Business Law

Our practice of Business Law includes, but is not limited to:

New Business Formation

Small businesses often need legal assistance in the initial stages of setting up the business.  Many people starting a new business are surprised (if not shocked) at the amount of paperwork and tasks that have to be completed.  In addition, small to medium size businesses often need help with ongoing legal issues.  These issues may include:  employment, limiting liability, government regulation, drafting contracts, and negotiating agreements.  We frequently help new and established business owners with the following:

      - Franchise and Lease Agreements,

      - Buy / Sell Agreements,

      - Stockholder and Owner Disputes,

      - Business Agreements and Contracts,

      - Business Name Searches and Registrations,

      - S-Status Registration with the IRS,

      - Stockholder Agreements and Operating Agreements,

      - Articles or Incorporation and Articles or Organization,

      - Corporate By-Laws and Stock Distributions,

      - Partnership Agreements,

      - Non-Profit Organizations,

      - Website Registration and Vendor Contracts,

      - Enforcement of Contracts and Agreements, and

      - Employee, Hiring, Insurance, and Benefit Issues.

Probably so.  However, this will ultimately depend on the following:

      - The type of business you are starting (Service, Real Estate, Franchise, Etc.);

      - How you plan to raise capital;

      - The number of owners or shareholders the business will have;

      - The requirements of your vendors, partners, or customers; and

      - The short and long term needs of your business.

If you operate as a sole proprietorship or a general partnership, this will expose all of your personal assets at risk for business debts or lawsuits.  Therefore, it is usually recommended that the business be incorporated or a limited liability company (LLC) be formed.  A corporation and an LLC, both offer the benefit of limited liability protection.

Limited liability means that you, as the owner of the business, are not personally liable for the debts or obligations of the business.  Choosing to incorporate or form an LLC can be very important.  Choosing the correct business formation can protect you from the risk of losing your home or other assets because of a business debt, lawsuit or other claim against your business.

It is important to remember that you must properly separate your business operations from your personal finances, and also follow other legal rules, in order to ensure that you keep your limited liability protection.  These issues are reviewed with all clients who are forming new businesses.

It depends on the type of business you have.  There may be tax advantages to choosing one over the other, but we would need to meet with you and understand the details of your business in order to advise you on this question.  You can get the benefits of limited liability protection with both a corporation and a limited liability company (LLC)

An "S Corporation" is a regular corporation that has filed an election with the Internal Revenue Service to be taxed as a partnership.  By making this election, a business owner can enjoy the limited liability protection of the corporate form, together with the pass-through tax advantages of a partnership.  Depending on your business needs, forming an S Corporation might be the best option for your business.

A "C Corporation" is a regular corporation. In other words, a corporation that has not filed an "S" election with the Internal Revenue Service.  Depending on your business needs, forming a C Corporation might be the best option for your business.

LLC is an abbreviation for "Limited Liability Company."  This is a relatively new type of business organization, that combines the characteristics of a partnership and a corporation.  LLCs have become very popular for small businesses.  Depending on your business needs, forming an LLC might be the best option for your business.