Articles

Texas Margin Tax

Texas Margin Tax

Texas enacted the Texas Franchise (Margin) Tax through House Bill Three, which was enacted into law in May 2006.  The first taxable period for this new tax law began on January 1, 2007 and the first returns were due in May of 2008.  Consequently, the application of […]

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Monopolization Under the Sherman Act

Monopolization Under the Sherman Act

Section 2 of the Sherman Act, 15 U.S.C.S. § 2, prohibits monopolies and attempts or conspiracies to monopolize. The Act provides for prison terms and fines in actions brought by the U.S. Department Justice and for injunctions and damages in civil actions brought by the federal government, […]

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The Rule 504 Exemption From Registration Requirements For Small Securities Offerings

The Rule 504 Exemption From Registration Requirements For Small Securities Offerings

Prior to offering and selling its stock to the public, a company normally must prepare and file with the Securities and Exchange Commission a detailed registration statement containing a prospectus with audited financial statements for distribution to potential purchasers and other information for review by Commission staff. […]

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Arbitration of Securities Disputes

Arbitration of Securities Disputes

Although persons may not be required to arbitrate rather than litigate their claims, they may by contract agree to arbitrate any claims that arise under the contract. In the securities industry, registered representatives and their firms that are members of self-regulated organizations such as the New York […]

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Articles of Incorporation and Bylaws

Articles of Incorporation and Bylaws

Bylaws are written provisions describing how day-to-day operations of a corporation will be conducted. A corporation’s activities are governed, in order of precedence, by statute, corporate charter, and bylaws. A corporation’s first set of bylaws is adopted by the corporation’s first board of directors (or, in New […]

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Choice of Law Provisions

Choice of Law Provisions

When disputes arise between parties, the determination of what law applies is typically one of the first and most important steps that must take place during litigation.  Parties will often include a contract provision specifying which law will apply; the question in these cases is whether the […]

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