Showing posts with label Requirements. Show all posts
Showing posts with label Requirements. Show all posts

Friday, September 3, 2010

Montana Marriage License Requirements

Do you know how to apply and obtain a marriage license in the state of Montana? Some do, most do not. That is not a problem it is all about preparation. Just like anything you should always research it. Well that is what you are doing right now if you are reading this article, research. Below I have outlined the latest laws and restrictions for obtaining and applying for a marriage license in the state of Montana.

You will need government issued picture identification and your birth certificate.

You do not have to reside in the state of Montana to apply and obtain a marriage license.

If you are divorced you will need to supply your divorce decree.

Both the bride and the groom must be present when applying for marriage license. If the couple are not residents of Montana then the couple must apply in the county in which the marriage will take place. If one member of the couple is a non resident they can be sworn to or affirmed to the county and state in which they reside.

You do not have to wait for your marriage license unless you are under the age of 18.

The cost of the marriage license is $30.25 to be paid by cash only.

The bride must take a blood test for rubella.

If you are between the ages of sixteen and seventeen then you must have the consent of the custody parents. Also if you when you are between 16-17 you are required to attend together at least two counseling sessions ten days apart. The counselor will have to report to the court about what they think about you getting married.

No one under the age of 15 is allowed to marry in the state of Montana.

Montana does grant Solemnization Authority to the following a clergyman or clergywoman, a Circuit Court or Associate Circuit Court judge, A religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organizations regulations and customs.

Then within the 90 days after the solemnization of the marriage has taken place the person who performed the marriage must complete the marriage certificate and return it to the Recorder.

Their are proxy marriages in the state of Montana.

Any minister of the gospel may perform marriages.

The marriage license if valid for six months and must be used in the state of Montana only.

These are the latest laws and regulations for applying and obtaining a marriage license in the state of Montana. I strongly suggest that you call your local city or county clerk to confirm the information above.

Tuesday, June 15, 2010

Bankruptcy Requirements Help

Bankruptcy Requirements

New Bankruptcy Laws

As a result of new bankruptcy legislation that went into effect as of October or 2005, the process of filing has become a more challenging task for both the bankruptcy attorney and the debtor. Granted, this is just one side of the equation but the bottom line is that this shift was implemented in order to benefit the debtor. The amount of documentation which is now required for filing has increased dramatically. Additional information detailing any and all information regarding expenses and income is now required.

Other stipulations are that "special circumstance documents" must be included if a person's expenses exceed what the IRS would normally allow. The reason behind these excessive expenses must be proven. Additionally, you must now file what is called a "statement of accuracy" which verifies that your information is accurate and truthful as well. Keep in mind that this new legislation has created additional challenges for the bankruptcy attorney also.

Attorney Responsibilities

Bankruptcy attorneys now have greater responsibilities to ensure that all of their client's documentation is accurate and honest. They must certify that all documentation has been thoroughly inspected and that the particular filing is not abusive according to Bankruptcy Court standards. They must also certify that these proceedings are completely acceptable and fall within the parameters of these new laws. Additionally, they must verify that any arguments for extensions or modifications are done in good faith.

The premise underlying these new Bankruptcy requirements

What a person needs to realize is that the main reason for this new legislation was to decrease the number of bankruptcy filings. Debtors are now required to attend debt counseling sessions from an approved and licensed debt counseling organization and they must do so within 6 months of filing the petition. The benefit of this type of counseling is that unknowledgeable individuals are given viable options to filing bankruptcy, which needs to be considered as a last resort anyway.

These counseling sessions also ensure that the individual receives accurate information and is not misguided into making an uninformed decision about filing a bankruptcy petition. This is also a new responsibility of the bankruptcy attorney which they have to attest to although it is a simple matter of the attorney answering the judge's question of "have you or have you not verified this to be factual and true?"

Additional Bankruptcy requirements

Older laws relative to the filing of a bankruptcy petition allowed the individual to choose the type of bankruptcy that was best suited to accommodate their needs. This is no longer the case, especially where Chapter 7 filings are concerned (65% of current filings in the US) as the new legislation specifically targets the reduction in the amount of these filings.

Sunday, May 23, 2010

MO LLC - 7 Major Requirements For a Missouri LLC Formation

In Missouri, the MO LLC is now the most popular choice among entrepreneurs starting businesses in the state. Over 30,000 limited liability companies are formed each year in this state.

Now, many attempt to form one only to find out that their filing is defective in some way because it does not meet the requirements of the Missouri Limited Liability Company Act. Even worse, others might be able to get a filing processed by the state but find out later there was something incomplete or noncompliant with MO LLC legal requirements.

You want to avoid any of these problems as they can cause you significant liability and problems later in your business life. This Article summarizes the 7 requirements for an LLC formation filing under Missouri LLC laws.

1. MISSOURI LLC NAME REQUIREMENTS

Section 347 sets forth specific requirement for a MO LLC name. For one it must include an LLC designation at the end and two it must be distinguishable from other names of record with the state. Always perform a name search prior to submitting a filing.

2. PURPOSE OF MO LLC, Section 347.039(2) of the Act

The formation documents must include a statement setting forth the LLC's purpose. Missouri state does allow you to use a general statement provision and accepts a standard language provision here. It is advised for most business to keep this purpose broad so as not to limit the authority of your business as it grows and evolves.

3. REGISTERED AGENT AND ADDRESS, Section 347.030 of the Act

The Missouri Limited Liability Company Act mandates that every registered entity have an officially designated registered agent and address. The registered agent can be a person with a permanent Missouri address, a domestic legal entity formed in the state or a foreign business that is properly registered in the state. This address can be different from the company's principal office address.

4. MANAGEMENT, Section 347.039(4)

A MO LLC is member managed by default. If you desire for your limited liability company to be manager managed, this must be disclosed in the formation filing documents.

5. DURATION, Section 347.037

Duration used to be a sensitive matter due to tax reasons. But since 1997, the IRS made limited liability corporation taxation more simple and most states including Missouri now allow for this kind of legal entity to have a perpetual life. Missouri requirements do require a certain statement of duration in the documents on record with the state.

6. ORGANIZER

In Missouri, the name and address of the organizer is required to be set forth on the MO LLC filing documents. This is a unique requirement not imposed by most other states.

7. EFFECTIVE DATE

Finally, the Missouri Limited Liability Company Act requires that a stated effective date for the legal entity be included in the filing. Most choose the same day the documents are processed but you can choose a date in the future as long as it is no longer than 90 days out from the filing submission date. Section 347.037.

Thursday, May 6, 2010

Missouri Marriage License Requirements

Your husband has just proposed to you and you could not be happier. This is how it all begins usually. Now the planning has come so do not forget the most important document of the wedding, the marriage license. So if you live in the state of Missouri below I have listed the laws and restrictions for applying and obtaining a marriage license.

You will need government issued picture identification and social security card.

You do not have to be a reside in the state of Missouri to apply and obtain a marriage license.

If you have been married before you must provide the date in which the marriage ended. If you have recently divorced you must wait 30 days before applying for a marriage license.

The couple must apply together.

The waiting period is three days but can be waived by a judge.

You must pay $50.00 cash only and if you are under 18 then you will pay $1.00 for each parental consent form.

Their are no blood tests required.

If you are the age of 16-17 you must have parental consent.

If you are 15 and younger you must have parental consent and the approval of a judge.

The following people have Solemnization Authority. A clergyman or clergywoman, A Circuit Court or Associate Circuit Court judge and a religious society, institution or organization in Missouri of which either marriage party is a member, in accordance with the organization's regulations and customs.

Their are no common law marriages. Although Missouri recognized common law marriages before 1921 and common law marriages recognized in other states.

Their are no cousin marriages.

Their are proxy marriages.

The marriage license is valid for 30 days and can only be used in the state of Missouri.

These are the latest laws and regulations for applying and obtaining a marriage license in the state of Missouri. I suggest that you call your local clerk to confirm the information above.