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FOREIGN OWNED BUSINESSES IN THE U.S. – EIN APPLICATION

If you’re a foreign person owning, operating, or otherwise doing business in the United States, you may be wondering if you’re eligible to obtain a Federal Employment Identification Number (FEIN) and how to do it. The good news is that foreign persons who have a business or other tax-related activities in the United States are […]

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Multi-State Business Registration: Registering as Foreign Entity

Overview Once a business determines it is “doing business” in another state and would be required to register with that states regulatory authority, the next step is to actually register. If you need help determining if your business needs to register to transact business in another state, Apex’s blog on conducting business in another state

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Multi-State Business Registration: What is Doing Business?

Domestic v. Foreign A company, whether doing business as a corporation, LLC, partnership, or other statutory business entity, is a “domestic” company in the state in which it was founded, and is considered a “foreign” company in all other states. “Domestic” and “Foreign” are common terms throughout the United States. For example, an LLC formed

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New Washington Nonprofit Corporations Act and Charitable Assets

Overview With the advent of the new year, the Washington Nonprofit Corporations Act (RCW 24.03A) is now in full force and effect. While much discussion has already been devoted to specific governance changes to member and non-member organizations, we have yet to address how charitable assets will be managed under the new act. In this

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Washington Secretary of State, Physical Addresses, and Private Mailbox Address (PMB)

Overview Have you or your entity recently faced a rejection from the Washington Secretary of State (“SOS”) regarding the use of a private mailbox address (“PMB”) for a principal office street address? You are not alone! The SOS has recently become stricter on the use of PMBs for an entity’s principal office street address. While

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Differences in OMWBE Certifications [Updated]

Overview Apex has blogged about the underutilized Washington Office of Minority and Women’s Business Enterprises (“OMWBE”) certification. The Secretary of State created the OMWBE Office in 2000. The OMWBE assists minority/women owned businesses to apply for enterprise certifications for the purpose of obtaining contracts with local governments. The OWMBE Office grants federal and state certifications

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Seller’s Earn-Out when Selling Their Business

In today’s market, buyers and sellers need to be creative when it comes to financing the purchase and sale of a business. Earn-outs offer a financing option that provides for flexibility, incentives for the new owners to do well, and incentives for the seller to see the transition go smoothly. Earn-outs can be structured in

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Can I trademark a catchphrase?

Overview Phrases are powerful branding tools. Some unforgettable branding campaigns include Nike’s “Just do it”; Wendy’s “Where’s the beef?”; or American Express’s “Don’t leave home without it.” For-profit and non-profit corporations derive commercial value from such phrases by making customers think of them when they hear the phrase. For example, if you see the phrase,

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Intellectual Property: Back to the Basics

Overview In today’s business and nonprofit world, intellectual property is one of the most valuable assets for a business. It allows a business/organization to have ownership over an idea, work, name, or symbol. This blog post will summarize the four most common types of intellectual property that you may want to consider protecting. These types

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