CHOOSE A BUSINESS ENTITY & PROPER FORMATION
One of the first business decisions a new entrepreneur will make is – what type of business entity do I need. Some of the preferred entities are:
- Regular corporation (Inc, Co., Corp)
- Professional association (P.A.)
- Limited Liability Company (LC or LLC)
- Professional Limited Liability Co (PLC)
- Limited Liability Limited Partnerships (LLLP)
Proper formation includes issuing the evidence of ownership , i.e. stock or membership shares, as well as exit strategies if you are starting the business with third parties (not spouse or family members). Valuation of the business interests is also extremely important. At the outset , the firm recommends a buy-sell agreement.
AVOIDING COSTLY LITIGATION
A buy-sell is an agreement between the owners of a business which details what is to occur upon the death or withdrawal of one of the owners. Such agreements can also deal with the situation where one of the owners becomes disabled, retires, divorces, or wishes to sell their interest in the business. Typically, the buy-sell agreement provides that the business entity and/or the non-exiting or surviving owner of the business will purchase the deceased or withdrawing owner’s share of the operation. The agreement should set forth the purchase price to be paid or should provide a formula for determining the price.
CONTRACTS & CONSULTING
Whether you are starting your business with employees and/or independent contractors, there will come a time when you require advice and/or contracts thereon. Preparing employment contracts and other types, as well as review thereof, can be provided by the firm on an ongoing basis.