Business Formation Attorneys
We help you start your business with your best foot forward – with the right legal foundation you need to grow confidently.
Selecting the right entity is fundamental to ensuring the success of your business. Your unique goals will play a significant role in determining whether to establish a general partnership, limited partnership, limited liability partnership (LLP), corporation, professional corporation (PC), limited liability company (LLC), non-profit organization, or sole proprietorship.
Key considerations in deciding which business structure is most suitable include the desire to protect personal assets from business liabilities and the actions of co-owners, the preferred taxation framework (such as double taxation versus pass-through taxation), ownership structure, management dynamics, and the ability to attract investors.
Ultimately, selecting the appropriate business entity can be difficult. However, with guidance from our experienced attorneys, you can ensure that your business has a strong and proper foundation, positioning it for long-term success.
Additional Business Formation Practices
Our firm provides a comprehensive suite of services to streamline the business formation process. This includes;
- General business legal advice
- Conducting thorough availability checks for proposed business names
- Advising on optimal legal structures
- Preparing and filing business formation documents
- Preparing bylaws, shareholder agreements and operating agreements
- Acquisition of Employer Identification Number (EIN) from the IRS
- Ensuring compliance with all applicable legal and regulatory requirements
- Preparing and negotiating contracts pertinent to your business’s formation
Need legal guidance for your business? Our attorneys in Glendale, CA are here to help. Contact us today for expert legal counsel.
Why Choose Us?
As transactional attorneys who have litigated a variety of cases in the corporate and business setting, you can rest assured that we are prepared to identify obvious and subtle pitfalls for your business relationships.
Business Lawyers
Whether you’re a startup with big dreams or an established business, we’re here to help.
Frequent Updates
We will provide you with the latest news and progress on your matter as soon as it happens so you’re always in the loop.
Fast Support
If you have a question, a member from our staff will respond to your inquiry diligently.
Fair Pricing
We will do our best to prepare a quote that works with your budget.
Frequently Asked Questions About Business Formations
What steps should I take to select an appropriate name for my business?
Choosing a name for your future business is an important step, and it is common to spend considerable time deciding on the right one. Before you move forward with ordering any materials or creating branding, there are several key factors to consider. First, it’s essential to be aware that California has specific rules and regulations regarding business names that vary based on the type of business you plan to start. These regulations may dictate certain requirements or restrictions that you must follow. Moreover, you need to verify whether your desired name is already in use by another business. Conducting a trademark search is crucial because if another entity has trademarked the name you want, using it could infringe on their trademark rights. This situation can expose you to legal liabilities, so it is advisable to ensure that your chosen name is both unique and compliant with state regulations.
What type of business entity should I select?
When selecting a business structure, one key factor to consider is the protection of your personal assets. Without a formal entity, your business will be either a sole proprietorship or a general partnership, meaning you would be personally liable for any lawsuits against the business. If you want to protect your personal assets, forming a limited liability partnership (LLP), corporation, or limited liability company (LLC) may be the better choice. These business structures limit your liability to your investment amount. A limited partnership or nonprofit corporation can also offer some protection. No matter which option you choose, it’s essential to make your decision carefully and with the assistance of experienced attorneys.
Do I need an operating agreement or bylaws when starting my business?
The type of business entity selected will determine whether an operating agreement or bylaws are necessary. In the case of a limited liability company (LLC), California law mandates the creation of an operating agreement. This document plays a crucial role in delineating the rights and responsibilities of all members, thereby mitigating the potential for future disputes. Conversely, while corporations are not legally required to establish bylaws, they are essential for ensuring that a corporation properly functions as a company. Bylaws also serve to uphold corporate formalities by defining the governance structure and operational rules of the organization.
Are any contracts required for my business?
The importance of formal business contracts is closely tied to the specific business structure in place. These contracts play crucial roles: they streamline everyday transactions, manage substantial business agreements, safeguard sensitive information, and precisely define the rights and obligations of all parties involved. Utilizing written contracts not only guarantees compliance with legal standards but also significantly reduces risks and helps avoid conflicts, making them an essential element of prudent business operations.