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LizBeth

(9,952 posts)
1. Again, I thought we were told less the a week ago Guiliani allowed his law bar to expire and
Thu Nov 19, 2020, 04:23 PM
Nov 2020

has not renewed it so he is not in good standing with the court. Why wasn't he thrown out. Why is he allowed to argue in court, as a lawyer?

LizBeth

(9,952 posts)
4. Ya, I am not sure either, but two threads and no one is answering. Pisses me off these people get to
Thu Nov 19, 2020, 04:27 PM
Nov 2020

get away with everything and we are expected to just, .... Move along.

LizBeth

(9,952 posts)
10. Ok, I found an article that explains it.
Thu Nov 19, 2020, 04:37 PM
Nov 2020
https://lawandcrime.com/2020-election/rudy-giuliani-makes-his-move-asks-judge-to-approve-him-as-trump-campaigns-new-attorney-in-pennsylvania-lawsuit/

But according to the D.C. Bar website, Giuliani’s membership has been administratively suspended for non-payment of dues.

“Pro tip: When your bar membership has been suspended for non-payment of dues, you are *not*, in fact, a ‘member in good standing’ of said bar,” University of Texas law professor Steve Vladeck pointed out on Twitter. “I assume he’s still admitted to practice in New York, so this isn’t about whether he can appear *at all.* But his pro hac application represented that he’s a member in good standing of the D.C. Bar, as well. And, well, that’s … not true.”

Zoe Tillman
@ZoeTillman
Replying to @ZoeTillman
A Rudy Giuliani update: His app to join the Trump case in PA lists bar/court memberships, here's what I've been able to find so far:
- NY: active
- DC: suspended for non-payment
- SDNY: active, per the court
- 2nd Circuit: not active, per the court
- SCOTUS: waiting to hear back

LizBeth

(9,952 posts)
9. From what I understand you have to be barred in the state of the trial. I am not sure where that is.
Thu Nov 19, 2020, 04:31 PM
Nov 2020

But thank you for this information.

nebby70

(471 posts)
5. why Inc,?
Thu Nov 19, 2020, 04:27 PM
Nov 2020

... not very business savvy, but does having the entity of Inc somehow allow you to shelter your cash or something?

Mike 03

(16,616 posts)
13. Maybe. It depends what you call yourself. I know if you are
Thu Nov 19, 2020, 04:45 PM
Nov 2020

a "Limited Liability Company" you can do certain things, like shield partners from lawsuits while still making dispensations and receive certain tax breaks, so I believe it could be true of incorporations too.

Dread Pirate Roberts

(1,896 posts)
8. The first thing that stood out to me when I saw the pleadings.
Thu Nov 19, 2020, 04:31 PM
Nov 2020

Took note of it when the filing happened: https://democraticunderground.com/?com=view_post&forum=1002&pid=14569882

There's something not quite right here. Donald Trump for President, Inc.? Does a campaign incorporate? Are there shareholders? Is it for profit? Non-profit? A board of directors? By-laws? Was Donald Trump for President Inc. the candidate? (my guess is "no" to all of the above). This is just really funky. Or bad lawyering. They are not mutually exclusive. It can be both.

Mike 03

(16,616 posts)
14. FWIW: "Benefits of Incorporating" - limits personal liability?
Thu Nov 19, 2020, 04:49 PM
Nov 2020
https://www.calcpa.org/public-resources/ask-a-cpa/small-business-entity-structure/entity-choice/five-advantages-to-incorporating-your-business

Five Advantages to Incorporating Your Business
Owning a small business can be a risky venture. One way to limit your personal liability is by incorporating your business, reports the California Society of CPAs (www.calcpa.org). While incorporation requires more paperwork and expense than a sole proprietorship or a partnership, it offers important legal and tax advantages.
1. Protect Your Personal Assets
Incorporating your business is one of the best ways you can protect your personal assets. A corporation can own property, carry on business, incur liabilities, and sue or be sued.

As a separate legal entity, a corporation is responsible for its own debts. That means creditors of a corporation generally can seek payment only from the assets of the corporation -- and not from the personal assets of shareholders, directors and officers. In effect, that means business owners can conduct business without risking their homes, cars, savings, or other personal property. Owners of a sole proprietorship or partnership, on the other hand, face unlimited liability for both business and personal assets.

2. Have Easier Access to Capital
Raising capital is generally easier for a corporation, since a corporation can issue shares of stock. This may make it easier for your business to grow and develop. If you’re in the market for a bank loan, that’s another reason to incorporate. In most cases, banks would rather lend money to corporations than to unincorporated business ventures. Corporations generally have access to more alternative sources of capital through which they can pay off their debts.

3. Enhance Your Business’ Credibility
The benefits of incorporating go beyond finances. Suppliers, customers and business associates often perceive corporations as being more stable than unincorporated businesses. In a sense, having “Inc.” or “Corp.” after your business name conveys permanence, credibility, and stability, and communicates your commitment to the ongoing success of your business venture.

4. Perpetual Existence
Corporations are the most enduring legal business structure. A corporation can continue indefinitely, regardless of what happens to its individual directors, officers, managers, or shareholders. This means that by incorporating your business, you may be able to avoid the legal entanglements that could result with other business structures.

5. Gain Anonymity
A corporation can offer anonymity to its owners. If you want to open a small business and don’t want your involvement to be public knowledge, your best choice may be to incorporate.




Response to Mike 03 (Reply #14)

Mike 03

(16,616 posts)
15. Following up from last post:
Thu Nov 19, 2020, 04:52 PM
Nov 2020

So in theory, this incorporated entity could be broke, but plaintiffs could not go after Donald Trump personally for payment.

Latest Discussions»General Discussion»Donald J. Trump, Inc.?