Start Ups & Business FormationsYour Lifetime Lawyers and Trusted Advisors for Entrepreneurs, Executives, Founders and Business Owners Nationwide
Start Ups & Business Formations Attorneys
Serving Northern VA, DC, MD and Nationwide
The decision to start a business raises a variety of legal, tax, and financial issues that must be carefully examined before incorporating or starting a business. You will need to thoroughly evaluate tax ramifications, liability and indemnification concerns, and financial and tax reporting obligations associated with different types of business entities.
Our team at Zell Law is made up of experienced attorneys, and we can guide you through the process of selecting a business entity and laying the legal foundation for success. For corporations, our attorneys create articles of incorporation, bylaws, organizational minutes, and shareholder agreements to put in place desired processes relating to corporate governance, stock transfer restrictions, reporting mechanisms, dispute resolution provisions and other matters that ensure achievement of the specific goals of the owners and managers of the business.
Choosing a Business Entity
Selecting the appropriate business entity is a pivotal step in creating a new business. We can evaluate your venture’s short- and long-term goals and advise what entity type will be most conducive to achieving them.
Learn more from our videos and blog posts:
- What Type of Partnership Should I Create? - WATCH or READ
- Which form of Partnerships Right for Me? - WATCH or READ
- Sole Proprietorships and the Business Owner - WATCH or READ
- Corporations - WATCH
- B Corporations - WATCH
- 3 Benefits of Choosing an LLC Business Structure - READ
- Who Is the Right Partner for Your Business Venture? - READ
There are so many business entity types are potentially available, including:
- S Corporations, C Corporations, B Corporations
- Limited Liability Companies (LLCs), Professional Limited Liability Companies (PLCCs)
- Partnerships, Limited Partnerships (LPs) and Limited Liability Partnerships (LLPs) - WATCH
- Sole Proprietorships - WATCH
- Non-Profit Organizations - READ
- Joint Ventures
Corporate entities are especially complex. You will need articles of incorporation, bylaws, organizational minutes, and shareholder agreements to implement desired processes relating to corporate governance, stock transfer restrictions, reporting mechanisms, dispute resolution provisions, and other matters that ensure achievement of the specific goals of the owners and managers of the business. You also will want to review your existing estate plan to ensure that the provisions contained in the company’s articles of incorporation and bylaws agree with any provisions contained in a trust or business succession plan.
For partnerships and limited liability companies, you will need certificates of formation or articles of organization in addition to partnership agreements or operating agreements. These essential documents will define how your business will be run as well as the goals and objectives of the business owners.
What is a LLC?
A Limited Liability Company (LLC) is a business structure that combines the pass-through taxation of a sole proprietorship or partnership with the limited liability of a corporation. By forming an LLC, owners can protect themselves from personal liability for business debts and avoid double taxation associated with other business structures.
How is a LLC Formed?
An LLC is formed by filing articles of organization with the Secretary of State and paying any applicable fees. Depending on the state, an LLC may need to have certain formalities such as preparing operating agreements or issuing membership certificates. Members of an LLC are not required to be actively involved in the business operations, but can be held liable for actions performed by agents acting on behalf of the company.
Who Can Manage a LLC?
Furthermore, LLCs can be managed by its members or a designated manager. It is important to note that, in some states, an LLC may have unlimited life and flexibility with regards to ownership and transfer of interests. An LLC also offers protection against creditors since the liabilities associated with business debts are separate from personal debts. In conclusion, forming an LLC provides owners with the convenience of a business structure with the protection from personal liability that a corporation provides.
Building a Strong Foundation
Your new business will need legal agreements and documents to establish ownership, organizational structure, and mechanisms for dispute resolution. Our team can identify and prepare the paperwork you need to get your business off the ground.
Depending on the nature and organization of your business, you may need to sign:
- Partnership Agreements
- Buy-Sell Agreements
- Stockholder Agreements
- Voting Agreements
- Operating Agreements
- Investor Rights Agreements
- Right of First Refusal Agreements
- Co-Sale Agreements
Evaluating Mergers and Acquisition Opportunities
There may come a time where you are ready to exit your venture or have the chance to acquire another enterprise. Mergers and acquisitions are inherently complex legal transactions that will require careful legal guidance. You must take steps to ensure the deal is in your best interest and that the transaction meets all regulatory requirements.
Our Reston business entity formation attorneys can assist you with:
- Due Diligence Review of Corporate Records and Contracts
- Sale and Purchase of Stocks or Assets (or Both)
- Conversions from or into an LLC
- Conversions into a Delaware Corporation
Avoiding Unwanted Liability
Because most businesses start out as small ventures managed by friends and family members, money is often pooled in one account and mixed with personal funds. However, once you decide to form a business, it is extremely important to put procedures and reporting requirements for the handling of company funds in place. This will ensure a measure of transparency and protect your company from financial mismanagement by a business partner and from claims from outside creditors.
Our business entity formation lawyers can provide your venture with the guidance it needs to succeed. Our team at Zell Law can draw on our decades of experience to help you and your partners make informed decisions and avoid common errors. We emphasize resilience and proactive thinking in our business planning and are consequently responsive to evolving legal landscapes and shifting regulatory environments. Our firm can help your business anticipate and adapt to changing circumstances and will work to put your venture in the best possible position.
Meeting your fledgling business’s needs is our top priority.
Contact us online or call (571) 410-3500 to learn more about how we can help.
Trusts Created 3,700+
M&A Transactions Handled 160+
Clients Served 7,000+
Businesses Started 850+