Proper dissolution of your business can help avoid serious legal, tax and financial implications.

Unfortunately, entrepreneurial reality doesn’t always live up to expectations. For many small and medium-sized businesses, the time may come when ceasing operations and dissolving the business is in the best financial interest of all involved. If this is a scenario your Jacksonville company is facing, understand that properly dissolving a business is every bit as important as properly founding one.

Jacksonville Business Maintenance Attorneys can help walk you through the various steps necessary for a clean and clear disillusionment. These include:

• Getting written approval from all owners or partners in your company;
• Contacting the Florida Secretary of State’s office, plus offices for each state in which your company is authorized to conduct business, to obtain all required forms. Often these forms are downloadable from official state websites;
• Formally notifying Florida’s Franchise Tax Board and the Internal Revenue Service about your plans to dissolve your business;
• Paying all taxes due to Florida and the federal governments and employment tax agencies in order to secure your tax clearance or consent to disillusion documents. Be sure to check the “Final Return” box on state and local tax returns and promptly close tax accounts;
• Close all bank, credit and service accounts that exist under your business’ name and cancel all licenses, seller’s permits and fictitious name permits with both state and local governments. This helps avoid both confusion and potential fraudulent third-party use;
• Notify customers, suppliers, vendors and creditors of your business’ dissolution and pay any outstanding bills. Give creditors instructions and deadlines (typically 120 days from the date of the notice) for submitting claims and a notice that claims received after the deadline will be disregarded.

Given the potential of tax and legal repercussions, including Class E felony charges for certain tax issues, it’s highly recommended that keep copies of all business records for several years and that you involve a skilled Jacksonville business maintenance attorney when dissolving your business. Mathis and Murphy‘s business attorneys are well versed in business formation, maintenance and dissolution. Call 904-396-5500 to schedule a consultation.

There are several legal distinctions between murder and wrongful death, Jacksonville attorneys explain.

In watching high profile legal cases unfold on television, the Internet and the pages of news and gossip magazines, it’s easy to get confused with all the legalese. One primary misunderstanding is the difference between murder and wrongful death. Jacksonville attorneys Mathis & Murphy, P.A. practice wrongful death law and explain the legal distinctions between the two.

The primary difference as it applies to the legal system is that murder is determined in criminal court while wrongful death cases are tried in civil courts. If you recall the O.J. Simpson case, in which the famed former NFL player and actor was accused of killing his wife Nicole Brown Simpson and her friend Ronald Goldman, Simpson was tried first in criminal court, then again in civil court.

Simpson’s first degree murder case in California’s state court ended with a “not guilty” verdict. That doesn’t mean that the jury believed Simpson did not in fact commit the murders. It simply means that the state, in the jury’s opinion, failed to prove the charges “beyond a reasonable doubt.”

Following Simpson’s not-guilty verdict in state court, he faced another legal challenge in civil court, where the standard for the burden of proof is not “beyond a reasonable doubt,” but “by a preponderance of the evidence.” This means that the jury believes it’s more likely than not that the accused is in fact guilty of the crime. A verdict can be rendered with a 51% jury vote in civil cases.

Another difference is that criminal courts are brought on behalf of the citizens of a particular state or federal district by the public prosecutors. Civil cases are brought by victims or their families.

If you have lost a loved one and are considering filing a claim for wrongful death, Jacksonville’s Mathis and Murphy, P.A. can help you build a solid case. Call 904-396-5500 to schedule a consultation.

Before you sign that business contract, have it examined by an attorney experienced in contract drafting and review, Jacksonville's Mathis & Murphy, P.A. recommends.

Business contracts go sour every day. And without a clearly stated arbitration clause, things can get even uglier. Yet, this item is one of the most overlooked, say attorneys specializing in contract drafting and review. Jacksonville’s Mathis and Murphy, P.A. offers tips for making sure your agreement includes all the necessary features.

An arbitration clause specifies that parties involved will settle business or contract disputes outside of the courts via arbitration, which involves an objective third-party “arbitrator” or “arbiter.” Typically, the arbiter will hear each side of the dispute and make an informed decision, by which the contract parties agree to abide. It’s a way to help keep costs down for the involved parties and unburden the court system. And many executives prefer arbitration because arbitral proceedings and awards are kept confidential, whereas legal proceedings in the courts generally are considered matters of public record unless sealed by a judge.

Care must be taken in writing arbitration clauses so that they’re neither too broad nor too narrow. Often, even strongly written clauses are contradicted in contracts by references to a court having jurisdiction over any disputes. And narrowly-written clauses might be interpreted to exclude certain types of disputes from arbitration, opening the door for expensive and drawn-out court cases. Other necessary elements include:

• The location of the arbitration, particularly if parties reside in different cities or states;
• The governing laws that might impact dispute outcomes;
• The type of notice necessary to invoke arbitration;
• And clear direction as to who will cover arbitration costs.

If you’re crafting a business contract – no matter whether you’re a high-dollar executive in a large company or a small business entrepreneur – it’s highly recommended you get professional legal assistance in contract drafting and review. Jacksonville’s Mathis and Murphy, P.A. has helped hundreds of clients craft clear, concise and enforceable business contracts of all types including employment agreements, sale of goods agreements, business purchase orders, confidentiality agreements and real property or facility leases. Call 904-396-5500 to schedule a consultation with one of our experienced business and contract attorneys today.

Jill Bechtold, Esq. of Mathis & Murphy, P.A. serves on the board of directors for Girls, Inc. of Jacksonville.

Besides being a respected Jacksonville medical malpractice defense and business litigation attorney, Jill Bechtold is devoted mother and a passionate advocate. When not spending time with husband Bob Bechtold, son Robert and daughter Lily, she’s working to encourage young girls to lead healthy, successful lives via Girls, Inc. of Jacksonville.

Bechtold serves on the board of directors for the national organization that encourages young women to be “smart, strong and bold,” she says. Girls, Inc. runs after-school programs, outreach centers and summer camps that provide programming focused on keeping young girls on track for successful lives. Programs are designed to help participants improve literacy skills, adopt healthy habits to prevent obesity, avoid pregnancy and develop financial independence.

“By educating and supporting our young girls, we can prevent many of the issues that plague our communities,” Bechtold says, giving a nod to other locals working in youth-centered organizations. “Jacksonville is full of amazing advocates that want to make young people in our community successful.”

Bechtold is a “Double Gator,” having earned both a Bachelors degree in International Business at the University of Florida and her Juris Doctorate at UF’s Levin College of Law in 2002 and 2005, respectively.  Though she specializes in medical malpractice defense and business litigation, she also practices business law, insurance law, civil trial law and personal injury litigation. She is a member of the Jacksonville Bar Association and its Young Lawyers Section; the Florida Bar Association and its Business Law Section; and the Jacksonville Area Defense Counsel.

If you’re in need of an experienced and proven medical malpractice defense or business litigation attorney, Jacksonville’s Bechtold can be reached via Mathis & Murphy, P.A. at 904-396-5500. And if you’d like to learn more about Girls, Inc. of Jacksonville call 904-731-9933. The organization is always looking for volunteers to serve on the board of directors and help out with programs, fundraisers and cleanup days, Bechtold says.