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Post Election Show and Franchise Law

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
November 9, 2024 2:00 pm

Post Election Show and Franchise Law

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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November 9, 2024 2:00 pm

On this edition of Judica County Radio,

Josh Whitaker and Joe Hamer, Managing Partners, Whitaker and Hamer Law Firm, will get into, yes, the election. did anybody sleep?Franchise law, beneficial ownership information reporting, we'll discuss. Along with jurisdiction clause, the forum clause, and the arbitration clause and what are you actually agreeing to? All of that coming up on this edition of Judica County Radio.

If you have a legal situation and need answers call

Whitaker and Hamer 800-659-1186 or click here to visit our website.

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Coming up on Judica County Radio, your host, Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm, will get into, yes, the election.

And did anybody sleep? I don't know about that. Now franchise law, beneficial ownership information reporting, we'll talk about that, and jurisdiction clause, the forum clause, and the arbitration clause. And again, what are you actually agreeing to? All that coming up on this edition of Judica County Radio. Whitaker and Hamer presents, Judica County, with Joshua Whitaker and Joseph Hamer. Judica County Radio, your host, Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm, again offices located in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay-Varina, Gastonia, and in Moorhead City.

They are practicing attorneys here in the great state of North Carolina. I'm Morgan Patrick, and each and every week it's always legalese. Josh, Joe, before we jump into all the topics, how was your week? So far so good. You know, we're in the studio after election night, right? So we had election night, and we're in the studio this morning, and I'm drinking some coffee. I was going to say, are you dragging a little bit?

I am, but it's completely by accident, because I went to bed at the same time I always go to bed. We had the kids in the room. We were watching the election coverage.

They've been talking about it at school. We watched it till about 10, and then I hit the sack, and then my wife woke me up at 2 o'clock when she was going to bed, couldn't go to sleep, just stayed up and watched everything through the morning. But it was a little crazy. Who got elected? I didn't see. I wasn't paying attention. It sounds like former President Trump will be future President Trump, and everything wrapped up same night, and that was it.

You know how couples, when they don't want to find out the gender of their kid until it's born, I was trying to do that and just make it to January and not know, and then just be surprised the day of the inauguration. That was my plan. My statement is, I'm exhausted. It's compelling, man.

You know what I like to do? This is my favorite election tradition. I like to split screen, and I go to super conservative message boards and super liberal message boards, and I just follow. It's incredible, man. You would not believe the polarity. It was the most fascinating thing, man. You'd hear one thing from one side, and you'd hear the exact opposite, and people are speaking it as fact.

Ultimately, no one really knew. I know I say it all the time on our show here, but my training is I was trained to be an editor of a newspaper, which is a super old-timey job, but that's what I went to undergrad for. I do the same thing, Joe. I watched a little bit of CNN. I watched a little bit of Fox, MSNBC, Bloomberg.

I think this election will probably be a big referendum on legacy media. Whoever you're rooting for, I think most people want to hear facts. They just want to hear the news. I think there are some people who take a lot of comfort in their echo chambers and hearing what they want to hear, and they build that bubble, man, and they're in it so hard.

And I will tell you, the bubble's hard to get out of once you get into it. I think you're kind of forced, because I follow some people on X. We make sure to change channels, look at different news sources. A lot of people don't have time to do that, don't care to do that. They just get what they get. So it's real easy this day and age to get forced into a bubble.

And I feel like there was a time a long time ago where maybe the media was a little bit biased and maybe there was some liberal bias or whatever you think, which pretty much got the facts. Like, hey, Trump said something today. Here it is. You know, Harris said something today.

Here it is. And yeah, this is just a pining for 24 hours a day. And what's going on is a little it's a little hard to watch. And I think a lot of people kind of take it as news. I think the line between news and opinion, I think we've seen that completely.

I don't even know if it exists anymore. Right. I mean, over the last, what, 20 years, we've seen the line for media. There's the liberal media. There's the conservative media. And where you get your news from on a daily basis, if you stick to any particular side, that's what you're going to get.

And one of the things that, you know, my father was a poli sci professor way back in the day. And, you know, to try to find that almost that neutral news source, believe it or not, if you go outside the country like the BBC and how they look at us and how they report on us is pretty neutral and can be very critical. And I like the Associated Press.

I think that's that's going back to basics. And again, Josh, you kind of you kind of trained in that area. So I like to go to the AP. But I tell you, though, you go anywhere else network, conservative, liberal.

I mean, you're going to get those types of messages. And if you like drinking that Kool-Aid, they're going to give it to you. Yeah, I feel like we're all grown ups. We're all we're all smart enough to kind of draw our own conclusions. And if I'm if I lean conservative, you're not going to stop me from leaning. I'll still interpret the news from that angle or I'll interpret the news from a liberal angle. But just just give me the facts. That's why I missed the newspaper.

Just tell me what exactly what happened. Yeah, I'll figure out how I feel about it. You know, bring the newspaper back, Josh. I feel like it's right for a comeback.

Retro. Yeah, I still I got the Wall Street Journal for a long time just because it was one of the last papers you get the Sunday New York Times and the Daily Wall Street Journal. I thought that was that was good to have. But that even got too much.

You know, they don't they don't like you to have the paper anymore. But, you know, the same the same thing I'm talking about here. I was going to talk about this is kind of a legal story, too. But it was big news. I can't remember the people's names, but peanut the squirrel and Fred the raccoon. You guys you guys heard about that tragedy, man.

So you heard that. All right. Give us the background.

Give us the back. I can't remember the guy's name, but it's this guy had a tick tock account. He rescued a squirrel squirrel. He had he had an animal sanctuary.

He had tons of animals. But the squirrel, he basically turned the squirrel into a social media star and squirrel had like hundreds of thousands of followers and is a cute squirrel did cute things. Everybody loved the squirrel, except for except for allegedly one lady. I think I think she was Kathy.

I think she was a Kathy. What I've heard some disputes about whether that was exactly how it went down or not. But basically got reported and the authorities in New York busted in on him, essentially raided him. And he showed he walked through me and they tore his house apart, you know, looking for these animals and took the squirrel euthanized it, basically. They took the squirrel in the raccoon. I think the story was that the squirrel, the raccoon bit them maybe or bit somebody because they had to do rabies testing and then the rabies test. You know, you don't survive that.

It's not really a test. It's like a rabies execution. But rabies is rabies is not good for you, man. I've done my research. I figured that out. You found the facts and interpreted the facts. So did he have more than just those animals? Because they only took the raccoon and the squirrel.

I don't know, man. I got caught up in the zeitgeist of the squirrel, so I didn't really deeply research the rest of the story or the other animals. But my understanding is he had a he basically had an animal sanctuary. So I think he had more than just the squirrel. So New York, he lived in New York.

He lived in he lived in western New York. And in New York, it's there's a lot of laws. Maybe they're here in North Carolina, too. I'm not familiar with all the laws that have to do with wildlife. But in New York, you're not supposed to keep wildlife for a pet.

I think there's a registration process where you can get them registered. But it sounds like, you know, this is we talk about overreaching laws. And so it seems like this was kind of one of those laws, like, you know, who who cares if the guy has a squirrel? You know, I mean, if it bites somebody, I don't know who cares if he has a raccoon, you know, and and to just and they searched his home. You know, they went through all of his stuff.

They got this general warrant to search everything. And you'll hear you'll hear more about this. But this got everybody real fired up last week. My kids knew who Peanut the squirrel was and they found out he was dead. Was not good.

It was not good. Very sad kids will have to check on North Carolina. But I think the raccoon angle, it's you can't have a raccoon as a pet. And it might be from the rabies angle that Joe had mentioned because they're carriers.

But, yeah, you see all these cute videos on social media and people like, oh, I want one. I used to go pretty sure you can't do that in North Carolina. I used to go to this barbershop growing up and this guy would come in there to get his haircut and he had a possum that would just hang out on his back. That's crazy.

We just come in and and get his haircut and with the possum on his back. Yeah. Wow. Yeah. That's a little country right there.

But yeah. So so that was that was kind of a that's kind of a an overreach. We talk about warrant sometimes and we talk about, you know, bureaucracy and you know, what what purpose was this law really? Who benefited here? And I guess maybe the general public not being exposed to potential rabies or something. I don't know. But yeah, they were supposedly an anonymous whistleblower that they think they figured out who it was. But like you said, Joe may not be her. Who knows, man?

Who knows? But I want to talk about a couple of things today. Morgan and all of them are kind of in the news. All of them are kind of things that have been coming up like we're not I don't have any election. We don't have any election coverage. You know, we're not doing any of that.

Everybody by the time this show goes to air, everybody will be sick of that. But I want to talk a little bit about franchise law. We get a lot of franchise law questions. You know, we deal with a lot of business law, self-employed. So I get a lot of questions about franchise disclosure documents. I want to spend a little bit of time talking about that. There's the new laws about if you own your own business, the beneficial ownership information reporting under the Corporate Transparency Act.

That's something that that a lot of people are asking me questions about. And then I had to come up a couple of times over the past couple of weeks, like a jurisdiction forum clauses in like contracts. Right. You sign a contract with somebody to do something and then you come to me because they breached the contract. But then I find out in the contract you agreed for it to be interpreted in like South Carolina law.

Right. Or you've agreed for it to be if it goes to trial, it's going to be an arbitration in Delaware. And so you've you've got this jurisdiction forum clause and then that's come up a lot lately. So those are a couple of things that I want to touch on for the show. Well, and what about consults this week?

Are you going to go into a certain area? Again, we do complementary consults here on the program. I think I think we're going to stick with we've been doing estate planning. We've been doing free estate planning consults. We're not going to talk a lot about estate planning today, but but I think we're going to keep doing that. If you if you call in, we're going to get you set up for a free estate planning consult. So I think that's what we're going to do this week, Morgan. OK. Judica County radio. We're going to take a short break. We'll come back. We'll talk about franchise law.

Just a reminder. Josh Whittaker and Joe Hamer, managing partners, Whittaker and Hamer law firm. Again, offices located.

Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. They're practicing attorneys here in North Carolina. And one of those consults are available. All you've got to do is call 800-659-1186. That's 800-659-1186. Again, it's estate planning. These are complementary.

You leave the checkbook at home again. Eight hundred six five nine one one eight six. We've got more Judica County coming up. Judica County radio hosted by Josh Whittaker and Joe Hamer, managing partners, Whittaker and Hamer law firm.

The power behind this program. They're also practicing attorneys here in North Carolina. Offices conveniently located in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City.

I'm Morgan Patrick. Each and every week it's legalese. Each and every week we have a complementary consult available. They're a limited number, but this is estate planning. If you got any questions, you can jump on those consults. Leaving the checkbook at home. Great way to test drive Whittaker and Hamer law firm.

The number to call to secure one of those complementary consults is 800-659-1186. Josh. All right. So still struggling. I've almost finished my coffee.

That's not good. This is I'm about a pot, a pot of coffee in today, but we'll we'll keep it going because that's what we do. We keep it going. The the first thing I want to talk about.

It comes up for me a lot. We are law firm practices. You know, we got several. We got nine, 10 attorneys. We practice different practice areas. I end up doing a lot of business law, working with a lot of self-employed folks. And a lot of times I get I get asked to review franchise disclosure documents, franchise agreements.

Kind of a subsection of business law is franchise law and franchise disclosure docs. If you're if you're in conversations with somebody who's selling a franchise, Joe, I don't know if this comes up a lot for you. Finish your thought, man. I don't know.

Maybe it does. You know, I was hanging on every word right there. You know, it's a pregnant pause. So so franchise. So if you're talking to somebody, McDonald's, Bojangles, big franchises, little franchises, if you've decided you want to invest in a franchise and you contact, we call them a franchise or right, you contact McDonald's in our example, McDonald's is going to send you a franchise disclosure document. It's required by federal law.

Every state kind of has additional requirements that may exceed that of the federal law. But but within a certain amount of time, once you contact somebody about buying a franchise, you're supposed to get a franchise disclosure document. These things are usually pretty long and they contain a lot of information. It's kind of like a prospectus.

Right. If I was going to invest in some kind of fund or something, it's like a prospectus. It's going to tell you, you know, who owns the franchise, you know, how they how do you get supplies, what the money spent on franchise fees is going to if there are any active litigation, if they've ever filed bankruptcy.

It's this document designed to give you like a instant snapshot of the company that's trying to sell you a franchise with a lot of information about how the franchise would operate. And you're supposed to get that if you don't get that within a certain amount of time, there's a lot of very stiff penalties for for not getting that. But I have there.

They're long. It depends on the franchise. But I mean, I've had people like give me like one hundred and eighty page franchise disclosure document. But that that's always step one.

And so I just see that come up a lot. But that doesn't mean anything. You're not obligated to anything. This is just this is just an FYI.

But no, if you're talking to somebody who's selling a franchise, you're supposed to get that. And it's very detailed what it's supposed to what's supposed to be in there. Yeah. Super. That's just step one.

Super detailed to the point of twenty twenty three sections. And and so it's like you said, Josh, it's it's a requirement. It's a it's an FTC requirement.

And and yeah, don't don't it's necessary, right? Because anyone who's who's entering into one of these franchises, who's looking to purchase a franchise, it's a substantial investment for you. And, you know, there's there's there's a public interest in protecting folks who are looking to make that decision. So that's kind of what this this is aimed at. But like you said, yes, that's just step one of of a of a multi-step process potentially.

Yeah. So after you get that there, you know, they can they'll tell you what a franchise costs, what you what you have to put into it. And there'll be estimates and things, but that'll give you an idea. And as you go further down the negotiation process and eventually you'll get a franchise agreement, right? You'll get a contract that you'll have to enter into for the purchase of the franchise. But franchises can they're not all built the same. They all operate differently. They all make their money differently off the franchisee.

And I see some people kind of get into some things that don't really work out, you know. And usually you're, you know, as part of the franchise, you know, you've got to go establish your franchise, right? You're the franchisee. You're going to go open. I keep saying McDonald's. I should.

I mean, it could be anything. Right. But you go you go set up your McDonald's after you've signed the agreement, you bought all your supplies, you've got your signage, you've rented your building. But if it fails, that's on that's on you.

Right. And it's a contract and you still have obligations. You might have gone out and signed a commercial lease where you want to open up your your restaurant, your franchise.

And none of that goes away if it if it fails, you know. So I've had people I've had clients who who have felt really strong about starting a franchise, felt really good about the franchise. And then once they got it started, I don't know that everybody always realizes, hey, this is a contract. You know, this is this is a legal obligation. And that's all that's a lot to sift through. And a lot of people who do these kind of things are savvy investors and can get through it. Some people a little bit more confused. The point being, you need to get an attorney to look at it. I was going to say that was going to be my question.

Just sitting over here and just listening to this conversation. How important is it? And do you see do you see a lot of people try this on their own and then eventually come to you for for for legal advice?

Or do most people look at it and say, look, this is outside of my, you know, my box. I need to work with a pro. Well, the folks that the folks that come to me in the beginning, you know, you know, we got to go through it and we kind of look at all the legal obligations. And I always do.

I'm always I mean, I always play devil's advocate. You know, what if this doesn't work? What are you obligated to? How do you terminate this agreement? If it doesn't work out, if you're going to have to go lease a space, let's look at that lease.

How long is that for? Because, you know, these people, you know, your landlord on your commercial lease doesn't care. If your franchise doesn't work out, they want their rent. And commercial leases are a little different than residential leases.

And there's some important differences there. But there's just a lot to consider. And again, a lot of people who who are looking at buying a franchise are savvy. You know, they they they've made enough money to pay for it.

They've they've they've gotten means. But it's very important to understand everything that you're being obligated to. What you have to buy from the franchise or what you can do, what you can't do.

But there's a lot there to unpack. And I think I started with the franchise disclosure document because I think that intimidates a lot of people. They don't know everything that's in there or why it's in there. But, you know, sit now with an attorney who practices business law, practices franchise law. Just just figuring out everything that entails a lot of those franchise agreements. We're going to talk about this later.

They have form clauses, right? So if there's a breach, you might not be defending yourself in North Carolina. You might be defending yourself in Florida or wherever the franchise is. So just just some again, I've seen this come up a couple of times over the past month or two.

So just a word word of warning there to to really sift through those things. Judica County radio, Josh Whitaker and Joe Hamer are your host of the managing partners at Whitaker and Hamer law firm. They're practicing attorneys here in North Carolina. They have offices conveniently located for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Varina, Gastonia and in Morehead City. And we have complimentary consults there in and around estate planning.

And again, you leave the checkbook at home. If you've got any questions about estate planning, maybe you want to start that process. Maybe you just got those those questions as you're getting into it. Or maybe you're in the middle of something. You need some advice.

You can grab one of these consults. Eight hundred six five nine one one eight six. That's eight hundred six five nine one one eight six. And since we're on franchise law, if you're in the middle of something and you need some advice, they're obviously get in touch with the firm. Eight hundred six five nine one one eight six. We've got more coming up on the program.

Again, beneficial ownership information reporting. What is that? And that's a great question because I want the answer to it. That's coming up on the other side. You're listening to Judica County Radio.

We're back right after this. Judica County Radio, hosted by Josh Whitaker and Joe Hamer, managing partners, Whitaker and Hamer Law Firm. The power behind this program. They're practicing attorneys here in North Carolina and they have offices located almost everywhere for your convenience.

Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. I'm Morgan Patrick. We go back and forth on legalese each and every week. We have some fun along the way. Very serious topics. If you've got any questions about something going on in your life, you can always contact Legally. I'm talking about don't don't just call for normal advice. Josh loves to talk to people about their everyday problems.

He likes to do marriage counseling. Pull up a chair. Pull up a chair. Here, sit on the Chase Lounge and we'll have that discussion. Now, this is about legalese. If you've got questions about something you're going through, you can always contact the firm. Eight hundred six five nine one one eight six. And if you've got questions about estate planning, they are offering up five complimentary consults for estate planning.

Eight hundred six five nine one one eight six. So we've talked about the election. We've talked about the lack of sleep. We've talked about franchise law. And now we are getting into beneficial ownership information reporting, or at least we'll eventually get there.

But Josh, take it away. So, Morgan, during the break and I'm a blame this on my my my my lack of sleep during the break has brought to my attention that my discussion on franchise disclosure documents may not have been. The most exciting radio we've ever had.

Riveting, riveting, riveting, paint drying on the wall. I'm watching it. I am on it.

So if you're still if you're still with us, I appreciate it. But I think that was a test for the truth. You know what? You put them through the ringer so they can get to the good stuff. The listeners want to hear, you know, the train wreck that is your lives.

That's what they hear. So what is going on? Let's franchise that Josh or Josh or Joe's life.

That is an absolute train wreck right now. What you got, Joseph? Me personally, just finished up another exciting season of adult men's recreational basketball league.

So that's a thing. You didn't get hurt, right? No, I'm injured.

I'm a I'm a steel tank, man. I don't get hurt. And you got to you got to move fast and like and and like jump high to get hurt.

If you just if you stay grounded and barely go anywhere, man, you're very safe. It's a safe sport. The job of the hut ground game. Yeah, we we we played in the town of Clayton's adult 35 and up league and and pure domination of that league.

Undefeated championship. And then we moved to the town of Garner. Turns out the town of Garner has a bigger talent pool apparently to pull from all for this. Yeah, man, some good folks, man, some good folks. And, you know, it goes that way sometimes for you. You know, we we had a tough game. We made it to the final four. We had a tough game against the undefeated undefeated regular season champions. We may have we may have gotten taken down by one of the worst calls in the history of adults.

Thirty five and up basketball. But those are the breaks, man. You know, that's what happens. We had a lane violation on a free throw with under 20 seconds left to put us up by four.

So these are the types of things that championship teams and the 35 and up league don't do, Josh. Well, I hate that. I hate that didn't work out for you. We would have had you. We would have had you on our team or on the bench because because you've got an illustrious, an illustrious coaching record, man. That's what a lot of listeners don't know.

One of the most successful 12 and under men's basketball coaches in the county. The the I hate I hate it didn't work out for you guys. Yeah. Maybe you needed a little a little play drawn up maybe or something. An out of bounds play calm all the players down. Well time.

We had we think it's picket fence. Listen to what we did, man. Up five under 40 seconds left. We had we had somebody shoot a shot in that scenario, which again, car immediately.

Everybody was like, what are you doing? And then had the lane violation that would have put us up by four and then fouled on a three pointer when they were down. The other team was down three fouled on the three. We had a terrible call. I mean, one of the worst you've ever seen.

It was one of those. Everybody in the gym is almost riots after it happens type of calls. But so a lot of mistakes, a lot of mistakes for our boys.

But we're coming back stronger. You know, we appreciate the support of everybody, all six people who came to the games. I remember I remember growing up in high school and in older leagues playing over in Garner.

They don't do it anymore, though. We played every street and and that gym would get packed for for those games. You know, even the adult games would be packed.

And I got real hot in there. It's like cleaning. I think that's like what planning Cameron must be like. That's what I equated it to. Yeah, man.

Yeah. I you were a great coach, man. I don't think I can harp on that enough. You know, you had a very tried and true philosophy of why do we need to call place?

Why don't we just go out there and why don't we let God draw the place up? You know, we look for talent. We look for talent. And if you have if you have the talent, it doesn't matter. You had an eye for talent, man.

You could you could spot them. You should have been a talent scout for again. And that that 10 to 15 year age range for basketball players, man.

Yeah. What's the what's the one sign when you're in the league? That's maybe the title of the league should be hanging on too long to your youth or trying to. I tell you, man, what's the one sign? The one sign is when the official has to have a like an official escort out to their vehicle after the game.

Yeah, man. You know, this league, the Clayton League had a lot of folks like me and you, Josh, who who were this was a fun thing for them. They were trying to hang on to their last little bit of athleticism before they get too old for it. Garner League had a lot of folks still very athletic, still very a lot of a lot of former Division one, two and three athletes playing in that league.

And that really shows up on on the court, you know, really. It's weird how basketball and Joe, you're doing great, you know, but like the closer the closer I'm way past 40 now. But the closer I got to 40, the harder it was for me. I can't remember what year it was. Maybe I was 38 or 39, but I tore my ACL in an over 35 league.

Yeah. And and I tried to come back and play. I played attorney. There's attorney league basketball. Yeah, I tried to play eternally basketball. And I was like I was like the super old guy in the gym and I was only getting a couple minutes a game. And I got I was doing clean up duty and I got dunked on and clean up duty and eternally basketball. I was like, ah, man, it's how did you tear ACL doing it? Was it going up for a dunk?

It was not moving slowly in the lane to get a rebound. He just fell. Did you do the right? Did you do the fall down and just go? Did you did you just walk off and just hold it in? I fell down and I couldn't I couldn't move.

Right. And no one helped me like the ref didn't help me. My team didn't help me. I just lay in there. That's a sign of it. That's a sign of respect for you, man, because they knew you had it. They knew that you had it under control.

And so I like body dead body. Move it. I rolled myself to one knee, got up and just like drove myself home. But like, look, I'm done. I didn't know I had torn my ACL. I knew I wasn't playing anymore. But I like I like thinking of you just staying on the court and they just play around you.

Just put up a put up a couple of traffic cones like on either side of you. Come on, Josh, had a pick. Good.

OK, thanks. But every time an athlete tears their ACL, man, I always like I hate it for him because I was like, that's tough. That's tough when you just play basketball on the side for fun. But if you're doing that for a job and you tear your ACL, it's just that's just no fun.

I've ripped up ankles really bad, not ACL. But it's coming for me, man. And I'll be sure to come back and report on how it happened to me. Beneficial ownership information reporting.

What exactly is that? We'll save that for our next segment. You are locked in the Judica County radio, your host, Josh Whitaker and Joe Hamer, the managing partners at Whitaker and Hamer Law Firm right here in North Carolina. And they are practicing attorneys here in the Tar Heel State.

They got offices located in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Moorhead City. And here on the program each and every week we have five complimentary consults. And this week it's estate planning. If you've got questions concerning estate planning, want to get rolling on it. You can certainly grab one of these consults. Eight hundred six five nine one one eight six.

That's eight hundred six five nine one one eight six. And as we said before, when we return, beneficial ownership information reporting. What exactly is that? That's all coming up next on Judica County radio. Judica County radio hosted by Josh Whitaker and Joe Hamer. They are managing partners, Whitaker and Hamer Law Firm, practicing attorneys here in North Carolina.

They have placed offices convenient for you in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Moorhead City. I'm Morgan Patrick. Each and every week it's always interesting topics a la the legal world. We also get into just the life and times of Josh and Joe and their families.

Always a lot of fun there and anything that's going on locally. And to offer up the five complimentary consults, let me tell you about those estate planning. That is the focus this week. If you've got questions about estate planning, maybe you thought about putting one in place.

Haven't really rolled the ball there yet. Now's your opportunity to get moving on it. Again, five complimentary consults. You can call this number and secure one. Eight hundred six five nine one one eight six.

That's eight hundred six five nine one one eight six. So we tease this beneficial ownership information reporting. What exactly is that?

Josh, take it away. So I know a lot of our listeners are self-employed. Right.

Run their own businesses or have an LLC that holds rental property or they have some sort of business. Right. And so there was the Fed's past Corporate Transparency Act a little while ago.

And as part of that, you if you have a business, if you have an LLC, if you have a corporation, you've got an additional requirement now where you do, you know, beginning of the year, you got to do a beneficial ownership information report, which is basically a report you file that just gives the social and names and addresses of all the actual owners of your company. And that's that's the short and sweet of it. The reason I bring it up today is because I get asked a lot about it.

I know Joe does, too. And I think people hoped there's been a lot of challenges to this law. And so I think a lot of business owners kind of put it on the back burner. I kind of did, hoping that it wouldn't be required or, you know, they'd extend the reporting time.

But most a lot of those challenges have failed. And so, Joe, I know it came up for us and we had someone ask us about homeowners associations. Right. Homeowners associations are sometimes set up as regular companies. Right.

Regular LLCs as opposed to nonprofits. And they don't really have an owner. Yeah. Right. Yeah.

It's true. You run into that situation a lot with folks because, you know, you need a responsible party for these organizations. And when you deal with an HOA, a lot of times you're dealing with it's transitory.

Right. Like so you'll have people who are in charge and they kind of phase out periodically. And so, yeah, it throws folks off and and and people get real hesitant to kind of put themselves in there as a beneficial owner, when ultimately that that may not be the case for for longer than a short period of time. And the feds say that this this is required.

This is going to somehow. And I haven't I don't really know all the inside. You know, I haven't looked at why it was passed and what they hope it is supposed to be like an anti-fraud, anti-money laundering statute. So they, you know, you would think from an IRS filing, they already kind of know who the beneficial owner is of your LLC. And I haven't quite figured out I hadn't spent the time on it to figure out what it's adding that they don't maybe already have access to. And somebody out there smarter than me probably already knows. I know it's a requirement.

I know it's a thing. I know it's something that you're going to have to do the rhyme or reason. It's really weird, though, if you look at the exempted, because there are certain entities that are exempted from having to file. And it's a lot of banks and money managers and things like that you think would be the most likely to maybe be committing some kind of fraud or money laundering, you know. So a lot of the people that are exempted out of it, it doesn't make a lot of sense to me, but I haven't I haven't been able to do that deep dive, Joe.

I just wanted people to know if you're out there and you got an LLC or you got a corporation, this is something you probably should ask your CPA about, ask your attorney about, look into it on your own. It's not anything that you can't do, you know, on your own. You don't you don't have, you know, but but it's just something to be aware of.

Like I said, talk to a lot of self-employed people and most of the self-employed people I talk to on a regular basis, not really aware of it. If they are aware of it, they don't really know what they have to do. Right, Joe? I don't know if that's the sense you get. Yeah, and that's the exact sense I get.

And but like all things, man, it'll there'll be a better understanding of it as as time goes on and as as it plays out, develops. So you talk to a lot of people, man. You're very popular. Do you know that?

I do. I'm not I'm not popular, but I do end up talking to a lot of people. You know, we get a lot of people calling in on the radio show. And so I usually talk to most of the people that that call in.

And then, yeah, just in my day to day run into a lot of people, you know, people doing real estate closings, people doing estate planning, people litigating things. Right. We were talking earlier about the the franchise disclosure document, the franchise agreement, and I will not rehash it for the folks who didn't get a chance to hear it. But, you know, there's things that people there's all kinds of things that bring people into our office.

I guess that's that's the point. You know, we had we had somebody come in because they had signed an agreement. We talked about this a little bit earlier. They had signed an agreement. The other party was breaching it. They wanted us to sue the other party, which is fine.

We can do that. But the contract required the the contract required it was required on its face to be interpreted under Delaware law. We practice law in North Carolina.

I'm not I'm not admitted to the bar in Delaware. You know, so so when you sign something, you need you need to read it. Right. And that what our dads.

Right. Always told us or your granddad or your uncle. Somebody told you never sign anything till you read it. My dad said, trust everyone and trust everyone.

If they got pen and paper, they're probably pretty trustworthy. That's that. That's not true. And and and that's a little overkill. Some things are pretty standardized.

You don't you know, I don't read everything that comes comes to me. But if you're an enter an agreement with somebody where someone could breach it or you're paying someone ahead of time and they might not do the work, or there's a potential where you might have to sue them, you need to read that contract and see if you're agreeing to arbitration first. Right. See if you can sue them. See what laws apply. Like if you're agreeing to a contract that's subject to Arizona law. I don't know what that is.

I'm guessing you don't know what it is if you're signing it, you know. So, yeah, that's a long winded answer to your question, Joe. Where we do end up talking to a lot of people. Yeah.

You you you're you're selling yourself short on your popularity. And you're ravishing good looks. And then we talked to Morgan a lot. That's always nice.

Yeah. Morgan, you're also very popular, man. Well, I mean, I just enjoy I enjoy the back and forth. You guys get into subject matter that I think the everyday person that might be thinking about getting into a certain area from a legal standpoint just hasn't thought about. And, you know, the the importance of having, you know, someone walking with you down this path, someone that has expertise in this kind of category.

It leads to, I would imagine, far less headaches as you're moving through this process, because the old saying, you don't know what you don't know, work with people that do know. Yeah. And, you know, I tell you, Morgan, you know, we get the number out. We're doing free estate planning consoles is again, that's kind of our focus.

We a lot of people who listen to the show need estate planning. And so we it ends up connecting us with a lot of people. And that's why we keep doing it. But, you know, if there's something else you got going on, call us. You know, we talked about franchise law. We talked about business law. We talked about civil litigation. You know, if you got anything like that going on, call us.

Sit down with one of our attorneys. We'll get it figured out for you. You know, if you want to hire us, we'll we'll be here. But if there's something you want us to talk about on the show, like me and Joe are always open to ideas. So if there's a question you have that you want us to talk about on the show, tell us if there's a subject matter that that's interesting to you. You know, we'll we'll talk about it. We'll tell you what we know about it. Maybe it's a lot. Maybe it's not. Well, but we'll talk about it.

You can offer up those suggestions again. Eight hundred six five nine one one eight six. That's eight hundred six five nine eleven eighty six. That'll get you in touch with the program. And again, well, if you need one of those estate planning consults, they are complementary. We have five of them.

They fill up fast. Eight hundred six five nine one one eight six. But if you have just a general legal question, you can also throw that in the hopper and get it answered for you.

Eight hundred six five nine one one eight six. You're listening to Judica County Radio. Your hosts are Josh Whitaker and Joe Hamer, managing partners at Whitaker and Hamer Law Farm. The power behind this program. They're practicing attorneys here in North Carolina and they have put offices almost on every street corner.

Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and Morehead City. Again, if you need some legal help, you can always call Whitaker and Hamer. Eight hundred six five nine one one eight six. That's eight hundred six five nine one one eight six. We're back on the other side. Jurisdiction clause, forum clause and arbitration clause. What are you actually agreeing to?

We'll talk about the clauses. And it has nothing to do with Christmas when we return on Judica County Radio. Judica County Radio, your host, Josh Whitaker and Joe Hamer. They're the managing partners at Whitaker and Hamer Law Firm and Whitaker and Hamer is the power behind this program. And again, Josh and Joe, practicing attorneys here in North Carolina. And they have built this firm.

They have offices in Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia and in Morehead City. I'm Morgan Patrick. We go back and forth on legalese. We also have a lot of fun, which is general discussion.

But we are here. We're serious about helping you out. We have consults available.

There are five complimentary dealing with estate planning this week. Call eight hundred six five nine one one eight six. That's eight hundred six five nine one one eight six. And if you have a general legal question, you can also throw it on that number.

Eight hundred six five nine one one eight six. We'll answer it on a future broadcast. So we've talked about already today getting through the election. A lot of us didn't sleep much on that particular night.

And there's going to be a lot of discussion for weeks, if not months, to come in and around the election. Franchise law. We talked about that. What is a franchise disclosure document and also beneficial ownership information reporting? What is that and do you have to do it? And now we move to jurisdiction clause, forum clause and arbitration clause.

We'll talk about those clauses and what exactly you are agreeing to. But, Josh, take it back. Yeah, before we get there, you know, we did I think we were I think we were as a country, we were up pretty late last night. So I think everybody's pretty tired.

But I expected to come in here. You know, when the night started, when Tuesday night got underway, you know, both any we talked about watching different networks and things like that. But they were all talking about how everybody was lawyered up.

Right. Everybody's worried about election fraud, whether it's right or wrong to worry about it. Everybody's worried about election fraud. So like all these shows mentioned that, you know, Trump's attorneys were ready to go. If somebody was like closing a poll or doing something and and Harris's attorneys were all ready to go. And then the other way, the way the way the election worked out, there was really I mean, maybe we'll find out there's some of that that got, you know. Anyway, I was planning to come in here and talk about election law and use use news from the election as a way to look at, you know, the kind of lawsuits you file, provisional ballots.

What does that mean? You know, but none of that really came up. It was, you know, like it's supposed to be. Right.

It was an orderly election. I don't think I think I think the I think the I think the lack of you know, early on, everyone said it's very close. It's razor thin. And then it ultimately ended up not being that that close. And I think the lack of closeness is probably what helped to prevent that and make it a little bit easier to digest.

I don't know that it's easy to digest for folks because there's some folks that are not digesting it very well. But I think that had something to do with it. But again, man, I go back to if you were looking at each side because I like to I hate it.

Right. Like, I hate I hate the extremes on both ends. But from a pure entertainment perspective, man, if you put them side by side, it's an incredible dichotomy between, you know, it was just amazing to me to see it live. Like, that's what I was doing, man. It's just like going back and forth with every ebb and flow.

And it was nuts, man. There's a clear line. There is a clear division. And that's I mean, it's just like, you know, when I make a comparison to an athletic event, a sporting event, Joe's basketball game where the officiating was suspect. Yeah.

Yeah. You know, it's it's two teams against each other and we're sports fans. And, you know, that's exactly what we have. We have in politics. I mean, it is a battle to the end. And one side is victorious.

The other one is licking their wounds. And, you know, you move on and you start planning for the next time you meet on the battlefield, which is going to be, you know, the voter the voter box, the voter booth coming up in four years. You know, if looking back to the 2020 election, man, and, you know, all this all this prosecution of Trump, all these lawsuits, like if that can happen, why can't we do a similar thing with this referee of this basketball game? You know, that's what I'm thinking. You know, I can't why can't we have some some some some lawsuits filed? I wonder if that's happened. I wonder. I've never seen that.

I wonder if somebody has sued a referee over decision made in a park and rec. Yeah, man. He's nice. He's a nice guy, man.

I don't want him to be. You see, Joe, are you going to start are you going to start videoing? Are you going to start taping all the games? No, man.

My kids have my kids have videoed some of the games. It makes me sad watching myself. I don't like that at all.

The camera. I don't like it. 50 pounds. No, man. You can't you add 50 pounds to me. I'm not fitting on the camera, brother.

That's not a thing. So, yeah, it makes me sad, man. Because because the way I feel in my head when I'm out there moving, that's not how it doesn't translate.

That doesn't translate to film. I'll wait till you start going to some of your high school reunions. Then it's really going to hit you. Yeah.

Yeah. You think you're one way and then you're like, holy cow, you're not. I think I can beat a lot of those people in basketball, though, so I can take some solace of that.

Like none of these show. Why did you bring a basketball? Why did you bring a basketball to go, man? Everywhere I go. You think I'm just checking the ball with people randomly in the gym. They're drinking their drinks and just check ball game on. I need this. I feel like the election was like a 16 hour Super Bowl.

You know, I think that's we should we should make the Super Bowl go for like eight hours because I think people would stay tuned in. You know, well, it was funny, man, because you look you look at both sides. Right. And so there was a lot of optimism on the conservative side. And and there was some pessimism early on on the more liberal side. But there was a lot of people that were that were drawing parallels to 2020 and basically saying, hey, it's the same. It played out this exact same way.

Right. Like there was this early red mirage. Then things flipped overnight. That's what's going to happen.

And so, again, just super fascinating to see, because I didn't really change, man. That rhetoric stayed in line until late in the night, you know, and then gradually it was like, I don't think this is going to go the same way. You know, I like Josh's comparison to a 16 hour Super Bowl, because when you think about it, we could throw we could throw a lot of blame. And I love John Madden, but we could throw a lot of blame on John Madden because John Madden was in the booth and they brought in that telestrator back in the day. And I don't know if you guys remember those early broadcasts where he was drawn all over the screen.

Well, you take a look at what that was and that was entertainment. People love that. And then you transfer that into the political arena and you have all these different networks, left side, right side, right down the middle, wherever you're going. They've all got these guys that are breaking down. They're not just breaking down the states. They're breaking down the counties. And they have a digital board where they can place a pin on one of the counties.

And it brings up the voter disparity. And I'm like, oh, yeah, I mean, it went they went like super deep. Yeah, I like that. I like that. I like that John King guy on CNN because he just dials it up and he's like, she cannot win unless she gets 700 votes out of this county in Colorado.

Perfect. Perfect example last night was looking at the state of Georgia, right? There were like three blue spots, spots in the state of Georgia, and the rest was red. And I was just like Atlanta, maybe a little bit in Gwinnett County.

And then it was just like a bloodletting. I mean, the whole state of Georgia was red except for two or three spots. But they had they had it, you know, parsed out into counties. They could tell you exactly how the voting was going to go.

That one big blue county, Fulton County, was going to be heavy, heavy Democrat. But I'm just sitting there going, this is because of John Madden. This is because of the minds of the NFL that gave us the entertainment. And now it's transferred into our political arena. Speaking of entertainment, I'm not. Yeah, we don't get political in this show. We all have our political leanings. That's not that's not why we're here.

That's not what we're doing. But with Trump winning, I really I want to see Hulk Hogan in charge of something important. I want to see how I want him to be a minister of something, some kind of czar.

I don't care what it is. Just I want him to have a position of authority with people under him, people who have to answer to him and tell him things that he probably won't understand. And I want him in charge of something, not something too important.

It's medium important, right? So we can put him in charge, brother. We can put him in charge of the New York environmental rabies. Yeah.

Life tester people. Yeah. I can just be the new guy, the new czar that.

Yep. We want to remind you, Judica County radio, we have a lot of fun. We talk about the legal topics. We're kind of we're stewing and discussing what you did last night or this past week over the the election coverage.

And obviously the outcome of that election, we are not political, but we do have our leanings. We have an opportunity for you. Five complementary consults. It deals with estate planning this week.

And if you've got questions, you can certainly grab one of the consults. Eight hundred six five nine one one eight six. That's eight hundred six five nine eleven eighty six. You're leaving the checkbook at home. This is a great opportunity to either get rolling on estate planning or at least ask those questions about what's going on with a possible estate plan for yourself.

Eight hundred six five nine one one eight six. All right. Closing thoughts, gentlemen. A great show. I don't know that there's much more to say than that. Like a fantastic show.

Early locations. Maybe one of the best shows ever. We we started we started we started rough, but we were tired. We were tired, man. I was just like a great man. We were tired. This is refreshing to me.

This has been like a breath of fresh air, like a glass of coffee to the face. And I'm ready to go and I'm ready to go out with my basketball and challenge people on the streets. That's what I mean. You should go. You should go challenge people on the streets one on one.

If you win, they have to sit down with you and talk about estate planning. Yeah. For free. What are we what are we doing, man?

Why have we not done that? That's a fantastic promo. Either either that or maybe the phantom three point foul. You know, you just let him shoot a three pointer and you can I could just show him the clip, the clip of the phantom call and like, was this a was this a foul or was this a travel and a double dribble? And then not a foul.

I'm trying to figure out how that worked. You play him one on one. If they beat you, they get a free estate planning console. They're not going to beat me, brother, because I got the ball.

I can choose who I'm throwing it to. If I see somebody if I see somebody that looks like they can beat me. No, man, come on.

I mean, sweet little old ladies. That's what I'm doing, Joe. I think you're athletic, but I think this this method would be exhausting.

But, yeah, maybe maybe it's good cardio, man. Set up a hoop in the parking lot. I like it.

It's going to get me ready for next season. All right. Well, we have another Judica County in the books. Josh Whitaker and Joe Hamer are your host managing partners. Whitaker and Hamer law firm. They're practicing attorneys here in North Carolina. Office is located.

Raleigh, Garner, Cleveland, Clayton, Goldsboro, Fuquay, Verina, Gastonia, and in Morehead City. The five complimentary consults are available for estate planning. You can call 800-659-1186. That's 800-659-1186 for Josh. Joe, I'm Morgan.

We'll see on the radio next week. Judica County is hosted by attorneys licensed to practice law in North Carolina. Some of the guests appearing on this podcast may be licensed North Carolina attorneys. Discussion on this podcast is meant to be general in nature and in no way should the discussion be interpreted as legal advice. Legal advice can only be rendered once an attorney licensed in the state in which you live has the opportunity to discuss the facts of your case with you. The attorneys appearing on this podcast are speaking in generalities about the law in North Carolina and how these laws affect the average North Carolinian. If you have any questions about the content of this show, you can direct such inquiry to Joshua Whitaker at JMW at MWHlaw.lawyer.
Whisper: medium.en / 2024-11-09 14:15:07 / 2024-11-09 14:38:25 / 23

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