Startup & Formation

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Common Interest Communities as a path to affordable housing

HOAs, Startup & Formation / By

The dream of homeownership remains a significant aspiration for many as soaring real estate prices have made it increasingly challenging to enter the housing market. However, there is a potential solution that empowers younger individuals to pool their resources and create a common interest community under the Washington Uniform Common Interest Ownership Act. By forming …

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

Business Transactions & Services, Flat Rate Fees, Nonprofit, Startup & Formation / By

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

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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?

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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

Business Transactions & Services, Flat Rate Fees, Intellectual property, Startup & Formation / By

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)

Business Transactions & Services, Flat Rate Fees, Nonprofit, Startup & Formation / By

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]

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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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The Joint Venture Policy and The Parent-Subordinate Consistency Policy

Business Transactions & Services, Startup & Formation / By

Overview We will discuss the final policies in this series in a single blog post. These policies concern specific situations in which a nonprofit organization may find itself depending on the nature of its structure and operations. These policies are the joint venture policy and the parent-subordinate consistency policy. While these policies are important to …

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Seller’s Earn-Out when Selling Their Business

Business Transactions & Services, Flat Rate Fees, Intellectual property, Startup & Formation / By

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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