Need a California business formation set up and/or strategy consultation on which entity to use?
Forming a California corporation of California LLC (limited liability company), can be tricky; the quicky online services quite honestly only provide you the bare boned minimum document need to file, and their fee quoted never includes the state fees. In addition if you want the required Bylaws, shareholder minutes, Director minutes (or an operating agreement for an LLC), or share certificates or an Federal Taxpayer ID number, or the filing of the required statement of Officers or the required filing of a Limited Offering Exemption Statement-all required items, you will pay separate fee for each, if you in fact realize they are required, which the online services don’t really advice. In fact, you don’t get to have any consultation or strategy discussions on the differences between a corporation and an LLC, the differences between a C corp and an S corp, which is best for your business and why, etc. It will cost you more to straighten out the missing things than if you had it done properly in the first place. Once you are sued, audited or file an incorrect tax return, it surely will cost you many times more. I have created dozens of California corporations and California LLCs, and all the attendant documents required. I can provide you with a package price, and you’ll know you have done everything correctly. Initially, and if desired, I offer a strategy consultation to discuss the entity differences as they relate to your business. I always say information is your friend. You can not possibly be expected to understand why you are incorporating or filing an LLC with an online service. Call me to fill in the WHY.
Need a contract prepared documenting your strategic alliance, or partnership?
Most partnership agreements are 2 or 3 folks getting together and saying all the great things each of them will do for the business. If they are savvy enough to put it in writing, better, however, I have never seen a “home made” partnership agreement that provides for a process by which one partner needs to leave the partnership whether by choice, divorce, death, disability, or just plain stops doing what he or she originally promised. These “exit provisions” are infinitely more critical than the get along provisions, yet are often absent, ambiguous, or incomplete. Most new partners don’t want to deal with this negative legal stuff, because it does not seem like a positive note to start off a partnership. To the contrary, having your ducks in a row actually leads to the peace of mind needed for each partner to never have to think about –what if something goes wrong–it’s been provided for upfront. This allows the partners to be free to do what they do best in the partnership. A California Partnership Agreement is mandatory for 2 people going into business together; Even more important is the Independent Contractor Agreement and the Client Service Agreement; I have drafted many for my clients in many different industries. Remember as long as things are great, things are great. Contracts are for the rest of the time. Even if you don’t have a proper contract and things are already going south, don’t fret! Call me for a strategy session, and we will home in on what options and solutions are available for you in your situation.
Need a contract review for advice on your rights (maybe how to get out of it unscathed)?
How do you get out from under a contract you are tied to for longer than you can handle. Things change Life changes. Business plans change. There are always solutions you don’t know about because you only know one of them…if you stop performing you will get sued. Having an experienced California business lawyer such as myself, review your contract is the only way to know your rights and possible solutions. Remember lawyers are trained to find the “loop-holes”, weaknesses, and ambiguities in a contract and utilize those in your favor to come to a mutual termination or mutual solution. Contracts are re-negotiated all the time. It is not hopeless. As an Orange County business lawyer I have gotten folks a workable resolution to a situation where they believed none was available. There are always options.
Let’s face it, sometimes all you need is a letter by a lawyer. Whether it is a simple collection matter to a very complex unfair competition matter, as an experienced California business attorney, I will fashion a letter to get to the point of the conflict and outline the serious ramifications of the recipient continuing to do whatever it is you want stopped or what ever it is you want them to affirmatively do. The more complex the matter the longer the letter, which will outline state codes and statutes being violated, and causes of action of the various breaches in the contract and demands for compliance and a time frame. In general once there is an attorney letter, the other party generally complies, or at least the communication for resolution is started. I have assisted in hundreds of resolutions that simply needed a 3rd party pointing out what was happening from a legal point of view.
Want an ongoing relationship with an experience Orange County business attorney for all your business legal and consulting needs?
How would you like to have your own Orange County business attorney on call, for consultations, emails, letters, contracts, on demand. I like to think of myself as that attorney, always ready to serve, whenever you are in the need. I have prided myself on my quick turnaround and high level service at a fair price. I am happy to be your on-call attorney, in any workable relationship you may need.