Business Law

Formation and Start Up

When starting a business it is normally advisable to form a legal entity in order to protect your personal assets and limit your liability. We are very experienced in this area and can provide you with guidance on how to proceed. We have helped many form the legal entity necessary to limit their liability. We have formed:

  • corporations, both regular and Chapter S,
  • limited liability companies (LLCs)
  • limited liability partnerships (LLPs).

Normally, it not advisable to form a partnership because a general partnership does not limit your liability. If you are in a partnership we can advise you on partnership matters. If you need assistance in obtaining the tax identification number, we can help with that.

If you need a Buy-Sell Agreement with your business "partners" we can draft that for you.

Conducting Business

Once the legal entity you have chosen is formed, it is important to observe the right formalities or the expense and work that you incurred to properly form it can be lost. We can help you with the maintenance of your corporate records. We can also advise you on the proper way to sign contracts and advertise so as to maintain your limited liability.

We can help you draft form contracts for use over and over again with employees, customers or suppliers so as to best protect your interests. If you need assistance with negotiating a lease or larger contract, we have also helped many people with that process and with documenting the result of the negotiation. If you want to use an employee manual or have regulatory issues, we have assisted small companies with those documents. We can advise you concerning employee issues and help you avoid making mistakes that can be very costly.

An attorney is usually of limited assistance in borrowing money from banks. The bank already has its forms and will only do what it will do about interest rate and terms. However, SBA loans require a lot of documentation that has to be prepared and research that has to be done. Having an attorney can help with what would otherwise seem like an overwhelming task. Also, if you are borrowing money from a friend, relative or other non institutionalized lender, you will need an attorney to make sure the documents are properly prepared.

Dissolution or Sale

We also assist persons who have been in business together break up the business or sell it to third parties. Breaking up a business relationship is often a harrowing experience, akin to getting divorced. We have helped many people with that difficult process. But even if the break up is amicable, you want to be sure that it is done right and everything dealt with properly.

Similarly if you are buying or selling a business, you want to be sure that it is done right to avoid major headaches in the future. We can help in preparing the right documents, and doing the right searches and other processes called "due diligence" to make sure that you sell or buy the business correctly.

Business Litigation

Finally, if your business relationships are not going well, the remedy that our legal system offers to resolve disputes is litigation. This could be having to sue a customer to collect money owed your business. It could mean defending you against complaints by customers. It might involve suits against former employees or suits by former employees against you. Various regulatory agencies may be suing you. It could be a dispute with a business "partner". We do handle litigation of business disputes, if you need that service.

Contact us or call our office at 651-315-8738 (toll free at 888-342-2493) for an appointment with an experienced lawyer. Evening and weekend meetings can be arranged.