It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While the guardianship process is meant to assist people in cognitive decline, it also exposes them to considerable risk. However, there are steps that you and your family can take to minimize those risks, including designating a preneed guardian.
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Cloud-based applications, also known as Software as a Service (SaaS), offer significant benefits. They are highly affordable, require minimal IT involvement, have no hardware requirements, and offer great flexibility. Yet there can be significant risks to a firm if it does not review vendors carefully. Unfortunately, security controls vary significantly from one SaaS provider to the next. Knowing what to look for when selecting SaaS vendors and implementing sound security measures will help protect your firm against a data breach and the significant repercussions that come with it.
Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper attention in the review process: (1) Confidentiality Provisions; (2) Indemnity Provisions; (3) Consequential and Special Damages; (4) Product Warranties; and (5) Audit Rights.
A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the target’s liabilities that are not expressly assumed by the acquirer remain liabilities of the target, and the acquirer will not have exposure to them. As a general rule, this is correct.
As an employer, you may receive a notice from a health insurance Exchange that an employee has applied for coverage and is eligible for a premium assistance tax credit. These Exchange notices—and its relationship to the assessment of employer shared responsibility tax penalties under the Affordable Care Act (“ACA”)—have generated both confusion and concern among employers.
Investing in an organization or fund with the aim of generating social or environmental impact alongside a financial return is a concept that has been gaining wider appeal and attention in wealth management. Often known as impact investing, the concept has become an industry. The Global Impact Investing Network estimates impact investments totaled $60 billion in invested capital in 2015.
The first quarter may be an accurate forecast of the performance of risk assets for the entire year, which is likely to be one of a flat average and a wide range of individual monthly returns. After the initial five-week decline in risk asset prices, global stocks reversed their initial losses, high-yield bonds spreads tightened, and the CRB Commodities Index finished higher by the end of the quarter than at the beginning of the quarter. The latest pattern in risk assets is unstable, similar to previous market tumbles and rebounds.
Over the next 15 years, the youngest of America’s Baby Boomers will turn 65, and waves of small business owners across the country will get ready to cash out. Sales of Boomer-owned small businesses and wholesalers are expected to reach an apex by the end of the decade. And finding time to plan for the future can be hard—especially for wholesalers, who face intense competition, market consolidation, and day-to-day operating pressures. Thinking 12 months ahead can feel uncertain, and planning for next-generation ownership can feel even more daunting.
The hedge fund industry got started in Greenwich when the location offered access to the best talent, tax and business incentives, and proximity to key executives’ homes. These important factors and the trend towards a private investment model have been shifting and accelerating the location of hedge funds and private equity firms to Palm Beach County. Location might be everything, but without the right talent it doesn’t mean anything. A well-planned talent strategy can mitigate the risk of disruption to both productivity and company culture.
Under 35s are creating more companies, with higher headcount and greater profit ambitions. They show strong interest in the new economy, but not exclusively, and prefer diversification across their investments. Dubbed as the “Millennipreneurs,’ these are business starters from ‘Generation Y,’ born between 1980 and 1995, also known as Millennials. Each Millennipreneur has started an average of 7.7 companies, and 78 percent of successful Millennipreneurs come from families with a history of running their own businesses.