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New Maine Law Distinguishes Service and Assistance Animals and Seeks to Curb Abuse
A recent change to Maine law seeks to clarify the law regarding service animals and combat a perceived increase in misrepresentation of pets as service animals. The new law, which took effect July 29, 2016, creates a distinction between “service animals” and “assistance animals,” and also increases penalties for misrepresentation of animals as service or…
501(c)(3) Public Charities: Meeting the Public Support Financial Requirement
Nonprofit entities that have been granted tax exempt status under Section 501(c)(3) of the Internal Revenue Code (the “Code”) must remain in compliance with the requirements of the Code. This is particularly true with exempt entities that have been granted “public charity” status (the “Organization”). The IRS allows some flexibility in satisfying the Code requirements,…
Do I Need a Statement of Authority for My LLC?
Whether a well-penned forgery or a contract signed by a disgruntled ex-partner or ex-employee, no business manager wants to see a contract binding on the business that management did not authorize. A statement of authority is a two-page document filed with the Secretary of State (currently a $50 filing fee) alerting third parties which members or…
What Do I Do If Someone Infringes My Trademark
A trademark is infringed by any person who, without permission, uses any reproduction, counterfeit, copy, or colorable imitation of a trademark; or uses a trademark likely to cause confusion, or to cause mistake, or to deceive as to the source of the goods and/or services, or to falsely create an association with the owner of…
Charitable Solicitations Act: Why You May Need a License to Accept Donations
It may come as a surprise to some, but Maine, like many other states, requires charitable organizations to obtain a charitable solicitation license from the state before soliciting donations within Maine. The Maine Charitable Solicitations Act (CSA), 9 M.R.S. §§ 5001-5018, regulates “charitable organizations.” Broadly defined, it includes entities that hold themselves out as charities…
Best Practices in International Business Contracting – Part 2
In a prior blog post, I began discussing best practices when contracting with another business that is outside of the United States. The most successful businesses forecast their potential business risks, discuss them early with their counterparts, include related provisions in their contracts addressing those risks, and then monitor the relationship on an ongoing basis….