Brandon J. Smith, Attorney at Law

11/27/2025

Protect what matters most. $650 off your Estate & Trust Plan. This week only 🚨

➡️ https://stan.store/BJSLAW

11/30/2023

Being on the annual Business Maintenance Program at BJS Law offers many benefits to you as a business owner that can provide peace of mind and help protect your business from legal risks. ⁠
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Maintaining legal compliance, risk management, contract review, and ongoing legal support are a few of the benefits once you're onboarded with us. ⁠
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Have additional questions? Feel free to book a consultation so we can talk more about your business needs.

11/27/2023

Our Black Friday discount code for Estate Plans launched last week and is set to expire at 12pm PST tonight! ⏰⁠
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We’re offering $650 off our Estate & Trust plans. This is a one-time discount and won’t be offered again! ⁠
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When you purchase an Estate Plan, you get:⁠
✔️ Spousal Protection Trust⁠
✔️ Child Protection Plan⁠
✔️ Asset Protection⁠
✔️ Incapacity Planning⁠
✔️ Peace of Mind ⁠
✔️ Privacy⁠
✔️ Family Harmony ⁠
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We know that this decision isn't simple, and it might feel like time is on your side. However, this is about safeguarding both yourself and your family's future for the long haul.⁠
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$650 Discount ends at midnight tonight. ⁠

Coupon code at checkout: 650OFF
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https://bjslaw.thrivecart.com/bjs-law-estate-plan/?coupon=650OFF

11/16/2022

The term “LLC” references an entity type, whereas “S-Corp” typically references tax status. The reality is you can have an LLC taxed under an S-election. ⁠ ⁠ ⁠
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When you are setting up a business, you have two choices – entity type and tax status. Within each of those choices, you have multiple options. ⁠
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Most importantly? Entity selection is not one-size-fits-all! ⁠
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Need clarification or have questions? -- Let's chat.

11/08/2022

I’m willing to bet you know just how overwhelming it can feel to be a business owner and receive a contract in your inbox. You open it, e-sign it, and hope for the best? ⁠
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We've all been there - I've done it myself! ⁠
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Contract lifecycle management (CLM) is an overlooked part of business operations, and most clients (and even attorneys) don't have a great system in place for contract review. ⁠
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A few tips for an efficient CLM system: ⁠
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- CLM schedule: ideally, an end-point will be selected and a schedule is reversed engineered to give both parties enough time for a round of review and revision before a final draft is circulated and executed. TIP: anything less than 2 weeks is going to feel very rushed. ⁠
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- Boilerplate review: if you are proposing the contract, your template will already have your ideal terms in it. If you are receiving the contract, you should match the received contract to your ideal terms and suggest revisions when necessary. TIP: you should keep a bank of key clauses like indemnification, liability limitations, governing law, etc. that your company is willing to accept or reject. ⁠
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- Keep Separate Versions: try to avoid consolidating the document through multiple rounds of revisions. Instead, keep separate versions according to your naming convention and produce new versions for each round of edits. This will give you a record of the negotiations in the event there is confusion at any point. TIP: CLM software usually includes this feature so if you are having trouble, look to technology for the assist. ⁠
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What works best for your CLM?

10/31/2022

The liability audit is a comprehensive review of the business documents, structure, and operations. Understanding what your strengths and weaknesses are within your business is essential to further growth and staying protected. ⁠
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The following items are commonly reviewed: ⁠
■ governing document (operating agreement, bylaws, partnership agreement, etc.)⁠
■ minutes and resolutions⁠
■ business operations⁠
■ tax filings⁠ (we are not licensed CPAs)⁠
■ choice of entity in light of the current situation⁠
■ employment agreements⁠
■ buy-sell agreements⁠
■ lease agreements⁠
■ overall entity structure, including additional asset protection entities⁠
■ business development plan⁠
■ service agreements or common contracts used⁠
■ intellectual property organization and protections⁠
■ estate planning integration⁠
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What questions do you have?!

09/07/2022

You have spent years building your small business, but have you taken time to consider what will happen to it when you retire, become disabled, or pass away? ⁠
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Although it is often hard to fathom an event that may not occur for many years, it is important to put plans in place in advance. The failure to do so could result in the eventual loss of the business. There are several factors you should keep in mind in making plans for the future of your small business.⁠
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You have invested a lot in making your business a success, and it is hard to think about relinquishing ownership or control of it. Nevertheless, planning is critical in creating a lasting legacy for your family.⁠
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Questions about the next phases? Feel free to reach out! ⁠
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📱: 916.426.2507⁠
💌DM: .com⁠
💻Visit: http://www.brandonjsmithlaw.com

09/06/2022

As an Attorney and Real Estate broker, I’m able to offer a comprehensive understanding of small business ownership, homeownership, and estate planning. ⁠
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I enjoy supporting my clients in multiple aspects of their journey and making sure they’re legally protected in the long run. ⁠
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I know everyone has a lot of questions right now about businesses and protecting your assets for your family. Whether you’re starting/selling a business, setting up a trust, or have real estate questions, feel free to reach out. ⁠
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📱: 916.426.2507⁠
💌DM: .com⁠
💻Visit: http://www.brandonjsmithlaw.com

05/20/2020

⁣The PPP forgiveness can be tricky, and I fully expect future regulations and clarifications regarding the finer points of the process. Here are a few tips or things to keep in mind as you start considering forgiveness: ⁣
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⁣1) Record Keeping: forgiveness will be based solely on whether the borrower has used the funds appropriately. This creates a burden on borrowers to justify every expense. ⁣
⁣2) Avoid Commingling: part of record keeping means separating the PPP funds from the revenue the business generates. Consider opening a new account for the PP funds to make a clean record of the use of PPP funds. ⁣
⁣3) Get an early start: Forgiveness applications can be submitted before the 8-week period is over. Consider starting the application process as early as possible. Lenders will likely be inundated with forgiveness applications. Getting your application in early might beat the crowd. ⁣
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⁣For more info on PPP forgiveness head to the blog — http://www.brandonjsmithlaw.com/uncategorized/how-to-get-your-ppp-loan-forgiven/?fbclid=IwAR2CW-c6vu94aoREOp_pWz_0rSzXz4QyJ2g0tcnVg-Db3VpScqcgT6Ph9NI

05/18/2020

⁣The second round of PPP funding seemed to reach smaller businesses more than the first round. As more small businesses are receiving funding, the concern shifts to getting that loan forgiven. ⁣
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⁣FORGIVENESS is based on 3 key factors: ⁣
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⁣(1) Eligible Expenses: PPP funds can only be forgiven if used for eligible expenses (gross wages, payroll expenses, rent, mortgage interest, utilities). Of those expenses, payroll must equal 75% of the forgivable amount. All other expenses will not be included in the forgiveness and will need to be paid back ⁣
⁣(2) Employee Retention: the average number of Full-time equivalent employees (FTEE) during the loan period will be compared to the average number of FTEE during a baseline period (a couple options are available, but this should be discussed with your professional advisors). The decrease in average FTEE during the loan period v. the baseline period will REDUCE your forgiveness by the same percentage. ⁣
⁣(3) Salary/Wage Reduction: employee salaries and wages for the period of 1/1/20 – 2/29/20 will be compared to wages and salaries during the loan period. Any reduction of MORE than 25% will also reduce your forgivable amount by the same percentage. ⁣
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⁣The Loan Period is the date of funding and the subsequent 8 weeks. As long as you are tracking your eligible expenses correctly, you stand to have the FULL AMOUNT FORGIVEN regardless of whether your business is still generating revenue. ⁣
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⁣The PPP is a lot to digest and it is constantly in flux. If you have questions, need help understanding the forgiveness rules, or need someone to advocate to your lender for forgiveness, feel free to reach out!

http://www.brandonjsmithlaw.com/uncategorized/how-to-get-your-ppp-loan-forgiven/

05/08/2020

Should Your Estate Plan Address Addiction?

Should Your Estate Plan Address Addiction?

Determining how to address substance abuse and addiction among your beneficiaries can be a sensitive and difficult decision.

More: https://www.sams.pro/financial-planning/should-your-estate-plan-address-addiction/

05/06/2020

This is a partnership in which the general partner(s) operate the business and the limited partners invest capital into the business. The limited partners are not involved in the management of the partnership – only the general partner(s). ⁣
⁣This structure is commonly used in apartment syndications, investment funds, and can even be used for small businesses looking to reduce their FTB fees.
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⁣Characteristics:⁣
⁣▪️General Partner operates the business and is primarily liable for the debts and obligations of the business⁣
⁣▪️GP is often a corporation or LLC. This allows the GP to have its own liability protection⁣
⁣▪️Limited Partners are not part of the operations or liability of the business, ⁣
⁣▪️Taxes pass through to the partners⁣
⁣▪️Annual FTB fee of $800 ⁣
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⁣ ⁣**A Note on Entity Choice**⁣
⁣The type of entity you choose can have a significant impact on your business. Not only do you need to choose the correct entity type, but you also need to make sure it is formed correctly. This will allow your business to adapt over time without the significant costs of reorganization (which often cost far more than the correct initial setup would have). ⁣If you have further questions or want to discuss your business, let’s book a consult so we can start you on the right path.
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⁣⁣Disclaimer: I am a licensed CA attorney, however, I am not your attorney unless we enter a written agreement. All information and posts are for educational purposes and based on hypotheticals. This is not to be construed as legal advice for your individual needs and situation. If you have specific questions, please reach out at mailto:[email protected]