Business Organization Archives - Kincaid Business & Entrepreneurial Law, LLC

Duty of Good Faith and Fair Dealing (Kansas)

September 5, 2023 - Posted by: Matthew T. Kincaid - In category: Business Disputes, Business Organization, Contract Drafting, Contract Law, Implied Covenants, Kansas Contracts - No responses

“He’s not negotiating in good faith”, one often hears. This may be heard in connection with an absurdly low offer made to purchase an asset, such as a commercial office building, single family residence, or an automobile, or when parties are attempting to settle a claim. The law in Kansas regarding good faith and fair […]

Are Operating Agreements Required For Kansas LLCs?

July 7, 2022 - Posted by: Matthew T. Kincaid - In category: Business Disputes, Business Organization, Kansas LLCs - No responses

Yes, operating agreements are required for Kansas limited liability companies. Read on to explore this topic in greater detail. As we wrote more than a year ago, forming an LLC is not easy. Those who have a contrary opinion can be found in places near and far, including in Facebook groups dedicated to various different […]

Forming an LLC Is Not Easy: Business Names & Trademark Law

May 12, 2021 - Posted by: Matthew T. Kincaid - In category: Branding, Business Organization, Trademark Applications - 2 comments

Over the years, this author has heard time and time again about how “easy” it is to form an LLC. “You can do it online yourself,” many say. “It just takes a few minutes and a few clicks and then you’re in business.” Sometimes free advice is worth far more than what one pays for […]

Why Owning an LLC in Your Own Name May Be a Big Mistake

September 10, 2018 - Posted by: Matthew T. Kincaid - In category: Business Organization, Kansas LLCs - 3 comments

Business interests are probate assets. You read that correctly—the lengthy, expensive, contentious, publicly available probate process may involve your limited liability company’s membership interest or corporation’s shares in the event of a major accident or death. Even some of the most sophisticated business owners do not realize this, resulting in a potentially dangerous planning gap. […]