Shawn Lindsay

Effective 2024 New Oregon Legislation:

On Monday, January 1, 2024, HB 2029 became effective, amending Oregon Revised Statute 205.232 changing the minimum font size for recorded documents from 8-point type to 10-point type.

Business owners: The Corporate Transparency Act (“CTA”) establishes a beneficial ownership reporting requirement for corporations, limited liability companies, and other similar entities formed or registered to do business in the United States.

Existing businesses must report within one year (prior to January 1, 2025). New businesses formed or registered on or after January 1, 2024, must report within 30 days of creation or registration.

The CTA provides that willfully reporting or attempting to report false or fraudulent beneficial ownership, or willfully failing to make updates to the data shall be punished with a civil penalty up to $500/day while the violation continues, up to $10,000 and up to two years in prison.

Please click here for more information: https://sos.oregon.gov/business/Pages/corporate-transparency-act.aspx

Oregon Secretary of State The Oregon Secretary of State works to maximize voter participation, is a watchdog for public spending, makes it easier to do business in Oregon, and preserves and promotes Oregon history.

Like 501c3s, c4s are generally exempt from paying income tax. Further, c4s can do extensive lobbying and some political campaigning. Although c4s are exempt from paying income tax, donations to c4s do not qualify as charitable deductions for the donor.

Honored to vote for honest agents of change for the better. , Christine Drazan, Carolina for Oregon, Joe Everton for Oregon House of Representatives,

Oregon Friends, I invite you to vote . It would accomplish nothing except harm law abiding and honest firearm owners. Facts:

(1) Would establish nonexistent permit system to apply for and receive permit to purchase firearm;

(2) To qualify for a permit, have to undergo ADDITIONAL background check with photography and fingerprinting (Oregon State Police already performs background checks for each purchase), plus pay $65 fee for the permit;

(3) Would create a searchable database of all permit holders;

(4) To qualify for permit, must show proof of "approved" firearm safety course that includes live fire component (there is no system in place for such courses that include live-fire components);

(5) Would go into effect 12/31/22. OSP does not anticipate being able to issue such permits until 2024, effectively ending firearm purchases in the state until then;

(6) Anyone owning magazines that can hold over 10 rounds would need to turn them in to law enforcement within 180 days of effective date;

(7) Unfunded mandate that would cost State $15.4mm and Local Government $51.2mm.

This is not just "tightening gun laws." Full Text of Measure:

sos.oregon.gov

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Friends, ballots are now in your hands and due by May 17. I invite you to support and vote for Gubernatorial candidate Christine Drazan, Oregon Senate candidate Carolina for Oregon, and State House candidate Joe Everton for Oregon House of Representatives. Each is more than qualified and will take Oregon in a better direction.

Pleased to have hosted leading Oregon gubernatorial candidate Christine Drazan last night. She boosted our morale and I hope our crowd boosted her's with contributions. Oregon is a closed primary. If you are a non affiliated voter and want to vote in the Republican primary, you must change your registration no later than today (4/26) by clicking here: OregonVotes.gov

An accurate SOTU address from Governor Kim Reynolds:

State of the Union Response Governor Reynolds State of the Union Response

Digital Wills are a smart legal move: https://www.deseret.com/2022/1/4/22867250/its-a-new-year-make-sure-your-online-life-is-in-good-hands-digital-will-social-media

It’s a new year. Make sure your online life is in good hands TikTok, Facebook, Instagram and Twitter offer ways to take care of your online data after you pass.

We are pleased Our New Colleagues Joined Us in 2021! -https://mailchi.mp/f405009503ae/w9uoe6yxf4-13487279

HSD Families: Did you know that only ~20% of voters will turn in their ballots for this Hillsboro School Board election? Many simply forget about their ballots in their mail piles or car dashboards. This is a great opportunity to make meaningful change in favor of all students and all families. Please encourage all to turn in their ballots by TOMORROW (5/18). Click below to find a ballot box. And, of course, please vote for Mary Phelps for Hillsboro School Board, Ben Wolfe for Hillsboro School Board, Elect Monique Ward for Hillsboro School Board, Joe Everton for Hillsboro School Board

🚨 1 DAY: Folks, please help us elect new voices to the Hillsboro School Board. Check with your neighbors, deliver their ballots for them, do anything you can to help SAVE OUR STUDENTS! Our kids have gone through enough, it’s time for change.

⛔️ DEADLINE to get ballots in is Tuesday (tomorrow) at 8pm! BALLOTS can no longer be mailed and will need to be dropped off at the nearest dropoff location. To find the location nearest to you, visit: https://sos.oregon.gov/voting/Pages/drop-box-locator.aspx

☑️ ELECT THESE CANDIDATES TO THE HILLSBORO SCHOOL BOARD (WE NEED ALL FOUR)

✅ Monique Ward
✅ Joe Everton
✅ Mary Phelps
✅ Ben Wolfe

✏️ To learn more about our candidates, please visit: www.communitiesforsensibleschools.org

I personally know each of these Hillsboro School Board candidates. You cannot find more qualified candidates. Ballots will arrive in your mail this weekend. Please vote for them and ask all your friends to vote for them . . . and get your ballots in this weekend. Mary Phelps for Hillsboro School Board, Ben Wolfe for Hillsboro School Board, Elect Monique Ward for Hillsboro School Board, Joe Everton for Hillsboro School Board, Communities For Sensible Schools

Dear Hillsboro friends, want a little less Crazy . . . and a lot more Sense at our schools? I encourage you to follow and support these excellent candidates. Election Day is 5/18/21.

Home - Communities for Sensible Schools Communities for Sensible Schools Learn More Help us support candidates for the Hillsboro School Board election in May 2021 that will move us toward more sensible schools. Stay Connected Newsletter Sign Up First name Last name Your email OUR CANDIDATES Monique Ward A good education is critical to fut...

Welcoming our new colleague Dan!

“But the companies are private and can do what they want . . .” In Marsh v. Alabama, the U.S. Supreme Court ruled that a privately owned town couldn’t restrict the distribution of religious materials (a First Amendment right) because the company was a “de facto government.” Tech firms that dominate the flow of information in the U.S. and censor at the behest of the powerful in government are subject to First Amendment scrutiny. The banning of competition is also subject to antitrust laws.

Can a person with vote? If a resident, a U.S. Citizen, at least 18 years old, and has capacity, YES. The person may also receive help registering to vote or voting from a friend, family member, or other trusted person. Under most state laws the intellectually-disabled person CANNOT receive help from his/her employer or a union officer. The helper CANNOT coerce, persuade, attempt to influence, or even wear/display anything indicating the helper's preference. Local county election offices also provide assistance.

Requesting public records from the government is an American hallmark. What are your options if a government agency denies your request? Most states have similar laws. If an Oregon state agency, you may file an appeal to the Oregon Attorney General via a petition for public records order. If a local agency, your appeal must be to the county District Attorney. Alternatively, you may file a lawsuit challenging the denial directly with the applicable County Court. Such suits take preferential docketing over other suits and the court may award the petitioner costs and attorney fees, in addition to ordering the agency to produce the requested records.

In a contract dispute, evidence of the "course of dealing" is admissible in order to interpret ambiguities in the contract. For example, if the disputing parties later disagree as to whether bonus payments are discretionary, look at the past transaction pattern to see how the bonus payments were historically paid. That "course of dealing" will be decisive.

In Oregon, every ballot envelope has a unique barcode so voters can track their ballot at the link below. At that link, you can also (a) check if you are registered to vote, (b) view/update your voter registration information, (c) find a ballot drop site.

Welcome to ORESTAR !

An asset purchase is generally preferable to a stock purchase when purchasing a business. But there are reasons to prefer a stock purchase. For example, a stock purchase means nothing has to be retitled. It also means that the seller doesn’t have to rewrite contracts and get consent from their customers; the existing contracts simply go along with the sale.

Owners of limited liability companies are called "members" instead of "shareholders" or "partners." They file "Articles of Organization" instead of "Articles of Incorporation." If LLCs are owned by a single member, for tax purposes, they are considered "disregarded entities." Thus, if you are the single member of an LLC or many LLCs, those LLCs would be disregarded, with no need to file their own tax returns. Instead, the taxable activities for those LLCs would be reported on the tax return of the single member.

An "easement" is a nonpossessory express right to use and/or enter onto the real property of another. A "prescriptive easement" may be established WITHOUT express granting if someone (1) actually uses the property in a manner that has been (2) open and notorious, (3) exclusive, (4) adverse to the original owner, and (5) continuous (6) for the statutory period of 10 years. So, attention property owners, YOU have the legal burden to protect your property against a trespasser trying to establish a prescriptive easement. Best ways to do so once you become aware: (a) give written and revocable permission; (b) negotiate an express easement; (c) if all else fails, file a quiet title lawsuit.

What to do if an employee tests positive for COVID-19? CDC recommends that the employee be out of the workplace until the later of (a) 14 days from the positive test, or (b) 3 days without symptoms and 10 days from the positive test. Employers should also remove from the workplace any other employees who were “exposed” to that employee, which means they spent at least 15 minutes within 6 feet of that employee within the 10 days prior to the positive test. These "exposed" employees should be out of the workplace until 10 days from the date of exposure, assuming no symptoms have shown up in the meantime. These requirements are part of your employer duty under OSHA to provide a safe and healthy workplace.

As to employees who have been removed from the workplace, employers are required to pay them up to 80 hours (2 weeks) at their regular rate of pay under the Families First Coronavirus Response Act that Congress passed back in March. This requirement applies to employers with under 500 employees. Said employers are entitled to an immediate 100% payroll tax credit for the wages paid to employees on COVID-19-related leave (see below link).

Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave | Internal Revenue Service IR-2020-57, March 20, 2020 — Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse the...

Public bodies must respond to public records requests in Oregon “as soon as practicable and without unreasonable delay.” They must also acknowledge receipt within five days (unless the request is fulfilled before then). How quickly the body should be able to complete a request under this standard depends on various factors, including the specificity of the request, the volume of records requested, the amount of exempt material, and the ease in determining whether any of the records are exempt from disclosure. So there's a variable. BUT the law also establishes a baseline “expectation” that public bodies will need to complete their responses no later than 15 business days after receiving the request.

A few weeks ago, I posted how airlines, under U.S. law, owe you a refund if they cancel (or substantively change) your flight. But what if they haven't canceled your flight yet and you don't want to take the flight? Whoever blinks last wins. If the airline cancels your flight, you’re owed a cash refund. If you cancel your ticket (and the flight is still scheduled to go), you’re owed a travel voucher. So wait as long as possible to cancel.

Remember U.S. law says you’re owed a cash refund if the airline cancels your flight OR makes a “significant schedule change.” What's "significant"? A change of 2+ hours or switching you from a nonstop to a connecting flight is a good rule of thumb.

Companies often have different classes of stock (or membership units for LLCs). The most common reason for this is the company wants voting power to remain with a certain group; hence, different classes of shares are given different voting rights. For example, one class of shares would be held by a select group who are given ten votes per share while a second class would be issued to the majority of investors who are given one vote per share.

Trademarks that are "merely descriptive" are, generally, not registrable. However, if the descriptive mark has acquired distinctiveness, it can be. Evidence of acquired distinctiveness includes a claim of at least five years of substantially continuous and exlusive use.

Are you entitled to flight refunds (vs. vouchers) for cancelled flights? Yes. The USDOT issued an "Enforcement Notice" clarifying, in the context of CV-19, that U.S. and foreign airlines remain obligated to provide prompt refunds to passengers for flights to, within, or from the U.S. when the carrier cancels the passenger’s scheduled flight or makes a "significant schedule change" (open to interpretation) and the passenger chooses not to accept the alternative offered by the carrier. The obligation of airlines to provide refunds, including the ticket price and any optional fee charged for services a passenger is unable to use, does not cease when the flight disruptions are outside of the carrier’s control (i.e., CV-19). If airlines don't cooperate, you can file a complaint here: https://airconsumer.dot.gov/escomplaint/ConsumerForm.cfm. Be careful with voluntary cancellations, b/c you'd be limited to vouchers.

Air Travel Complaint - Comment Form A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a curre...

Oregon-governor-appointed judge invalidates Oregon-governor's "stay-at-home order." Here's the order. Judge said governor exceeded her authority by restricting activities for longer than the 28 days the governor is authorized under a state law related to public health emergencies.

Baker County Judge overturns Governor's coronavirus executive orders By Jayson Jacoby