On June 10, 2019, the New Jersey State Assembly passed legislation, A-1677, which would suspend penalties for businesses that make certain paperwork violations of state laws.
The widely publicized phase-out of the London Inter-bank Offered Rate (commonly referred to as LIBOR) has been cast as the most significant challenge facing global finance over the next several years. The Financial Conduct Authority’s (“FCA”) decision to end its oversight of LIBOR virtually guarantees LIBOR’s demise by the end of 2021.
It is generally thought that backdating an agreement is done with an intent to deceive. However, backdating documents is practical in certain instances where the parties made an agreement on a certain date but were unable to memorialize that understanding in writing on that date.
On April 9, 2019, the New Jersey Economic Development Authority (NJEDA) authorized the creation of a revised Brownfields Loan Program (the "Program") to provide low-interest financing to borrowers in an effort to facilitate remediation of vacant or underdeveloped brownfields sites and return such sites to full and productive use, particularly in the under-served communities within the State. The Program is an expansion of the NJEDA's existing Brownfields Loan Program.
Last month the New Jersey Economic Development Authority (NJEDA) announced that it would begin taking applications for tax credits through New Jersey's Offshore Wind Tax Credit Program (the "Program") from businesses that make a capital investment of at least $50 million dollars in certain qualified offshore wind facilities within Burlington, Camden, Gloucester, Salem, Cumberland, Mercer or Cape May counties.
The primary benefit of using a corporate entity to conduct business is the limited liability protection afforded to its owners. Corporations, limited liability companies, and other such entities are recognized as legally distinct and separate from their owner(s). As a result, the owner’s personal assets are shielded from any liability for the entity’s debts. This principle applies equally whether in the context of a parent company using a subsidiary entity for a particular venture or in the case of an individual using an entity to operate a new business.
On February 19, 2019, the New Jersey Economic Development Authority ("NJEDA") announced the expansion of the existing Business Lease Incentive Program (commonly known as the "BLI Program").
On February 4, 2019, Governor Phil Murphy signed legislation to increase New Jersey’s hourly minimum wage rate from $8 to $15 (“A-15”). A discussion of key provisions of A-15 can be found here.
In addition to increasing the minimum wage, A-15 allows employers (“Employer”) who employ persons with impairments to receive up to $10 million in tax credits (“Tax Credits”) to offset the cost to an Employer of any increases in wages and payroll taxes for an impaired employee as a result of A-15.
In accordance with an agreement reached between the Governor and legislative leaders earlier this month, the New Jersey Legislature approved legislation, A-15 (the “Bill”), on January 31, 2019 to increase the state hourly minimum wage requirement from $8.85 to $15 over a five (5) year period. The Governor is expected to sign the Bill into law on Monday, February 4, 2019.
In accordance with the Supreme Court’s ruling, the Pennsylvania Department of Revenue (“DOR”) recently issued a new rule stating that a substantial economic nexus satisfies the Pennsylvania Tax Reform Code’s definition of “maintaining a place of business in Pennsylvania,” thereby requiring out-of-state sellers to collect and remit Pennsylvania’s sales tax (the “Nexus Rules”).