Business Formation
Our law firm provides comprehensive legal services for businesses of all sizes, from startups to established companies, regarding business formation and related matters. We understand that choosing the right business structure and navigating the legal requirements for formation is crucial for long-term success. We offer guidance and support throughout the entire process, including:
Choosing the Right Business Structure:
We help you determine the most appropriate business structure for your needs, considering factors such as liability, taxation, administrative burden, and future growth plans. We explain the advantages and disadvantages of each option, including:
- Sole Proprietorship: A simple structure where the business is owned and run by one person, with no legal distinction between the owner and the business.
- Partnership: A business owned by two or more individuals who share in the profits or losses of the business. Different types of partnerships exist, such as general partnerships, limited partnerships, and limited liability partnerships.
- Limited Liability Company (LLC): A hybrid structure that offers the liability protection of a corporation while maintaining the pass-through taxation of a partnership or sole proprietorship.
- Corporation (C-Corp and S-Corp): A separate legal entity from its owners, offering strong liability protection. C-Corps are subject to double taxation (corporate level and shareholder level), while S-Corps offer pass-through taxation.
Formation Process:
Once you've chosen a business structure, we guide you through the formation process, which typically involves:
- Name Availability Search: We conduct a search to ensure the desired business name is available and not already in use.
- Drafting and Filing Formation Documents: We prepare and file the necessary formation documents with the appropriate state agency, such as the Articles of Incorporation (for corporations) or Articles of Organization (for LLCs).
- Obtaining an Employer Identification Number (EIN): We assist you in obtaining an EIN from the IRS, which is required for most businesses for tax purposes.
- Drafting Operating Agreements or Bylaws: We draft operating agreements (for LLCs) or bylaws (for corporations) that govern the internal operations of the business, outlining the roles and responsibilities of members or shareholders, decision-making processes, and other important matters.
- Registering with State and Local Agencies: We help you register your business with the relevant state and local agencies, ensuring compliance with all applicable regulations.
- Obtaining Necessary Licenses and Permits: We assist you in obtaining any necessary licenses and permits required to operate your business in your specific industry and location.
Post-Formation Matters:
Our services extend beyond the initial formation process to include:
- Corporate Governance: We advise on corporate governance matters, including board meetings, shareholder meetings, and record-keeping requirements.
- Contract Drafting and Review: We assist with drafting and reviewing contracts related to your business operations.
- Intellectual Property Protection: We advise on protecting your intellectual property, such as trademarks, copyrights, and patents.
- Employment Law Compliance: We assist with employment law compliance, including hiring practices, wage and hour laws, and employee benefits.
- Tax Planning: We can coordinate with tax professionals to develop a tax strategy that minimizes your tax liability.
Ongoing Legal Counsel:
We provide ongoing legal counsel to our business clients, helping them navigate the legal challenges of running a business and ensuring they remain in compliance with all applicable laws and regulations.
Our goal is to provide our clients with comprehensive and practical legal advice to help them establish and grow their businesses successfully. We are committed to providing personalized attention and tailored legal solutions to meet the unique needs of each client.