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New to using a Mobile Notary? Check out our FAQs. If you have any other questions call (310) 529-0835.
(310) 529-0835
Monday - Saturday: By Appointment Only
SERVING ALL OF THE SOUTH BAY IN LOS ANGELES COUNTY
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We all heard the term Living Will, but what does this mean and how can it affect our life? Simply put, the Living Will is a document that includes a set of advanced directives designed to tell other people what they should do with your health in case you are unable to communicate your preferences.
Through a Living Will, you are appointing a person to make decisions when you fail to do that. In case you need estate planning help, you will need to focus on creating a Living Will. This can help you provide the guidance that your family needs, especially if one of the members is unable to express his wishes and demands in this particular situation.
A thing to note in here is that this type of document is imperative for understanding what treatments are ok for a person and which are not. Most of the time, the lack of a Living Will can bring in various disputes between family members that have different opinions about your health. These conflicts can easily be solved if you create a Living Will, as this will showcase your wishes in the long term.
Creating a living will is rather easy. However the requirements will vary from one state to the other. This is why you should hire a lawyer as he or she will be able to help you in this regard. A thing to note here is that the requirements tend to vary most of the time, which is why you want to hire a professional to deal with this type of problem. While you can create such a will without an attorney, the one you create on your own might not be valid from a legal standpoint. This is why it’s important to talk with a professional who has experience with living wills in this situation.
As we mentioned above, the Living Will includes a multitude of advance directives that will make it easy for a person to state his/her wishes in as many details as possible. You are not restricted that much by the Living Will, the idea here is that you have to showcase your requirements and ideas, which is something that is relatively simple to do. However, for the will to be valid, it needs to meet the state requirements when it comes to witnesses and notarization.
Personal communication is always preferred whenever possible but the Living Will can be used when necessary if a person is unable to talk and communicate his or her wishes. It is important to note that these documents are accompanied by a durable power of attorney (DPOA) which is a person (agent) appointed by the creator of the living will (principle). The agent is usually someone who is well trusted by the principle as they have the authority and responsibility to carry out health care related, financial and legal responsibilities on behalf of the principle.
As you can see, the Living Will is a document that everyone should have especially as they get older and are more likely to have an event that could affect their ability to communicate their end-of-life wishes.
When a defendant agrees to pay out a personal injury tort claim to a claimant, the claimant can agree to accept the payout over a period of time (months or years) on an agreed upon schedule. This arrangement is known as a structured settlement. Either the defendant or the plaintiff can request the structured settlement in lieu of a lump sum payment. If both parties agree to it then the details of the plan are put into a legal document which is signed by all parties and notarized. A mobile notary is often used to at the signing of the documents.
Structured settlements are often used in cases involving personal injury, pharmaceutical injury and product liability. A person who has been severely injured is very likely to receive payment via a structured settlement as it benefits both parties. Another common situation that is often resolved with a structured settlement is a workers compensation case where lost wages and compensation for injury are best handled through this vehicle. In the case of a wrongful death, the surviving family is often paid through a structured settlement.
Structured settlements allow the parties to minimize costs including legal and court fees as well as time invested by the claimant and defendant by avoiding a lengthy trial. Structured settlements are used in many common law countries such as Canada, England, Australia and the United States.
Getting a structured settlement in place can be a complicated process but, if done by an experienced attorney or agent they will simplify it by handling all the legal aspects of the structured settlement. They may include provisions that will impact the income tax of either or both parties so it is important that they be setup properly. The funds are used to purchase an annuity from one of a few qualified insurance companies and the payments are then made by the insurance company over the life of the structured settlement.
In most cases the annuity will be managed by the insurance company. This process is kept separate from the defendant who has been determined to be at-fault. This ensures that the funds are not affected by market fluctuations so they can be paid out regardless of the ups and downs of the market and not at the whims of the defendant. It is notable that every year almost six billion dollars are paid out through structures settlements.
Often times a structured settlement is used to compensate someone for loss of wages due to injury. Because the payments are managed by a third party, namely the insurance company, the claimant who is to receive payments does not have continuing contact with the person or business that was responsible for their loss. The individual is protected by the structured settlement from the funds being counted as income thereby allowing them to collect social security, Medicare, Medicade and Disability without being impacted by the payout. The recipient will not pay income tax on the payments.
The recipient of a structured settlement has the right to sell his or her interest to another party. This is sometimes done when the recipient decides they need a lump sum to be paid out. They can sell all of the remaining payments or a part of them while retaining a portion for the duration of the payout period. Since peoples financial situations often change this gives them the ability to access the funds at a later date if an emergency arises. In order to protect the seller judicial approval is required to sell the structured settlement. The judge will try to determine that the seller understands fully what the financial impact of receiving a lump sum payout will be.
Structured settlements are carefully regulated by both the federal and state governments to protect people from unscrupulous businesses that take advantage of unknowing persons. In 1982 the Periodic Payment Act was passed to help ease the process of implementing structured settlements. It also provided that no federal, state or local taxes could be assessed on the payments.
Most likely the greatest purchase most of us is ever going to make will be the acquisition of a home. After you discover an excellent home and set up a home loan for it, you have to then wait for the closing date. Always remember that there are a couple of expenses that can come up around the time of real estate closings.
Be mindful that several expenses will come up just before you receive the keys for your new house. Among them are the real estate lawyer’s fee, mortgage costs, home inspection and deposit on the property. Your real estate broker should be able to summarize and calculate the charges you will have to pay. These expenses can add up to thousands or even tens of thousands of dollars; therefore, make sure to allow for them.
You will find requirements even for no money down home loans. A mortgage for one hundred percent of the price of your house will nevertheless have costs related to it. You are going to be still responsible for the fees talked about earlier as well as the home loan insurance.
Don’t forget the property taxes that will probably be due on closing day. The ownership date of your new house will determine your share of that year’s property tax you’ll need to pay. Various neighborhoods are taxed more heavily than others, and so you may need to determine what the property taxes are just before you begin trying to find homes for sale.
There’s, however, a way of reducing or even getting rid of your closing costs. Your closing expenses might be taken care of by the seller via a seller concession. Your purchase contract may include a seller concession which could either be a portion of the purchase price or a predetermined fee. This particular negotiation method can easily minimize or get rid of your closing expenses.
Extra costs sustained in the real estate deal consist of mortgage loan interest, deposits, title insurance coverage and legal costs. A real estate purchase could get a bit confusing, specifically if it is your first home. Surrounding yourself with an experienced group of a real estate professional, attorney, as well as mortgage professional will make the operation a great deal less difficult. They can assist you to clarify exactly what your financial and also legal requirements are.
Do not stress out and try to take pleasure in the joy around your purchase. Do your due diligence and recognize your responsibilities before you close on the property to avoid unneeded surprises. Prevent unnecessary stress by simply eliminating the unknown and familiarizing yourself with all of the costs encompassing the purchase of a home. Both buyer and the seller must be agreed to the terms mentioned in a real estate contract. The seller transfers the title to the buyer in exchange for the contract purchase price. The seller also provides a deed, title evidence and insurance, property survey, leases if applicable. Trust is the important aspect with your closing attorney. An attorney who has participated in your previous closings will be the best the man in such a scenario.
A promissory note is not something new. Everyone, at least once in their lives has had to deal with a promissory note. A promissory note is a consideration given by a creditor to his debtor. The debtor promises to pay a certain amount at a certain period for a certain debt.
Generally, promissory notes need not be notarized. However, there are a handful of reasons why promissory notes should be notarized.
First, if you want to enforce the note in court, then you need to get it notarized. A notarized promissory note makes the promise binding for both parties and getting it notarized protects both parties from issues that may arise in the future. Hence, if you are a creditor and you want to ensure getting good on that loan, you need to get the promissory note notarized.
Second, if you are a debtor and you want to protect yourself from issues of the creditor, you need to get that promissory note notarized. For example, your debt is due and demandable every 20th of the month; a promissory note that is notarized would prevent the creditor from going after your debt early in the month because it is not yet due.
Third, a notarized promissory note can be presented in court in case the creditor dies and they need to go after all of the debtors of the creditor. If one of the parties dies, the other party can just deny the existence of the debt. However, if you have a notarized document that proves the existence of the document you will be sure that whatever would occur the debt will be paid.
Fourth, a notarized promissory note can be presented in banks to show financial capacity. If you are a creditor, it shows that you have had the financial capacity to loan out money and may just be going through some tough times which explain why you have to go to the bank. If you are a debtor it is proof that you know how to make good on a debt.
Finally, a promissory note that is notarized ensures that your debt will be paid because if you cannot go after the liquidity of the debtor, you have evidence of the existence of the debt and get a tax credit out of it and call it a bad debt. Of course, this is not always ideal but it still protects you and makes sure that you still get your hard earned money back one way or another.
A prenuptial agreement also called a premarital agreement is a legal document that is entered into prior to a couple officially getting married or entering into a civil union. It concerns itself with the disposition of assets in they eventually divorce or when one of the parties dies. A prenuptial agreement can include additions including the division of belongings and the provisions and suggestions for alimony. For a premarital agreement to be valid, it needs to be designed and prepared with diligence, and signed by both spouses with their mutual consent, before the wedding ceremony takes place. The premarital agreement can address various issues including;
The properties you bring to a marriage are referred to as separate property. The properties you brought will continue to be yours as long as it is kept separate from the once you and your spouse obtain together. A prenuptial agreement will identify the property which belongs to each of you.
Prenuptial agreement also allows couples to identify what they might consider as marital properties, even if it’s a separate property.
A prenuptial agreement can decide that the debt brought into the marriage by your spouse should remain with the spouse.
Like other legal agreements, certain guidelines must be followed with premarital agreements too. The agreements must be notarized to ensure they are legal and binding. You should consult an attorney and inform them of all the necessary details and both spouses should sign it after reading and understanding it completely. You can avoid the need to travel if you call a mobile notary to come to your location. Before the commencement of the marriage, certain issues like child support are not considered in a prenuptial settlement. Also, if the court finds, the terms and conditions of a prenuptial agreement unjust, then it has authority to invalidate the agreement and follow the desired course of actions.
A power of attorney (POA) is an authorization within a law system which is given to act on someone else’s behalf in a legal or business issue. The individual authorized to act is called the adviser or attorney-in-fact while the one acted on behalf is the donor.
A power of attorney is a legal document that allows someone to act and make decisions on your behalf. The attorney-in-fact can be given the power to make decisions on a variety of issues. Some include:
Most often a general power of attorney is used to permit a person who you designate (agent) to manage your affairs during a particular period of time during which you are not able to manage them. For example, when you are traveling out of the country or state or when you are physically or mentally incapable of handling them. It allows someone you give the legal authority to take a wide range of actions on your behalf, often includes legal actions, medical decision and financial and business decision.
A limited power of Attorney allows you to specify the areas you want your Attorney-in-fact to act on your behalf. It may also be limited to a particular period. For instance, you may be unable to handle some affairs because of other commitment.
The durable power of Attorney allow an agent to manage all of the affairs of the principal should they become incapacitated and can no longer make personal decisions. This becomes effective immediately after the incapacitation of the principal and does not have a set period.
A health care power of attorney allows your agent to make health care decisions on your behalf when you are unconscious, mentally incompetent, or not able to do so. The document is not valid when you have the ability to give medical directions to your doctors. It only becomes effective when you don’t have that capacity and upon the consent of the presiding doctor, and it allows the attorney-in-fact to make all medical decisions related to the principal.
A springing power of Attorney is an alternative way of creating a durable power of attorney. Most people find it difficult to grant someone else power when they are agile and healthy, the spring power of attorney only takes effect when specified conditions are met. Typical conditions are physical disabilities, mental incompetence, and deployment.
Irrespective of the circumstances, there is a POA form that suits any of your needs. Whether it is taking charge of a business deal that a principal cannot attend or assuming control in their affairs because of incapacitation, the power of attorney form allows people the security and flexibility to know their affairs are being looked after in a responsible way.
Every person who wants to succeed and control their own destiny should consider venturing into a business or a profession and this may mean the creation of a partnerships with trusted people.
Partnerships are businesses owned by at least two people. They are based on two things – trust and confidence. Each partner should be able to trust the other and each partner should have the confidence that every single one of them would do their part.
With the creation of a partnership, they form one business entity to carry on transactions that would bind the partnership and all partners. This one requires one legal step and that is the notarization of the partnership agreement before venturing into anything else.
What are the steps in notarizing partnership agreements?
The first step is by making sure that you have all of the partnership forms that you need. Fill them out correctly and make sure that you have all the details lined up through a draft. Making drafts before the final copy is a good way to prevent unnecessary costs.
Run everything by your partners and make sure that everybody understands everything.
The second step is to contact the people from the state government and ask them about all of the details that you need. Every State has a different set of requirements and every partnership has a different need. Make sure that you have a checklist before going to the notary public to get the documents notarized.
Third, fill out the form as truthfully as you can. You should always make sure that you have every detail lined up perfectly so you would not have any other problem in the future. How many properties does the partnership have? How much would each partner contribute? These are just some of the questions that you would need to know.
Finally, take the partnership agreement, go take it to the notary public, get it notarized, submit the document to your local or state government and you are good to go.
Of course, every State would have a different set of requirements so the process might be a little different from one to the next but these are the steps that every person generally has to take in order to register a partnership in the State registry so they can start the business.
What happens next?
After getting your partnership agreement notarized, you should make sure that you are ready to get the ball rolling on your business venture. Trust in the process and make sure that you ask the notary about any other documents that would require action by a notary so you can legally take care of the partnership that you are creating.
Is your child attending an activity? Did he or she present a parental consent form for you to fill out and get notarized? Are you confused about why you need to sign such form? Well, here is a summary of the things that every parent must know about parental consent forms.
Purpose
Any minor who is travelling alone or attending an activity needs a notarized consent form from the parent.
The purpose of the consent form is three-fold.
First, it is to inform the organizers of the activity that you, as a parent, have actually allowed your child to attend the activity and are in full support of his partaking in the event.
Second, it is to assign a medical appointee who will make any decision necessary for the healthcare of the minor while he or she is away from his or her parent. This ensures that there is proper transfer of authority from one adult to another.
Third, it is to show the immigration officers, if your minor child is travelling abroad, that the child is being transferred from one country to another with the consent of the parent. This is to prevent child trafficking.
Other attachments
Notarized parental consent forms are often accompanied by other attachments most especially when the home situation calls for such forms.
If you are a single parent because you have sole custody of the child, you would need to attach a copy of your separation or divorce papers. This provides information on why you are the only parent signing the form.
If you are a single parent because your partner is deceased, you would need to attach the death certificate of your partner to fairly apprise the notary of the situation.
If you are not a parent but a legal guardian to the child, you would need to attach copies of your guardianship forms to the consent forms.
Final Reminders
When faced with a parental consent form, always check in with your child about the activity so you can properly inform the notary public about the details. Having the consent form notarized means that it will become a public document. This means that you should have the right information about the activity and every detail about it.
Prepare the right documents and make sure that you have your own copy and a receiving copy. Check in with your State about the number of copies that each notary requires. It is always better to have a one-time trip than go back and forth to the office of the notary.
Finally, make sure that you do not sign the document. You will sign in the document in front of the notary after checking if all of the facts are correct.
Notary signing agents are notaries who are specially trained to manage and notarize mortgage loan documents. The duties of a notary signing agent are much more involved than those of a typical notary. A certified signing agent has gone through additional educational courses and seminars to help them pass a new higher set of standards established by various governing bodies, including the Notary Public Commission. However, in order to qualify for the NSA (Notary Signing Agent) certification process you must first be a commissioned notary in your state. There are many details about mortgage loan closing that a notary must learn to become certified.
Most mortgage lenders will hire an independent notary signing agent to complete the loan closing process. They are a critical element to the closing and they will often manage the documents and ensure that they are returned to the correct entities on time for processing.
Although certification is not required by law, many lenders and title companies will ask that the agent be certified and background checked in order to meet compliance with the Consumer Finance Protection Bureau. Since the agent will be handling sensitive mortgage loan documents a background check is usually required.
As with other documents submitted for notarization, the signing agent must verify the identity of each person who will be signing the loan. They are also responsible to be sure that the documents are written in English or they are translated so that the signer(s) are able to understand them. The agent must also be certain that the documents are signed and initialed in all required places and that they are returned to the lender and/or appropriate entity in a timely fashion.
The educational notary public process never stops for a notary signing agent. The agent should attend seminars and or training sessions annually to stay abreast of current knowledge on the ever-changing requirements for loan closings.
Some of the items the mobile notary signing agent may bring to a loan closing include their notary journal, both blue and black pens, paperclips, scotch tape, stapler, legal pad, legal sized envelopes, calculator, a copy of their notary commission, bond and insurance and FedEx or UPS supplies as needed. The agent will usually take care of sending the documents to the required recipients.
A professional, well trained notary signing agent will be a vital part of a smooth loan closing.
Notarizing Loan Documents and Making Them Binding
If you are looking into getting a loan and know that loan documents are necessary when it comes to the debts, then you should know some details about notarizing loan documents and the things that every single person should always keep in mind to ensure that both parties are protected.
If you are getting a mortgage, you need to make sure that the original document of the mortgage should be completed, signed, and notarized. The act of notarization completes the taking of the credit. The mortgage loan documents would cover description of the property based on its registration with the government, the purchase price to be paid by the debtor as well as the interest that the debtor should pay. All of these would be invalid, however, without the notarization. This is usually performed by a certified notary signing agent. A signing agent has been specially trained to handle loan closing and all of the complications that go along with it.
If you are getting a loan package with a deed of trust, you should also make sure that it will be notarized. Why? A deed of trust is a separate legal act; it shows the transfer of rights from one person to another. In the case of a loan, it shows the transfer of rights from the creditor to the debtor. Hence, it will not be binding to any party if it is not notarized.
If you are getting a Subordination Agreement you need to make sure that such document would be notarized. What is a Subordination Agreement? A Subordination Agreement is an agreement between you as a debtor and another entity to cover your first mortgage without removing any rights from you. This is sort of a way for you to pay off your first mortgage on your house without losing a lot of money.
You need to make sure that your Subordination Agreement is taken care of and is notarized. The notarization binds you to the second mortgagor and now all you have to worry is paying them off.
Finally, keep in mind that when it comes to loan documents, notarization is only the first step towards keeping things legal so always have the documents checked and have a copy that you can keep in a safe place. Getting a loan is hard but getting out of a loan is harder if you do not have the right and legal documents checked before getting your feet wet.
Having the right documents in place in the event of your incapacitation is an important step in avoiding confusion about your health care wishes. There are three main types of advance directives: living will, power of attorney, and health care proxy. Living wills specify the types of medical treatment that an individual desires, and can be general or specific. Health care by proxy documents designate a person with the right to make medical decisions on behalf of another person, and durable power of attorney, the most involved type of advanced directive, designates a person with the right to make medical decisions, bank transactions, apply for disability, and make other types of related decisions on behalf of another person.
dying man in hospitalMost folks don’t like the idea of thinking about being in a situation where they are unable to speak for themselves. Unfortunately, this often leads to a lack of planning. Putting your health care wishes in writing is a major step in avoiding having someone else make a decision on your behalf with which you would not otherwise agree.
The first step in documenting your health care wishes is a document often referred to as a living will. This is a statement of what kind of care you want or would refuse if you become incapacitated. Don’t be fooled by the name. A living will have nothing to do with a last will or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.
It is up to you to decide what is included or omitted from your living will. This varies widely from person to person. Some individuals will choose to outline very specific and great instructions. Others will set forth general guidelines about the types of treatment that they are willing and unwilling to undergo. Either way, it is important to discuss these options with an estate planning legal professional.
The second aspect to health care planning is setting up a health care power of attorney. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren’t able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.
Most of the time, these two documents will operate automatically when a decision about your incapacity has been reached. This will usually occur when a doctor determines that you are unable to make decisions or properly communicate your desires regarding your treatment. If there is a question as to your incapacity, someone will make a determination. There may even be a hearing in front of a judge to make this finding.
After the documents go into effect, if you are able, you can still override any decisions made at any time. In other words, if you are temporarily incapacitated, and the documents go into effect, as soon as you are able, you can override any decisions made while they were active. They never work against your expressed will or desires.
The Importance of Notarizing Guardianship and Custody Documents
Every State has a different requirement when it comes to guardianship and custody documents. However, there are general advantages to the notarization of guardianship and custody documents that every State applies.
What are the important reasons why notarizing guardianship and custody documents are necessary? Why do guardians need to get such documents notarized? There are a number of reasons.
First, these documents protect children who cannot protect themselves. With everything happening especially in the United States, setting up children to go to people you can trust is important.
Events such as death, deportation, accidents, and anything unpredictable always happens so it is essential that your children will be taken care of by the people you trust.
A guardianship and custody document is not a binding document unless it is notarized. Having the document notarized makes it official and binding whatever happens.
Second, these documents ensure that the children will only go to the right people and not go through the foster system. Let us be honest, the foster system is not perfect. Children who had to go through the process do not live a full childhood. If you want to protect your children, you should always know where your children are going whatever happens.
The notarization of your guardianship and custody documents will protect your children from the system and make sure that they go to the right homes even after you are gone.
Finally, notarizing guardianship and custody documents make sure that absentee parents will not have a say on a child’s well-being. Studies have shown that when children know who has custody over them and who exercises the rights of a guardian, they know the authority to follow. This is important because everybody knows that the court would not grant sole custody to a single parent if both are functional.
Now that you know the important of notarizing guardianship and custody documents, you should know what documents to prepare when processing these papers. You need to prepare your Last Will and Testament, your child’s birth certificate, the Designation of Temporary Guardian form, custody orders of the court, guardianship papers, and in triplicate.
Your Last Will and Testament should state where your properties would go and how your children will receive each property. The birth certificate of your child signifies and confirms his identity and your connection to him or her and your designation of temporary guardian form ensures that your child will be taken care of while the process is being checked.
Once you have all of these documents, you are ready to get your guardianship and custody documents notarized. Be ready with your checklist so you do not forget any detail.
When marketing a residence, there are a couple of fundamental subjects you need to recognize. This brings us to the concern of the various kinds of actions you will encounter.
The process of selling residential or commercial property is much easier if you comprehend the fundamentals of the sales procedure. Marketing the residential property as well as handling customers and/or the hassles of real estate representatives can be irritating, but the heaps of documentation and all the different kinds entailed are really the biggest problem. Among these numerous forms and also papers are actions. We’ll help make listing and selling a residential property a little less complicated. Just take a minute to read through this information and you’ll have a better understanding of the deed as it pertains to a house.
A warranty act is a pretty fundamental action that, for the most part, notes that the seller owns the property and there are no liens filed against the home such as tax liens or other debt related liens. If there are they could be transferred over to the new owner and that would be a big problem for them unless they were willing to accept this additional debt. It states that the home is lawfully acquired as well and that there are no covert issues the buyer must be aware of. This act guarantees buyers that the building or home they are buying is actually owned in full (without debt) by the person they are acquiring it from and they will not be hit with any type of additional debt or issues later. Moreover, if an additional person were to try to acquire the home, building or other property down the line, the warranty action would legally secure the brand-new purchaser and the buyer would be entitled to settlement from the original seller. The guarantee action is utilized in the majority of property sales.
On the other hand, quit claim deeds can be shown to the customers instead by an individual who does not necessarily legitimately have the residential or commercial property, rather holds the responsibility for that residential or commercial property. Such instances where this can happen are upon a death when the property is moved as inheritance, or when spouses are both on the name of the deed and they are in the process of a marital divorce. Quit claim deeds, unlike warranty deeds, do not give the person or persons buying the property a lot of security or legal protection. Actually, a buyer should always stay clear of quit claim deeds unless they are extremely familiar with them and they know the legal ramifications. Only a person who is experienced in buying and selling properties should consider a quit claim deed.
Understanding the various in between these actions will certainly help in multiple instances. Vendors of residential property will certainly not get caught up erroneously providing the incorrect type of act and buyers will be much better prepared to understand what kind of legal security as well as ownership civil liberties they will have depending on the kind of deed authorized. In the case of these actions, the warranty deed is definitely the way to go.
Commercial Leases Vary by State
Some states recognize verbal commercial leases for one year only, while others only require commercial leases for three years or more to be in writing.
Notarization – Some states require that a commercial lease of three or more years must be signed AND notarized in order to be valid.
Renewal options – Many states determine that a lease of a one-year term, with a three-year renewal option, is actually a four-year lease.
Terminating a month-to-month or year-to-year lease – Most states require 30-days’ notice to terminate a month-to-month tenancy. Year-to-year tenancies generally require a six-month notice, but some states require as little as a 30-day notice.
Some states’ Landlord Tenant Acts apply to both residential and commercial, while most only apply to residential.
Make sure you or your attorneys are referring to the appropriate real estate laws for the state the property is in.
You’ve found that cute little mom-and-pop business, that sexy sidewalk cafe, and decided to branch out to expand your weekend market homemade bakery stall into a viable business option, and wouldn’t you know it? you just found the perfect outlet to make your dreams come true.
Once you’re over the initial excitement of taking the next step and ventured into discussions with your attorney about leasing the premises, you also need to sort out a Buy Sell Agreement – aka Buyout Agreement or Buy Sell Agreement Form – in the unlikely event that life throws you a curve ball when you least expect it. Not only does the agreement help protect you if or when disaster strikes, it also covers your backside should anything happen to you, the business owner.
So what is a Buy Sell Agreement? In its rudimentary form, the buy sell agreement is your insurance policy for unexpected changes on the horizon. For instance, what would happen if your business partner/s, investors (maybe even the silent ones), co-owners or other ‘power’ people in our company, either retire, leave, become unwell – or, God forbid – pass away on you. For that matter, even if any of those normally unspoken things happen to you and you have to deal with the fallout. The last thing you want to have happen in a health scare or someone up and leaves suddenly is find the tax department and financial institutions are banging on your door at all hours, demanding their share of the pie. To say nothing of the heirs of your co-owners making their presence felt.
The most common way to think of a Buy Sell Agreement is in terms of another common form – the prenuptial wedding agreement that many couples sign as a protection going into their loving relationship. In the same way, you can think of the Buy Sell Agreement as the business version of the marriage one. If it happens to be that you’re going into business with your beloved as well, then in a sense, maybe both agreements apply. Think of it as less about ‘what will they take from me if I don’t have it set in stone’, and more about ‘hey, I came to the party with these assets, this type of experience, work history and knowledge, and the Buy Sell Agreement notarizes those things so that we have a strong solid foundation build our successful business.’
The agreement also covers provisions for divorce, disability, death, (the 3 ugly ‘D’s), buyout, retirement, voluntary or involuntary transfer of the business to other entities. It wisely foresees the possibility of bankruptcy of the company. Furthermore, it also spells out who can control what, how much influence they can have in all-important business affairs, as well as whom they can sell the business to (if that ever happens), how much for, and even when. It’s pretty remarkable and potentially far-reaching for such a simple document.
Who should have a Buy Sell Agreement? Almost anyone who has their own business can have an agreement from sole trader LLC to partnerships, corporations and proprietorships. In the same way that a wedding pre-nup is signed before the big day, it’s smart to pen your signature to the Buy Sell Agreement either prior to business purchase, or shortly thereafter. Talk to your attorney about it.
It is used to verify or confirm the home address of an individual. Typical scenarios include verifying your home address for tax or business reasons.
This type of affidavit is use when a spouse or close member of the family dies, and their assets must be distributed to the right people. It is used to assert the legal rights to the assets left behind by the deceased.
This type of affidavit is used to prove a change of name. It is mostly used to prove that an individual has legally changed when a marriage or divorce took place. Typically, it requires you to state your current name, the new name and the jurisdiction where the change took place.
After the death of a person, a close relative may have to sign an affidavit to notify a bank, company, court, or other entity that the individual has passed away; it is used to establish that the person is dead.
This affidavit is often used when a spouse or relative died without leaving a will. Many courts offer a “small estate” proceeding where the value of all property falls below a certain amount; however, the individual in charge of the estate must attest to the fact that the assets are under that minimum threshold. This affidavit requires the signer to swear that they’re the person who must be in charge of settling the estate and distributing any properties and assets left behind.
Regardless of the reason you’re requested to prepare an affidavit, it is essential that the necessary guidelines are followed to ensure the document has full force and impact under the law. An affidavit is not always considered legal until it has been witnessed or notarized by a legal official. An affidavit becomes a sworn document once it is signed by both parties. Lying or providing false information on an affidavit will render it invalid and is punishable by law.
When a couple or individual adopts a child from a foreign country, the process is known as an intercountry adoption. In the US there are a number of documents that are required in order to complete the adoption. The compilation of all of these documents is referred to as the adoption dossier. Although there may be some variation of documents required the process is essentially the same and these documents are normally required to complete the intercounty (international) adoption:
First, a Home Study will be done by a qualified social worker. The social worker will interview the person or persons who are adopting the child to be sure they are qualified to be responsible parents. The document will include information about you, your background, employment and home environment. It must be notarized but the social worker will usually make sure this is done. It is recommended that you get three notarized copies for yourself to be used in the adoption process.
A Birth Certificate for each spouse must be certified by the state capital of the state in which you were born. You should request three copies and these will already be certified and considered notarized so you will not have to do this after the fact.
If the adopting parties are married then three copies of your marriage certificate will be needed. They can be obtained from the Office of Vital Records in the state in which you were married. These will be certified and considered notarized.
You will be required to present a copy of your personal financial statement including all of your assets and liabilities. Three copies of the financial statement should be signed in the presence of a notary who will authenticate your signature on the documents.
If you are currently employed you will need a letter from your employer on their company letterhead confirming your position with the company, the length of time of your employment and your current salary. In the event that you are self-employed you will need your accountant to issue a letter stating your income and length of time in business and the nature of your business.
As part of the home study the social worker will require a letter from your physician stating that you are in good health. This letter will need to be notarized and again you should do this in triplicate.
You will also need a letter or document from your local police stating that you are not a criminal. A criminal background check is usually done to verify your status and in some states fingerprinting is required. Again you should have three notarized copies of this.
If you are legally divorced you will need three copies of the divorce decree from your states Bureau of Vital Statistics.
Finally you will be required to apply to bring the child into the US by requesting an Approval Notice (form I 600-A) from the US Citizenship and Immigration Service (USCIS).
Public documents, such as birth, marriage or death certificates or even notarized documents, are sometimes needed to be used abroad. However, before it is used elsewhere, the origin must be authenticated. The legalization process is typically costly and cumbersome as it includes a chain of processes.
An ‘Apostille’ certificate is attached to an official legal document to verify that the document is genuine and contains the signature of a natural person who is recognized and authorized to act on behalf of the organization that issued the document.
When a legal document is presented in a foreign country, it can be tough to verify the legality of the document. The process for legalizing documents that can be used abroad was abolished in 1961, under the Hague Convention, and was replaced by a single certificate of authenticity, known as an Apostille. Each Apostille is identified by unique reference number, dated and registered.
Most people living in their country of birth, getting married to someone from that same country and working there too, it’s unlikely ever to come up. However, should you decide to emigrate either permanently or for a short time for work reasons, get married in another country or have a child with dual citizenship, it may be necessary to prove who you are? For example, a German registrar wouldn’t know if an Irish birth certificate were the real thing as they do not have access to Irish records. To do this, the Foreign and Commonwealth Office qualifies that they are valid UK documents prepared, stamped, signed or sealed correctly and issues the Apostille. This is a simple piece of paper that is attached to it and stamped as official. It is then signed by an official government officer.
Previous to the convention, there were no set rules, and different countries had different requirements, procedures, timescales and prices for legalizing documents. This caused confusion and difficulty, not to mention delays as some countries processed documents through the courts. As a solution, the convention was put into practice in 1961. Not all countries are signatories, but there are mechanisms set up with the embassies and consulates of the non-attached states to allow for the documents to be used.
You may be asked to provide legalized documents, attested documents, notarized documents, certified documents. Many terms are often misused when referring to document legalization. Ultimately, the Apostille certificate results in the paper being legalized for use in another country that is a member of the Hague Convention. Certification and notarization are often confused, especially by people in other countries where the notary system is different than that in the US. Please, always double check with the people requesting your documents before going down the notarization route as it can get prohibitively expensive, especially when not necessary.
When a country is not a member of the Hague Convention, documents are typically legalized with the Apostille before then being processed by the local embassy. The embassy will then add further certification or stamps to ensure the document is valid in their country.