Attorney Alger Participates in ALI-ABA Corporate Forum on Growing Businesses

Attorney Rosh D. Alger, Chair of the Tom Bolt & Associates, PC Corporate and Tax Practice Group recently returned from Pasadena, California where he attended the ALI-ABA Forum on "Representing the Growing Business:  Tax, Corporate, Securities, and Accounting Issues."

In recapping the the three day seminar, Alger noted that during the forum, a panel of seven tax and corporate law specialists voted, under a certain fact pattern for a growing business model, to choose the LLC structure.  When asked why, six out of seven panelists who voted in favor of the LLC said that they appreciate the flexibility of the LLC.

 

 

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Supreme Court Case Affects Virgin Islands Businesses

 Yesterday, in its last business decision of the term, the Supreme Court overruled a nearly century-old rule treating resale price maintenance agreements as per se violations of the antitrust laws. In Leegin Creative Leather Products, Inc., v. PSKS, Inc., a 5-4 decision written by Justice Kennedy, the Court ruled that minimum resale price maintenance agreements—agreements between manufacturers and distributors to resell a product at or above a set price—will now be examined under the “rule of reason,” a method of analysis that weighs procompetitive benefits against anticompetitive effects. In reaching this result, the Court expressly overruled its 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons.

"This new ruling could have a tremendous impact on Virgin Islands businesses particularly in the liquor and cosmetics industry."  Tom Bolt, Managing Attorney at Tom Bolt & Associates, P.C. noted.  "Many manufacturers have controlled enforced strict pricing of products in the liquor and cosmetics that are widely sold in the United States Virgin Islands and has been the subject to a subtantial amount of litigation.  With the Leegin decision, these pricing controls will need to be reviewed."

 

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VI Banking Board Approves New Bank

The Virgin Islands business community is about to get its first locally owned and operated commercial bank providing local decision making and responsive service from its headquarters on St. Thomas.

In action before the Virgin Islands Banking Board earlier today, licensing was approved for Merchants Commercial Bank which had submitted final documentation to the Division of Banking and Insurance to obtain a Virgin Islands banking license after having completed all requirements to obtain FDIC insurance from the Federal Deposit Insurance Corporation.

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Virgin Islands Newest Bank Achieves Capitalization

Merchants Commercial Bank, the newest bank in the Virgin Islands, recently achieved is capitalization as required by the FDIC and anticipates opening its doors in late October.  The bank which is lead by island banking stalwart Jim Crites has secured offices in Port of Sale Mall in Havensight  on St. Thomas and will concentrate its business activity in business and commercial loans.  Merchants will be the only locally governed financial institution in the District of St. Thomas-St. John. 

Virgin Islands consumers have grown frustrated at lack of commercial loan capacity in the United States Virgin Islands capital city.  .Merchants joins St. Croix based Bank of St. Croix and Virgin Islands Community Bank as the only Virgin Islands chartered banks.

Choosing the Right Virgin Islands Business Entity

Choosing the right entity for your small business is a critical decision, both professionally and personally, but understanding and evaluation the nuances of each business type can be daunting. To begin, tackling the process, consider two primary issues that often control the entity selection process: potential personal liability of the business owner and tax consequences to the business owner.

Five business entities are commonly used by today’s small-business owners, including the sole proprietorship, partnership, C corporation, Subchapter S corporation and the limited liability company. Each of these entities has its benefits and drawbacks that, when evaluated in light of liability and taxation issues, will guide you in choosing the right entity for your needs.

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