects of the COVID-19 pandemic era seem to be here to stay (at least for the foreseeable future). In our “new normal,” hybrid and virtual modes of work are transforming the workforce. And as we continue to learn about and use virtual platforms, it is even more […]

Great presentation by local entrepreneur David Napier of New Era Healthcare at today’s 1 Million Cups Zoom meeting. New Era Healthcare is a new business that plans to address gaps in traditional healthcare by providing healthcare on-site. Through flexible, mobile healthcare, New Era Healthcare will bring the doctor’s office directly to patients and ensure that […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for July 2021 is Nolef Turns. Visit www.nolefturns.org to learn more.

The Perkins Law team ventured out to the Virginia Cliffe Inn for Encorepreneur’s first in-person event of the year, “Travel in a Post-Pandemic World”. Encorepreneur hosted three travel agents, Herb Farrar, Stacy Luks, and Betty Sedia, to highlight to changes that COVID-19 brought to their industry – hint: there have been many. Not surprisingly, the […]

Selling a franchised business presents some unique issues not typically found in the sale of an independent small business. Rather than closing a deal between two parties, selling a franchised business involves three parties: (i) the selling franchisee, (ii) the buying franchisee, and (iii) the franchisor. The sale of a franchised business often triggers certain […]

RVA nonprofit attorney Eric Perkins will discuss key questions to answer before getting started , how to form a Virginia Nonstock Corporation with SCC and how to apply for recognition of tax exempt status. Attendees will also hear valuable insights and close with plenty of time to answer questions. Click here to reserve your FREE […]

The legal profession places great value on tradition. For example, the Virginia bar exam still includes age-old Latin terms. While some of these traditions foster a sense of deep community and respect, others tend to impede the profession’s evolution. In an age of artificial intelligence and accessible online documents, lawyers need to lean into change. […]

What is a security? Many find it surprising to discover that there is no specific statutory definition of a “security” under federal or state securities law. The Securities and Exchange Commission (SEC)’s definition of a “security” includes a laundry list of approximately thirty items ranging from stocks and bonds to notes and investment contracts. In the […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for June 2021 is NAMI. Visit www.namicva.org to learn more.

There are so many wonderful nonprofit organizations throughout the Richmond area, and the Virginia Museum of History of Culture is certainly at or near the top of the list. Perkins Law is proud to be an associate member of the VMHC, and as we renew our membership for another year, we encourage you to check […]

For those exempt organizations operating on a calendar-year basis, don’t forget that your Form 990 for 2020 (whichever version you are required to file) is due by May 17th. Not to be a downer, but also keep in mind that if you neglect to file for three consecutive years, then the IRS will automatically revoke your […]

RVA small business attorney Eric Perkins will discuss business entity formations and compliance tips to help business owners reduce risk and enhance the value of their companies on June 3rd at 7pm. Attendees will also hear valuable insights and close with plenty of time to answer questions. Click here to reserve your FREE spot!

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for May 2021 is UMFS. Visit www.umfs.org to learn more.

As his 25th year law school reunion approaches, the editorial staff with the UVA Lawyer caught up with Eric Perkins as part of a feature article catching up with 5-year, 10-year, 15-year, and 25-year alumni. Check it out here!

Under current law, businesses may deduct 50% of the cost of business-related meals. The Consolidated Appropriations Act, 2021, (“CAA”) included a provision regarding the deductibility of business meal expenses to assist taxpayers impacted by COVID-19. The legislation adds an exception to the 50% limit for food or beverage expenses provided by a restaurant. Under the […]

Ever considered franchising as a path to business ownership? If so, then careful planning and research are a must. Secure a seat for the Perkins Law Prospective Franchisee Workshop on May 6th led by small business and franchise attorney, Eric Perkins. Attendees will also hear valuable insights and close with plenty of time to answer […]

As part of its effort to promote sportsmanship and greater awareness and understanding of tennis rules and regulations, the United States Tennis Association answers questions from the public each month through a new feature called “AD-Inbox” that appears in the USTA’s monthly e-newsletter “The Grip” and online at usta.com. Click here to read the latest […]

Each month Perkins Law spotlights a local nonprofit doing inspiring work in the central Virginia area, and the featured nonprofit for April 2021 is Mercy Mall. Visit www.mercymallva.org to learn more.  

Perkins Law turns 12 years old this April! Serving the RVA small business and nonprofit communities has been such a rewarding experience and would not have been possible without the vast (and always growing) network of inspiring and loyal clients, colleagues, and friends that have trusted us with their transaction and compliance needs. The Perkins […]

RVA nonprofit attorney Eric Perkins will discuss key questions to answer before getting started , how to form a Virginia Nonstock Corporation with SCC and how to apply for recognition of tax exempt status. Attendees will also hear valuable insights and close with plenty of time to answer questions. Click here to reserve your FREE […]

Small business owners should never underestimate the value of loyal, talented, and hard-working employees, nor should they ever underestimate the tangible and intangible costs of employee turnover. I previously wrote about the steps small business owners should take when hiring their first employee. Once a new employment relationship has been created, focus must quickly shift […]

www.reinharthouse.org  

Earlier this year, the Virginia House of Delegates and Senate passed the Virginia Consumer Data Protection Act (“CDPA”). While the CDPA is currently awaiting the Governor’s signature, Virginia will likely be the second state (behind California) to formally adopt a consumer-friendly data privacy law. The CDPA includes several noteworthy provisions, including: Applicability. As it stands, […]

If you want your small business to be classified for income tax purposes as an S corporation for the 2021 tax year, you have until March 15, 2021, to make an election using IRS Form 2553. By electing S corp. status for your stock corporation or limited liability company (yes, you can be both an […]

If you are thinking about starting your own business in 2021, then consider signing up for an upcoming virtual SCORE workshop “How to Start Your Own Business” featuring RVA’s small business attorney, Eric Perkins. Speakers will cover such topics as: • Choosing the legal structure that’s right for you • Building a successful marketing and […]

Volatility throughout the small business community arising from the COVID-19 pandemic has led to an increase in debt collection efforts by creditors.  One frequently used collection remedy is referred to as garnishment. What is a Garnishment? Garnishment is a legal process by which a creditor who is owed money from a debtor may require a third […]

For all the self-published authors throughout Virginia (and across the country), remember that royalties received as a result of creative work such as writing, music and art, is considered self-employment income and should be reported on Schedule C of your personal income tax return (i.e., book royalties are taxable income and should be reported, although […]

Ever considered franchising as a path to business ownership? If so, then careful planning and research are a must. Secure a seat for the Perkins Law Prospective Franchisee Workshop on February 18th led by small business and franchise attorney, Eric Perkins. Attendees will also hear valuable insights and close with plenty of time to answer […]

www.thedoorways.org    

Here are a few commonly observed mistakes made by nonprofit organizations when it comes to governance and compliance. If you serve on a nonprofit board, ask yourself whether your organization could use some help addressing any of these important issues. 1.    Minimal Understanding of Fiduciary Duty Concepts. A person who volunteers to serve as a director or […]

If you are thinking about franchising as a path to business ownership in 2021, then consider signing up for an upcoming virtual SCORE workshop “Become Your Own Boss Through Franchise Ownership” with featured speaker Rich Salon on Wednesday, February 3, 2021 from 6:30 – 8:30 pm. For more details and to register, click here.  

  Click here to view package details.

The IRS made life a bit easier last year for new nonprofit organizations by requiring that all Form 1023 filings be made electronically through the online platform Pay.gov. The online Form 1203 application is substantially similar to the old paper version with the following changes: The online form is 40 pages including the schedules and […]

The limited liability company (“LLC”) has emerged as the entity of choice throughout the small business community over the past 25 years. However, for many professional service providers, Virginia offers another, yet confusingly similar, option: the professional limited liability company (“PLLC”). Because (i) the two types of entities are similar in many substantive respects, yet […]

RVA small business and nonprofit attorney Eric Perkins has been appointed to chair the United States Tennis Association’s Sportsmanship Task Force for the 2021-2022 term.  The purpose of the Task Force is to: (i) collaborate with tennis industry partners to drive a culture of sportsmanship throughout the tennis community, (ii) establish a policy defining sportsmanship […]

At the end of 2020, the Consolidated Appropriations Act, 2021 was passed to provide additional COVID-19 financial relief to the small business and nonprofit community, including a second round of Paycheck Protection Program (PPP) funding (PPP Second Draw Loans). By way of background, on March 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act […]

www.thewayrva.com  

1. International Franchise Association. Arguably the premier membership organization of franchisors, franchisees, and suppliers to the franchise industry, this organization and its web site offer a wealth of information about all aspects of franchising. 2. Blue MauMau. The self-proclaimed #1 Franchise News Journal on the Web, this site provides a wealth of franchise industry news, […]

Henrico small business attorney Eric Perkins has been selected to the Virginia Super Lawyers List for 2021 in the Business/Corporate Law category. Only 5% of Virginia lawyers receive this distinction each year. The Top 50: 2021 Richmond Super Lawyers Top List will be available on May 6, 2021.

Richmond small business attorney Eric Perkins has again been selected by Virginia Business magazine as a “Legal Elite” in the Business Law category for 2020. Started in 2000 in cooperation with the Virginia Bar Association, the Legal Elite recognizes lawyers selected by their peers as outstanding attorneys in 18 different practice areas.

  www.goochlandpetlovers.com

“GivingTuesday was created in 2012 as a simple idea: a day that encourages people to do good. Over the past seven years, it has grown into a global movement that inspires hundreds of millions of people to give, collaborate, and celebrate generosity. Whether it’s making someone smile, helping a neighbor or stranger out, showing up […]

Are you a franchise owner who has decided it is time to sell your franchised business? Before posting that “for sale” sign, there are a lot of preliminary issues to address before you can expect to attract a qualified buyer and successfully navigate to a closing date. Selling a franchise is a little different than […]

Click here to register.  

As a nonprofit organization evolves and its leadership team changes over time, moving the organization’s legal home from one state to another may be a relevant topic of consideration. In some cases, leadership may decide for one or more reasons to re-domesticate to another state. For example, compliance requirements in the organization’s original home state […]

To say we will remember 2020 as an unusual time is quite an understatement. As the COVID-19 pandemic continues to disrupt our professional and personal lives as we know it, Virginia nonprofits are figuring out how to operate in this “new normal” of social distancing and stay-at-home orders. Accordingly, nonprofit leaders are faced with answering […]

The Rebuild VA Grant Fund is a program to help small businesses and nonprofits whose normal operations were disrupted by COVID-19, including restaurants, brick and mortar retail, exercise and fitness facilities, personal care and personal grooming services, entertainment and public amusement establishments, and campgrounds. Businesses with less than $10 million in gross revenue or fewer […]

Putting all of your eggs in one basket is rarely a good idea. This is especially true when deciding where to invest your money. Over the past fifty years, an increasing number of investors have ventured into what are referred to as “angel investments.” Generally speaking, angel investors fund the early stages of a privately […]

Today’s competitive marketplace requires businesses to build and maintain a positive reputation and image. But, with the advent of social media, companies are forced under a magnifying glass of worldwide proportions. A company’s brand and reputation can suffer significant and immediate damage when a scandal erupts involving a high-level executive, a franchisee, or a professional […]

Perkins Law Salutes: Lori Jennings, owner of Jennings PROSearch, recipient of the prestigious RVA Tech Chairman’s Award presented by the Richmond Technology Council at the organization’s recent 25th anniversary gala. The award is presented annually to an individual or organization that has made a significant impact in technology growth in the region and/or advocate of […]

The U.S. Small Business Administration (SBA) released last week a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action streamlines the PPP forgiveness process to provide helpful relief to the small business community. The PPP provided more than five million loans worth $525 billion to small businesses with […]

The process of closing a Virginia small business can range from very simple and straightforward to extremely complex, expensive, and time consuming, depending upon the surrounding facts and circumstances of the business. Just reaching the decision to dissolve a small business can be a painstaking process. Tough questions to ask yourself include: How long have […]

The new 0.7% regional retail sales and use tax went into effect last week on October 1, 2020. This new tax applies throughout Central Virginia (including the city of Richmond, Charles City, Chesterfield, Goochland, Hanover (including the town of Ashland), Henrico, New Kent and Powhatan counties). The new tax brings the total sales tax to […]

The Problem You are trying to successfully navigate the many challenges of small business ownership and one day you discover, much to your dismay, that incorrect information was inadvertently reported on Form SS-4 to the IRS (or perhaps the IRS made a mistake inputting the data at its end).  How does this realization usually come […]

For companies launching a new franchise system, Perkins Law can provide cost-effective legal assistance: Preparing necessary documents for the offering and sale of franchises Drafting Franchise Disclosure Documents (FDDs), franchise agreements, and area developer agreements Managing regulatory compliance relating to the sale of franchises Navigating disclosure issues, marketing issues, and compliance with state registration laws […]

Small business owners negotiate on a daily—if not hourly—basis concerning a wide variety of matters.  Most of these negotiations take place quickly and informally, but some business transactions and relationships are important enough to memorialize in writing through a written contract, so here are a few tips for small business owners to consider when it […]

“The objective of F.A.D is to create awareness to increase customers knowledge of the importance of using social media networks and location-based services to connect with, and continue to support local franchises. Customers will receive discounts and giveaways to enjoy a day in support of their favorite franchises. Franchisers will show appreciation to the customers […]

RVA small business and franchise attorney Eric Perkins has been selected by peers in the legal community to be included in the 27th edition of The Best Lawyers in America for his work in franchise law for the 11th year in a row. With over 20 years of experience representing franchise systems and franchise owners, […]

A new .7% regional retail sales and use tax will be imposed in Central Virginia (including the city of Richmond, Charles City, Chesterfield, Goochland, Hanover (including the town of Ashland), Henrico, New Kent, and Powhatan counties. This new tax will bring the combined total sales tax to 6% (consisting of the 4.3% sales tax, the […]

Last month, Virginia became the first state to approve binding regulations related to COVID-19 workplace safety. The regulations impose extensive requirements on Virginia businesses that have at least one employee (a term which itself is broadly defined), and these regulations are now in effect. Last month, Virginia became the first state to approve binding regulations […]

Given the potentially disastrous consequences of misclassifying workers—especially considering recent developments under Virginia law that shift certain presumptions against business owners and create private rights of action relating to worker classification issues—every independent contractor relationship should be carefully analyzed, structured, and documented. I. Preliminary Due Diligence Before entering into the working relationship, the hiring company […]

The Rebuild VA Grant Fund is a program to help small businesses and nonprofits whose normal operations have been disrupted by COVID-19, including restaurants, retail, exercise and fitness facilities, personal care and personal grooming services, entertainment and public amusement establishments, and campgrounds. Businesses and non-profits that are approved for a Rebuild VA grant may receive […]

In honor of #NationalSocialMediaDay (June 30, 2020): It is safe to say we now live in the era of social media networking. If your nonprofit organization has not yet jumped on the bandwagon and started to take advantage of the many opportunities presented by social media networking, then it is time to wake up and […]

With lowering restrictions and more people venturing outside of their homes across Virginia, small business owners in the process of reopening are wondering how they can protect themselves from COVID-19-related liability risk. In many cases, owners are requiring customers to sign a “virus waiver” as a risk management strategy. However, liability waivers for COVID-19 exposure, […]

This summer marks the 10-year anniversary of RVA finishing in the top 3 in the USTA’s national contest to determine “America’s Best Tennis Town”. To mark the occasion, the Richmond Tennis Association commissioned a 2020 update to its 2012 book chronicling over 100 years of Richmond tennis history, and here for the very first time […]

Earlier this month, President Trump signed the Paycheck Protection Flexibility Act. Then on June 17, the Small Business Administration (“SBA”) released a revised loan forgiveness application for the Paycheck Protection Program (“PPP”) and, in addition to the revised application, the SBA also released a new EZ application also applicable for forgiveness of PPP loans. Revised […]

A recommended book for anyone wanting a pragmatic crash course on franchising — Street Smart Franchising by Joe Mathews, Don DeBolt, and Deb Percival. This book offers excellent advice on all aspects of building a successful franchised business. The authors do a fantastic job identifying and addressing key concerns shared by many first-time franchise owners. […]

Thanks to the Covid-19 pandemic and its resulting quarantine, Douglas Conant and Mette Norgaard’s book, TouchPoints, has taken on even more significance than it originally had when first published in 2011. During these unpredictable times, the manner in which people communicate has changed. Video conferencing has become the “new norm”, and many people are having […]

QUESTION: My boss just handed me an employment agreement and wants me to sign it ASAP, why spend the time and money to have a lawyer review it? ANSWER: Generally speaking, courts in Virginia will hold people to the contracts they voluntarily sign.  Therefore, it is important that you understand the terms and conditions of […]

Perkins Law is excited to announce its sponsorship of the upcoming American Clay Court Nationals taking place June 21-25, 2020 at The Greenbrier in White Sulphur Springs, WV. The week-long tournament marks the unofficial reopening of the American junior tennis circuit and is expected to attract the nation’s top juniors in the 18-under and 16-under […]

The ongoing response of the federal government to the COVID-19 crisis to protect the small business community continues to evolve. Last week the Paycheck Protection Program Flexibility Act of 2020 was signed into law. The Act significantly amends the Paycheck Protection Program (“PPP”) by giving small business owners that received PPP loans more freedom in how and […]

When was the last time you spent some quality time reviewing the legal and compliance condition of your business? You might be surprised by what you discover. Even if you discover a compliance issue or problem that had been overlooked, much better to identify and address it now in the regular course of business rather […]

As part of its ongoing efforts to educate and assist small business owners and entrepreneurs across America, SCORE has recently released a helpful checklist of tips and resources for small business owners as they implement their reopening strategies and adapt their business models to the new reality. Click here to download your copy.

Once a startup business is formed and starts generating a profit, owners are faced with the decision of how to begin withdrawing money from the business. Owners that decide to start drawing a salary are faced with an often-controversial issue of determining how much to pay themselves. According to Payscale’s data collected from 2019, American […]

A new program, ForwardRVA, has been organized by Chamber RVA and local business, government, and community leaders to provide resources to support local businesses in reopening and operating safely. Specifically, ForwardRVA is offering free Personal Protection Equipment (PPE) starter toolkits for any RVA small business with 25 or fewer employees that has remained open or […]

If you are one of the millions of fortunate small business owners who obtained a PPP loan in this massive $600+ billion program, it is now time to start getting your ducks in a row to apply for loan forgiveness with the recent SBA release of its template PPP Loan Forgiveness Application, a copy of […]

The legal distinction between an employee and an independent contractor has confused and frustrated business owners, attorneys, and accountants for many years. The purpose of this article is to provide some guidance for business owners and explain why it is important to correctly classify workers. If you are a business owner, it is to your […]

As a follow up to a recent post about concern and confusion among many small business owners about whether they should consider returning their PPP loans this month, those concerns should largely disappear thanks to a newly published PPP FAQ on Department of Treasury website on May 13, 2020, which provides as follows: Question: How […]

If you are thinking about starting a new business with one or more business partners, you have a variety of choices in terms of selecting a legal structure for the business. A partnership is the simplest and perhaps the oldest type of business structure. In fact, it is so easy to create (e.g., there is […]

What are some advantages of using a written employment agreement with a key employee?  

Small business owners across America have scrambled over the past month to obtain over $5 billion in PPP loans with the promise that such loans will be forgiven if proceeds are used to retain employees and cover certain types of business expenses defined by the CARES Act and subsequently released interpretive guidance.  While the SBA […]

The Paycheck Protection Program (PPP) is a massive loan program designed to incentivize small businesses to retain staff during the COVID-19 pandemic. Aside from the immediate infusion of capital to help address short-term cash flow concerns, a primary feature of the program is that the Small Business Administration (SBA) will either partially or fully forgive […]

Thumbs up to ChamberRVA for its RVA Small Business Relief Fund, a new program intended to provide unrestricted grants to qualifying businesses in the Richmond Region impacted by COVID-19. The Fund is made possible through a partnership between ChamberRVA and Facebook, which contributed $250,000 to seed this first round of funding. The Fund is intended […]

Most entrepreneurs and real estate developers/investors now acknowledge that the limited liability company (“LLC”) has become the entity of choice for many business and investment purposes. Offering the dual advantages of limited liability protection (like a corporation) and pass-through tax treatment (like a partnership), LLCs seem to combine the best attributes of both corporations and […]

Virginia is one of the fourteen states that require franchisors to successfully complete a formal registration and review process before they are permitted to legally offer franchises for sale. While the process is reasonably straightforward with detailed guidance available on the applicable requirements, forms, etc., there are a variety of mistakes made that cause delay […]

Effective January 1, 2020, the Clerk’s Office of the State Corporation Commission became the central filing office in Virginia for all certificates of assumed or fictitious name, effectively streamlining the previous two-step process into a one-step process. The initial step of filing a Certificate of Assumed Name with the circuit court clerk of the city […]

Contests and sweepstakes are popular marketing tools in today’s economy as businesses compete for market share and publicity. Unfortunately, many business owners fail to realize that a variety of federal and state laws regulate these activities, and violating these laws could lead to significant liability for the unsuspecting sponsor. For example, the contest must be […]

QUESTION: What is “ADR” and should ADR language be included in my business contracts? ASNWER: The term “ADR” refers to alternative dispute resolution—methods of resolving disputes outside of court. In my experience, resorting to litigation is generally a horribly inefficient way of resolving problems. Litigation is expensive, time-consuming, and stressful. Business owners should never underestimate […]

Question: My family is giving me money to fund my business startup, do I need to put anything in writing? Answer: Startup financing from “friends and family” is very common, but usually handled very poorly.  The more these transactions are handled and documented in a business-like fashion, the more likely both the business and personal […]

1. What is it? Business interruption insurance is insurance to cover losses when your business is unable to operate for specified reasons beyond your control. In the context of commercial real estate, it is not unusual for landlords to obligate tenants to carry this insurance (landlords often carry their own business interruption coverage too). As […]

Question: If a Virginia nonprofit organization suspends its operations for a few months in response to the COVID-19 pandemic, is it required to notify the IRS? Answer: No. The IRS has no special reporting requirements for organizations that go dormant (i.e., suspend their operations). There is a question on the annual IRS Form 990 about […]

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) recently passed by the U.S. Senate and House and signed by the President creates a specific loan program through the Small Business Administration (“SBA”) to help small businesses retain employees and pay critical expenses during this unprecedented crisis. Under the “Paycheck Protection Program”, the SBA’s […]

Question: I have an existing 7(a) SBA business loan. Am I eligible for any relief? Answer: Yes. Starting no later than 30 days after the date on which the first (next) payment is due, the SBA will pay all principal, interest, and fees on existing SBA loans for 6 months pursuant to 7(a), Community Advantage, […]

An unpleasant surprise that sometimes pops up in the days leading up to closing in small business acquisitions involving SBA financing is the SBA Standby Agreement (also known as SBA Form 155). As a condition of loan approval, some SBA lenders require that the seller execute an SBA Standby Agreement with respect to any seller […]

The short answer is “YES”, a nonprofit organization is allowed to provide financial aid and other assistance (e.g., meals, PPE) to groups and organizations that are NOT 501(c)(3) exempt organizations so long as the assistance is provided and used for charitable purposes. For example, if your nonprofit desires to provide meals to emergency room and […]

Thumbs up to the Retail Merchants Association for announcing a special program to benefit the RVA small business community. Branded as “Retail Relief 2020”, RMA is offering free membership to all local retail businesses for the next six months as part of this new initiative. A valuable resource at a crucial time. Click here to […]

Millions of small business owners are currently applying for loans in one of the new SBA emergency loan programs related to the COVID-19 crisis (e.g., EIDL and PPP loans). Apparently, one of the due diligence documents lenders are asking loan applicants to provide with their applications is a document referred to an “EIN Letter” or […]

Every business has a name, and sometimes, for various reasons ranging from a rebranding campaign to a change in ownership, the name changes. If the business operates through a legal entity, such as a Virginia LLC, then an it changes its name by filing an amendment to the Articles of Organization with the State Corporation […]

The Department of Homeland Security (DHS) granted a temporary lifeline to employers struggling with I-9 compliance logistics while operating remotely. Believe it or not, while millions of small businesses are having to cut staff, there are employers in essential fields who are still hiring new workers. The question being asked by many owners is, with […]

I’ve been an RTD subscriber since moving to Richmond in 1996, and while I did convert to a digital subscription last year, I continue to enjoy the RTD and appreciate its value to the RVA community.  It appears they are currently running an attractive promotion featuring an introductory rate of $1/month for new digital subscribers.  […]

The President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on March 27, 2020. Title I of the CARES Act, the Keeping American Workers Paid and Employed Act, expands both the Small Business Administration’s (SBA) Section 7(a) loan program and its Section 7(b) economic injury disaster loan program (EIDL) to provide small […]

The Virginia Small Business Development Center (SBDC) Network has 27 local centers across the state. You can get free help from SBDC professional business advisors by clicking here. Please contact them directly to schedule a phone call or virtual meeting to get started as soon as possible. You can also find information and additional webinars […]

As perhaps an unintended consequence of the emergency legislation passed by Congress last week, many small business owners might conclude that they need to rush formal termination notices to their employees before April 1, 2020. The Families First Coronavirus Response Act (“FFCRA”) creates an emergency sick leave benefit and also modifies the Family Medical Leave […]

As we all brace for the full impact of COVID-19 to hit the United States and the economy, here are a few resources for small business owners to consider exploring: Small Business Administration Economic Injury Disaster Loan Program. The SBA has announced it will work directly with state Governors to provide targeted, low-interest loans to […]

The Coronavirus Disease 2019 (COVID-19) has now affected all of us in numerous ways, from the interruptions to our daily routines, to fears of contagion; from our concern for the medical professionals on the front lines, to escalating our sanitation practices and social distancing. The CDC is responding to this pandemic of respiratory disease spreading […]

The Virginia SBDC network is hosting a webinar TODAY (Monday, March 23) from 2:00-2:45 pm for their partners to review the application process for SBA Economic Injury Disaster Loans (EIDL) available for Virginia small businesses and nonprofits. Click here to attend the Webinar  Meeting ID: 606 202 441 Phone – 646 558 8656 Virginia SBDC […]

Well the first quarter has certainly taken an unexpected turn for the entire planet, hasn’t it? A dangerous, stressful, and disruptive time for everyone. Public health and safety rightfully takes top priority; therefore, my first suggestion for small business owners in responding to this public health crisis is very simple: abide by the directives and […]

Regulation D is a series of transactional, safe harbor exemptions from the registration requirements under the Securities Act of 1933.  Generally speaking, when a business owner wants to raise capital from passive investors, the offer and sale of a security will often be involved.  Both federal and state law regulate the offer and sale of […]

As recently reported in local media, the State Corporation Commission rolled out a new online filing system (known as the Clerk’s Information System or “CIS”) to replace the former efile system in December 2019.  Suffice to say, it has not been a smooth transition for many small business owners and professionals throughout Virginia.  Small business […]

A significant portion of the world is in the midst of a COVID-19 health crisis. While public safety and health are rightfully the top priorities, there are many questions swirling around the impact this public health crisis will have on the business and nonprofit communities. One major concern relates to contractual obligations and business transactions—will […]

If you haven’t checked out the RVABizLaw blog recently, here are a few of the updates you’ve missed: Are franchise agreements automatically and unconditionally renewable? What is Phantom Equity?  How can small biz owners minimize liability risk when disciplining employees?  How nonprofits sometimes accidentally convert volunteers into employees.  Visit RVABizLaw for regular updates, tips, and […]