Blog Moving to Website

03/07/2013

By: Neil L. Wojtal

Our firm has redesigned our website. Future postings on this blog will appear on the firm's website and not on this Blogspot site.

Please go to www.zslegal.com to view future postings. Once you are on the website, you can click on blog at the top of the page. Current blog postings also appear in a side bar on the right side of the website home page.

I will continue to post important information for small business owners on the website so make sure you check the website periodically.

Again, the website is www.zslegal.com. Take a look at our new and improved website.


Neil

Alert from Wisconsin Department of Financial Institutions Part 3

By: Neil L. Wojtal

This article appeared in the Milwaukee Journal Sentinel on February 10, 2013. Note that the Attorney General is now involved.

Firm scamming Wisconsin businesses, attorney general's office says

By Gitte Laasby of the Journal Sentinel

Feb. 10, 2013

 The State of Wisconsin is seeking penalties against the Mandatory Poster Agency Inc. and its owners, Thomas Fata and Steven J. Fata, accusing them of sending "corporate minutes" forms to Wisconsin businesses and falsely implying that the form was required by the state.

Documents from attorneys general's offices and court records suggest that the company, which does business in this state under the name Corporate Records Service in Wisconsin, is a serial scammer. The Mandatory Poster Agency has paid well over $100,000 in the past seven years to settle allegations that it perpetrated other document scams under various other names in at least 18 states.

In most of those cases, the state's attorney general alleged that direct mail solicitations from the company's aliases looked like government notices or created a false impression that businesses had to pay for mandatory signs - such as signs reminding employees to wash their hands - that were available from the government free.

The Michigan-based company has actively been scamming businesses in Wisconsin out of $125 fees since at least Jan. 28, the Wisconsin attorney general's office said in a news release Friday.

Corporate Records Service mails the businesses a green envelope with two documents that look and feel like government documents - a "2013 Annual Minutes Form" that contains the business' corporation number and one page of instructions. The business is asked to mail the form along with the fee to an address in Madison by a certain deadline. Unknown to businesses, the address is for a UPS Store box and the mail is forwarded to Lansing, Mich., where the Mandatory Poster Agency is based.

Dana Brueck, a spokeswoman with the Wisconsin attorney general's office, wouldn't say exactly how many Wisconsin businesses fell for the scam, only that some paid.

George Althoff, a spokesman for the Wisconsin Department of Financial Institutions, said his agency has received about 250 inquiries about the form from state businesses since the agency sent out a scam alert about it last week. At the time, state officials and the Wisconsin Better Business Bureau told businesses that despite the official look, the form was not required.

What may have tricked business owners is that the form cites a state statute out of context, which gave businesses the impression that Wisconsin law requires them to file annual minutes.

"Rather, Wisconsin law provides that if a corporation chooses to prepare minutes of its annual meeting, those minutes must be retained permanently," the state's complaint against Mandatory Poster Agency states.

The Department of Financial Institutions doesn't require a corporation to file minutes of annual meetings. It does require corporations to file an annual report with information about the corporation and its activities and ownership, but the information on the form wouldn't satisfy those requirements, according to the complaint.

Corporate Records Service offers to prepare the business' minutes, but proper minutes would require someone to have actually attended the meeting, and the company couldn't provide that based on the information that businesses supply on the form, the complaint states.

In a news release Friday, the Wisconsin attorney general's office called statements on the form and the envelope "untrue, deceptive or misleading."

The state is seeking an injunction to stop the mailings and civil fines of between $50 and $200 per violation plus restitution to the victims.

The Mandatory Poster Agency has operated under different names in different states, typically (state name) Mandatory Poster Agency, (state name) Food Service Compliance Center, (state name) Labor Law Poster Service, (state name) Labor Law Poster Company and (state name) Healthcare Compliance Center.

Among the biggest enforcements against the company: The owners paid $50,000 to resolve claims of consumer fraud and false advertising brought by North Dakota's attorney general in 2008.

At the time, officials said there had been at least 24 settlements between the Fatas and various state and federal law enforcement agencies since 2001.

Other states where Mandatory Poster Agency or its aliases have been in trouble for scams involving posters or signs related to labor laws and health requirements, according to the attorneys general documents and court records: Iowa, Illinois, Washington, Tennessee, Michigan, North Carolina, West Virginia, Pennsylvania, Idaho, Montana, Utah, Kentucky, Arkansas, Missouri, Florida and Vermont.

The company has also been criticized for selling overpriced deeds at nearly $50 each in Michigan when they were available for about $3 from county government.

Business owners who have questions about the forms can contact the Wisconsin Department of Financial Institutions at (608) 266-1622. Complaints can also be filed with the Better Business Bureau.

Follow the Public Investigator on Twitter @GitteLaasbyMJS. Read the PI blog at jsonline.com/piblog.

The information contained in this document is intended for the sole purpose of providing general legal information and is not intended as legal advice of any kind. This information may not apply to your specific issue, therefore, do not act upon this information without consulting Zimmerman & Steber Legal Group, S. C. or another qualified attorney.

Alert from Wisconsin Department of Financial Intitutions Part 2

By Neil L. Wojtal

Here is a copy of the letter and form which has been sent to Wisconsin businesses. Our firm received the form in the weekend mail. This form is not from the state of Wisconsin and you will receive nothing for your $125 other than information that is readily available on the DFI website. Do not fill out this form and return it. Save your money.

The information contained in this document is intended for the sole purpose of providing general legal information and is not intended as legal advice of any kind. This information may not apply to your specific issue, therefore, do not act upon this information without consulting Zimmerman & Steber Legal Group, S. C. or another qualified attorney.

Alert from Wisconsin Department of Financial Institutions

I received the following alert from the state of Wisconsin. Do not get caught in this scam. Call the DFI if you are contacted by this company.

Neil L. Wojtal

January 30, 2013

FOR IMMEDIATE RELEASE
Contact: George Althoff, Communications Director, 608-261-4504
State businesses cautioned about
company’s request for information

MADISON – The Department of Financial Institutions (DFI) is urging Wisconsin business
owners to exercise caution if they receive a request for information from a company called
Corporate Records Service. Business owners are asked to fill out an Annual Minutes Form and
submit a fee of $125 to a Madison mail box. Businesses are not required by DFI or any other state agency to complete the form.

“The form has a very official look to it,” said Paul Holzem, Administrator of DFI’s Division of
Corporate and Consumer Services. “It includes information about companies that is available on the DFI website, such as corporation number and incorporation date, that make it appear to be a legitimate request. Business owners should not be hoodwinked into giving out potentially confidential information and paying an unnecessary fee. ”

DFI has received numerous inquiries from business owners asking whether the form was a new requirement from DFI, which is the filing office for Wisconsin businesses.
The form states that Corporate Records Service is offering to assist businesses with maintaining minutes of meetings of shareholders and boards of directors, but does not include any specifics on how the company will supply that service. The form also includes the following statement:

“Corporate Records Service is not a government agency and does not have or contract with any government agency to provide this service. ”

“Any business that chooses to fill out the form and pay the fee should make sure they will be
getting some legitimate service in return,” Holzem said.

Corporate Records Service is not registered with DFI. State officials in Maine, Indiana and
Tennessee also have warned businesses in their states about the activities of Corporate Records Service.

Business owners who have questions about the form may contact DFI at 608-266-1622.

 

The information contained in this document is intended for the sole purpose of providing general legal information and is not intended as legal advice of any kind. This information may not apply to your specific issue, therefore, do not act upon this information without consulting Zimmerman & Steber Legal Group, S. C. or another qualified attorney.

The American Taxpayer Relief Act of 2012

I received this newsletter from Shakespeare Wealth Management, Inc. I thought I would pass it along since it contains a good synopsis of the recent legislation passed by Congress to prevent the tax increases included in the fiscal cliff legislation.

Here is the link:
 http://campaign.r20.constantcontact.com/render?llr=hsku6heab&v=001zsj4A0_3E1HbyYFUIxNEbWcIfDGW1qKOnCpztf7LLZMU4Hc1Rr_eDXyFczokaOqzReSadSYljKYvTU6XMb2WNW0WnQffYOh5evOIlXjxAWY%3D

The information contained in this document is intended for the sole purpose of providing general legal information and is not intended as legal advice of any kind. This information may not apply to your specific issue, therefore, do not act upon this information without consulting Zimmerman & Steber Legal Group, S. C. or another qualified attorney.

The Hiring Process

I ran across this article on Linkedin. I thought I would pass it along. Our business clients should read the article and then think about their own hiring process. Does your hiring process cover the points raised in the article? If not, you may want to rethink your process.

http://www.linkedin.com/today/post/article/20121126061916-15454-thinking-backwards-will-help-you-improve-every-hiring-decision

Neil

Four Plans That Every Small Business Person Needs

By: Neil L. Wojtal

When a small business owner thinks about his/her business and planning for its future, the owner needs to consider planning not only for the business but for his/her needs as the owner.

Every small business owner should have four plans in place to cover all of these contingencies.

1.    Business Plan – Every business should have a five year plan that addresses the business’ needs for the next five years. This is often called a strategic plan. It enables a business to plan for growth by looking at staffing needs, capital equipment, vendor purchasing, space and location, competition and the business’ response to changes in its particular industry. Many books have been written about business plans and there are strategists available who can help formulate such a plan. Note that all large businesses have such plans.

2.    Contingency Plan – Most small businesses rely on a key person to run the business. This person is usually the owner. If this person is suddenly unavailable through illness or injury, what will happen to the business? How will the business continue to operate? In some instances family members are involved in the business but other times there is no involvement. The small business person must look at employee training and the company’s talent pool and evaluate it. If necessary, strategic hires might be required to make sure the company can continue to run without the owner. Another alternative for a sole proprietor is an agreement with a friendly competitor who is also a sole proprietor. If he/she is unable to work, you will service his/her clients until he/she can get back to work and vice versa. The agreement would include a section that covers the return of clients once the emergency was over.

3.    Exit Plan – Every small business should have a plan for the time when the owner decides he/she wants to leave. This could be for health reasons, personal lifestyle changes or simply to retire. The Exit Plan can include passing the company on to children, selling the company or offering the current employees a chance to take over the ownership of the company. There are many alternative Exit Plan strategies that can be explored. However, thinking about it and setting up a plan will take the uncertainty out of what happens to the company when the owner decides to leave and having a plan will provide peace of mind to the owner’s family.

4.    Estate Plan – This plan goes along with all the others. What happens to the company when the owner dies? How do you protect the equity you have built up in the company and pass it along to your to your family? This plan will allow you to preserve your investment while the other plans are put into action. You can appoint a personal representative that will help continue the business. That person can hire additional help to keep the business going until a decision is made concerning the future of the business. The plan can include a valuation model for the purpose of selling the business if that is necessary. In addition, if a son or daughter is involved in the business, a buyout can be worked out ahead of time to allow for the business to pass to the next generation. There are many alternatives that can and should be explored before the owner decides upon an estate plan.

 I suggest that all business owners explore the above 4 plans and make some decisions to allow for the smooth transition of the business in the event of an unplanned absence, for retirement and to plan for your family upon your death.

This blog is designed for general information purposes only and should not be construed to be formal legal advice. You should consult an attorney for advice regarding your own situation. Although great care has been taken to ensure the accuracy and utility of the information contained in this blog, no warranty is made, express or implied, and Zimmerman & Steber Legal Group, LLC assumes no liability in connection with any use or result from use of the information contained herein.