There are many large and small businesses in the greater Charleston, S.C. area operating behind the shield of limited liability protection afforded by a corporation or limited liability company. This means that in many circumstances the owners of the company will not be subjected to personal liability if the company is sued for damages in cases such as breach of contract or personal injury. However, to benefit from the limited liability protection afforded by a corporation or a limited liability company, South Carolina law requires that the company comply with certain legal formalities or risk losing that protection. The loss of the limited liability protection is commonly referred to as "piercing the corporate veil." Whether a plaintiff is allowed to look behind the company and sue the individual owners for personal liability depends on a number of factors. One important factor is keeping the company record book up to date. At a minimum, annual meetings should be held and documented. In lieu of an actual meeting, the law allows a written consent to be used so long as all of the company's owners sign the consent. Also, meetings or consents should be used when approving any major action by the company. Please call us with any questions.
They say oil and water don't mix. The same can be said, legally speaking, of minors and alcohol. The legal drinking age in South Carolina is 21. If you are convicted of underage possession or consumption of alcohol, in addition to paying a fine or facing jail time for the criminal offense, here are some of the ramifications you may not be aware of:
Your driver's license is suspended for 120 days for a first offense and one year for a second offense, even if you were nowhere near a vehicle at the time of the arrest!
You are ineligible for state scholarship tuition grants for college if you are convicted of a second offense.
The conviction goes on your arrest record.
Your mug shot and fingerprints along with your arrest and conviction are entered into the national crime prevention data base.
Additionally, it is a crime for an adult to provide alcohol to minors. Also, the adult can be sued if someone is injured because of the fault of an intoxicated minor to whom the adult provided alcohol.
Lending your driver's license to a minor, a minor presenting a false driver's license, or a minor trying to obtain a fraudulent driver's license as ways to circumvent the drinking age restriction are all serious offenses and result in the suspension of your driver's license.
Non-compete agreements, in general terms, are agreements that restrict a person or company from engaging in certain business activity for a specified period of time within a specified geographical area. Usually they are used by employers when hiring employees and buyers in business transactions. The rationale is that an employer does not want an employee to learn valuable trade secrets or business methods and then go into competition against the employer. Nor does a buyer want a seller to start a competing business and take customers away from the buyer who just paid for them. These agreements are disfavored and closely scrutinized by South Carolina Courts because they can restrict someone's ability to earn a living. To be valid, these agreements must be limited in scope to a reasonable time period and a reasonable geographical area and be supported by adequate consideration. Each case is different so it is best to get legal advice prior to entering into a non-compete agreement because you may discover that you do not have the protection you intended or, conversely, you may find yourself barred from gainful employment.
Our lawyers often hear a buyer in a residential real estate transaction say, "I was told I don't have to get a new survey." That is correct-you don't have to. But should you? If you request a survey prior to the closing, a registered land surveyor will go to the property and survey its dimensions, locate the improvements on the property, such as the house, measure the building set back lines, note any utility easements as well as any encroachments. The result of the survey is called a plat, which is like a map-like drawing prepared by the surveyor showing the property, the location of the improvements, any easements and any encroachments. The plat can reveal many title problems. The location of the house might violate the building setback requirements. There could be a sewer easement running through the property or, as we have seen, even under the house! The property may not be as large as was thought. A neighbor's fence, driveway or even the house might encroach onto the property or vice versa. Some of these problems are easy to fix but many are not. If they are discovered before the real estate closing, then they are the seller's problem. If they are discovered after you purchase the property, then they will become your problem. The only way to be certain is to obtain a new survey. The purchase of real estate is one of the biggest, if not the biggest, purchase you will ever make. Why take a risk like this to save a few hundred Dollars? In our opinion, a prudent buyer will almost always get a new survey before purchasing real estate.
Separation Agreements are routinely entered into between divorcing couples to settle issues relating to child custody, child visitation, child support, alimony and equitable division of martial property and debts. It is important to know that in South Carolina these agreements are like other legally enforceable contracts, with one major addition-after they are approved by the Family Court they are enforceable by the contempt powers of the Court. This means you can end up in jail for a violation of the agreement! In an effort to save money, often one spouse will rely on the other spouse's attorney to prepare the Agreement and does not seek legal advice prior to signing the agreement. We call this being "pennywise and dollar foolish." You should have us review your separation agreement prior to signing it. It may cost several hundred Dollars now but our legal review could save you thousands of Dollars later.
