An SMLLC Conundrum: Disregarded for Federal Tax Purposes but Not in Federal Court

In Federal Court, the only member of a SMLLC may not represent the SMLLC unless that owner is also a lawyer. To do so exposes the SMLLC to dismissal as well as the owner to the unauthorized practice of law. The article explores the implications of these rules to small closely held LLCs

Charging Orders and the New Uniform Limited Partnership Act: Dispelling the Rumors of Disaster

Last year, an article published in this magazine focused on the charging order as the Exclusive Remedy Against a Partnership Interest and announced the [s]hocking [r]evelation that ULPA (2001)--the new Uniform Limited Partnership Act--undermines the exclusive remedy limitation on charging orders. The authors asserted categorically that, from an asset protection perspective, the 2001 Act is considerably less protective of a partner\u27s partnership interest than the 1976 Act. Elizabeth M. Schurig & Amy P. Jetel, A Charging Order Is the Exclusive Remedy Against a Partnership Interest: Fact or Fiction?, Prob. & Prop. 57, 58 (Nov./Dec. 2003). As this article will show, the rumors of disaster are unfounded, and ULPA (2001)\u27s provisions on charging orders are nothing to be feared. To support this calming assertion, this article will explain: (1) the history and purpose of the charging order remedy, (2) the consequences of charging order foreclosure (including the possibility of redemption), and, most importantly from a practical perspective, (3) the current state of the law governing charging orders, foreclosure, and limited partnerships. Like the November/December article, this article leaves aside the separate issues that arise when secured creditors exercise rights and remedies under UCC Article 9

Uniqueness and non-uniqueness of static vacuum black holes in higher dimensions

We prove the uniqueness theorem for asymptotically flat static vacuum black hole solutions in higher dimensional space-times. We also construct infinitely many non-asymptotically flat regular static black holes on the same spacetime manifold with the same spherical topology.Comment: to appear in Progress of Theoretical Physics Supplement No. 14