What is an Operating Agreement? An Operating Agreement is a contract between the members of an LLC which serves as the LLC’s governing document. The Operating Agreement outlines voting and ownership percentages, delegates authority to specific managers or members, and determines how distributions of profits and losses, and transfers of interest may occur, among other…
Business formation Before you start your new brewery, you should consider the different types of business structures under which your brewery could operate. There are several different forms of businesses such as Sole Proprietorships, Partnerships, Limited Liability Companies (LLCs), and Corporations. Before you start your brewery you should determine which structure is best for your…
Recently we had a potential client contact us because the NC ABC threatened to shut down his alcohol establishment. Sounds sad, but we discovered a major compliance issue. The man, let’s say his name was George, was part owner of a nightclub in Downtown Raleigh. He received a letter from the ABC on Friday morning.…
*This information is taken from ‘Restrictive Covenants in Employment Agreements by Jonathan Wall, partner with Higgins Benjamin PLLC in Greensboro, NC. This information was given as a Continuing Legal Education Class (CLE) on February 3, 2016. *This article is specific to North Carolina law. Noncompete Agreements Noncompete agreements or covenant not to compete prevent an…
*Please keep in mind that this is information is specific to North Carolina law. Contact an attorney in your state to find out specific information about this. A couple of weeks ago one of our clients who owns a brewery in NC informed us that the ALE was cracking down on dogs in the brewery’s…
*This information is taken from the North Carolina Rural Entrepreneurship Development System and the NC Department of Commerce Business ServiCenter. The packet is entitled “Fueling Your Business in North Carolina: A Guide to Financing for Small Businesses” and can be viewed here. How do you Plan on Financing your Business? Many people use the…
The information for this blog post can be viewed here. This information pertains to North Carolina. Some Dos & Don’ts of Businesses: Do NOT sell stock, membership interests, bonds, etc. without consulting an attorney. Stock, membership interests, bonds, etc. may be considered securities and regulated at the state and federal level. You do not want…
Trade Secrets The information for this blog post can be viewed here. This information pertains to North Carolina. Don’t disclose or reveal information that you want secret. Include trade secrets in non-disclosure agreements. Trade secrets are usually related to technology, such as formulas, methods, processes, or businesses with merger discussions. Trade secrets have commercial value…
The information for this blog post can be viewed here. This information pertains to North Carolina. Below are some general tips for business contracts: Make sure all parties’ names are correct with the correct titles. Number all of the pages. Contracts should be in writing for: Transfer of land, easements, mortgages, deeds of trust, leases,…
Playing Music on Your Premise Information for the blog post can be viewed here. For more information regarding music licensing and managing your restaurant/taproom, please visit www.restaurant.org. The legality surrounding music licensing and playing music in your brewery/distillery is a hot topic. So hot, in fact, that CBC had a seminar on the topic (“Pulling…
Part 7 *This information is taken from the Small Business Center Network (SBCN), part of the North Carolina Community College System, and full packet, entitled “How to Develop a Business Plan” can be viewed here. *This blog is Part 5 of a series on small business guidance. Stay tuned for more blogs. Check out Part 1, Part…
Part 6 *This information is taken from the Small Business Center Network (SBCN), part of the North Carolina Community College System, and the full packet, entitled “How to Develop a Business Plan” can be viewed here. *This blog is Part 5 of a series on small business guidance. Stay tuned for more blogs. Check out…
Part 3 *This information is taken from the Small Business Center Network (SBCN), part of the North Carolina Community College System, and full packet, entitled “How to Develop a Business Plan” can be viewed here. *This blog is Part 3 of a series on small business guidance. Stay tuned for more blogs. Check out Part…
Part 2 *This information is taken from the Small Business Center Network (SBCN), part of the North Carolina Community College System, and full packet, entitled “How to Develop a Business Plan” can be viewed here. *This blog is Part 2 of a series on small business guidance. Stay tuned for more blogs. Check out Part…
Part 1 *This information is taken from the Small Business Center Network (SBCN), part of the North Carolina Community College System, and full packet, entitled “How to Develop a Business Plan” can be viewed here. *This blog is Part 1 of a series on small business guidance. Stay tuned for more blogs. First, what is…
*Please keep in mind that this is information is specific to North Carolina law. Contact an attorney in your state to find out specific information about this. *This information is provided by the NC Craft Brewers Guild. Read the original article here. Did you know that there are new FDA (Food and Drug Administration) labeling…
*Please keep in mind that this is information is specific to North Carolina law. Contact an attorney in your state to find out specific information about this. *This information is provided by the NC Craft Brewers Guild. Read the original article here. North Carolina now allows breweries and distilleries to be featured on highway road…
*Please keep in mind that this is information is specific to North Carolina law. Contact an attorney in your state to find out specific information about this. *This information is provided by the NC Craft Brewers Guild. Read the original article here. As many of you know, if you have an On-Premise Malt Beverage permit…
How to Start: *the Internet hosts a plethora of valuable resources on starting a winery. Specifically, Cornell University has a detailed mock business plan guide that can be found here. The North Carolina Department of Agriculture & Consumer Science produced a basic outline of the pertinent steps to take if/when you want to open…
We get a lot, I mean A LOT, of questions about the United States Patent and Trademark Office (USPTO) and trademark legal stuff in general. So, if reading blogs about trademarks is not your thing, then you might want to skip our next couple blogs. The USPTO only: Reviews trademark applications and determines if the…