Identifying the Right Entity for Your Business
With a variety of cheap, do-it-yourself options available to start-ups seeking to form a new corporation or limited liability company (LLC), there is a strong temptation to avoid employing a lawyer to prepare the necessary documentation. However, the mistakes caused by do-it-yourself (DIY) novices who are just checking off boxes in documents that they do not fully understand, and the costs incurred in repairing the resulting damage, can be devastating.
It is a far wiser business decision to hire an experienced attorney at the outset to give your new business a solid legal foundation. Hiring counsel creates the added benefit of having an advisor who was present at the inception and who can, therefore, anticipate and understand your future needs. Our business lawyers in Southern California have formed many corporations and LLCs and will be happy to assist your new business in doing the same.
Why Choose The Green Firm for Corporate Formation
At The Green Firm, our corporate formation attorneys in California help new businesses establish themselves. From entity selection to intellectual property protection, we offer a full spectrum of business services that help new businesses get grounded and grow.
- We advise which entity type to select. We help you choose the best entity for your business, taking into account factors such as liability protection, tax considerations, and funding needs.
- We draft and file articles of incorporation. As you likely know, the articles of incorporation are legal documents that establish the corporation, and we make sure they are properly completed and filed with the appropriate state agency.
- We draft bylaws and other corporate documents. One of the keys to success are the bylaws and corporate documents you possess. We help you draft smart bylaws and other rules governing the corporation’s internal affairs. We can also assist with other corporate documents, such as shareholder agreements or employment contracts.
- We ensure compliance and ongoing maintenance. Once the corporation is formed, there are ongoing compliance and maintenance requirements that must be met, such as filing annual reports and maintaining accurate records. We help ensure that your business stays in compliance with state and federal regulations.
- We help you protect your intellectual property (IP). We offer guidance on protecting your business’s intellectual property, such as copyrights, trademarks, patents, and trade secrets.
Our corporate formation attorneys can help ensure that your business is set up for success from the very beginning. We provide valuable guidance and expertise throughout the formation process, helping you avoid potential legal and financial pitfalls.
The Importance of Choosing the Right Corporate Formation
The entity you choose for corporation formation is important because it will have significant implications for your business, including legal liability, tax treatment, and ownership structure.
- Legal liability: The entity you choose will determine the extent to which you are personally liable for business debts and obligations. Some entities, such as sole proprietorships and partnerships, offer little protection from personal liability, while others, such as corporations and limited liability companies (LLCs), offer more robust protection.
- Tax treatment: Different business entities are subject to different tax rules and regulations. For example, corporations are subject to double taxation, meaning that profits are taxed at both the corporate level and the individual level, while LLCs and partnerships are pass-through entities, meaning that profits and losses are passed through to the owners and taxed at the individual level.
- Ownership structure: Different business entities offer different options for ownership structure and management. For example, corporations are typically owned by shareholders and managed by a board of directors, while LLCs can be owned by a single member or multiple members, and management can be structured in a variety of ways.
- Funding and investment: The entity you choose may impact your ability to secure funding and investment for your business. For example, corporations can issue stock to raise capital, while LLCs are typically limited to contributions from members.
The entity you choose will have significant implications for the legal, financial, and operational aspects of your business. Work with us to determine the best entity for your specific needs and goals.