Whether you know what business you want to form or need advice on the benefits and risks associated with each business type, Rob Rhyne Law can help. Additionally, ensuring the proper paperwork is in place to protect you and your business is critical. Documents like operating agreements, partnership agreements, and by-laws are an important step in starting your business.
This default business type does not require owners to register with the state, making them easy to form and giving the owner complete control of their business. By not forming a separate business entity the business assets and liabilities are not separated from your personal assets and liabilities.
If your business will have two or more owners, Partnerships are the simplest structure to setup. Depending on the type of partnership established, personal liability will vary but profits and losses will pass to the partners. Partnerships are encouraged to create partnership agreements to protect the partners in the event they disagree.
Limited Liability Companies (LLC) have the benefit of being easy to manage and allow the owners to be flexible in their tax options while providing owner liability protections. LLCs are encouraged to create an operating agreement detailing out various factors on how the business will operate, roles and responsibilities, exit strategies, and disputes.
Understanding the benefits of the different corporations (C-Corp, S-Corp, Non-Profit) is critical in determining the type of Corporation the owners want to form. Tax exemptions and Double Taxation situations, or the ability to take the corporation public, may be determining factors in which corporation type the owners form. Corporate bylaws outline the rule in which a corporation will operate.
A business formation documents should detail out the roles and responsibilities and management structure of the business. Having a business lawyer ensure each owner or officer understands their expectations is critical in protecting the business.
Financial matters, business operations, hiring and firing practices, and taking on debt are important for all owners to understand. Documenting who is accountable for these areas of the business will allow operations to run smoothly and help protect the business against owner disputes.
Your business type determines the default allocations of the business's profits and losses. For example, under the default rules, a partnership with two partners would allocate 50% of the profits and losses to each partner. Well thought out formation documents allow owners to allocate profits and losses in a manner they chose.
By having a lawyer define in your business formation documents how, why and when contributions to the business are to be made by owner's, tough conversations will be streamlined when those contributions are needed.
Clearly defined formation documents, created by an experienced business lawyer, will define the processes required for a business and its ownership, to enter into, approve, or deny a merger, sale, or dissolution.
Additionally, the formation documents should lay out how and when an owner can withdrawal from the business.
Unfortunately, owners will not always see eye to eye on business matters. Formation documents that contain how disagreements are to be handled can prevent most business disputes. These resolution plans are critical for businesses with multiple owners.
Our business attorneys suggest having well thought out formation documents to prevent or diffuse tough situations like when one owner wants to sue the other owners.
Contracts are the lifeblood of business relationships. They outline the material aspects of the agreement. Important contract provisions to consider are the start and end dates, termination options, choice of law, alternative dispute resolutions, change of control, confidentiality, and assignment clauses.
Clear and understandable contracts are critical in protecting individuals and businesses from potential risks they may face with ambiguous agreements.
Our contracts attorney can help with all your agreement needs.
Ensuring an agreement includes the appropriate terms to protect your interests requires complex negotiations. As any relationship, both parties have interests that may not be aligned.
By understanding your objectives and what is important to your business, our business lawyers are able to assist in negotiating the key terms of the agreement, which will put you and your business in a better position to be successful.
Sometimes you are faced with a contract situation where you are unable to change the terms, the contract is already in place, you feel like your interests might not be protected, or you don't know all the legal terms in the agreement and want to make sure you have a clear understanding of what you are agreeing to.
By reviewing these contracts, our contract attorneys are able to advise you on critical risks that you or your business may face and make you aware of potential issues that may arise in the future as you consider signing, or operating under, those agreements.
Having employees allow businesses to grow and match the demand for their products and/or services. Unfortunately, a business's biggest asset can become their biggest liability if an owner does not understand important legal requirements around employment.
An experienced employment law attorney is an invaluable resource for a business owner navigating the complexities of wage, hour, and benefit laws, like the Fair Labor Standards Act (FLSA), Worker Compensation laws, and the Family Medical Leave Act FMLA).
In our world today, it is critical for a business owner to be aware of the protections an employee has under the law, and the responsibilities of a business owner and their management staff.
Complex laws exist to protect the Civil Rights of employees around race, ethnicity, sexual orientation, and age discrimination. Experienced employment lawyers can help businesses who are faced with these types of claims and advise on proper business procedures to protect against future claims. Additionally, owners need to understand requirements of the Americans with Disabilities Act (ADA).
As a business owner it is imperative to keep in mind that safety hazards exist even when one is being careful. Employers are required to protect their employees against commonly known hazards.
Employees have a right to report unsafe conditions and request inspections of work facilities. These potentially unsafe situations are regulated and inspected by the Occupational Safety and Health Administration (OSHA).
Business owners need to understand the protections their employees have under the National Labor Relations Act (NLRA). Protections that allow employees to unionize and the responsibilities, and limitations, of the employer if a union is formed.
When an employee is terminated, business owners have a responsibility to treat the employee fairly and ensure they were not terminated based on protected civil rights or protected disabilities.
Consulting with a business lawyer can help protect your business in these types of situations.
Business disputes involve every facet of a business and its operations.
Cases can often involve contracts with suppliers or vendors, or consumer complaint issues about products or liability.
Sometimes these cases involve disputes between business owners over who is responsible for operating the business and what direction to take the business in.
Regardless of the situation, our lawyers know how to help.
For more information, refer to our Civil Dispute page.
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