One of the best investments a small business owner can make is to have an attorney who both understands and can communicate how the laws and regulations impact your business. The business world is, after all, a dynamic environment. A growing business experiences many changes in the legal landscape and requires the assistance of a business lawyer who has the knowledge and experience to grow with you and help to stay ahead of legal changes.
The attorneys at Rosenstein Chicatelli are passionate about tailoring legal advice to reflect your business needs, goals, values, and culture. We will provide you and your business with special attention and clear communication. There are few black and white answers within business law.
We specialize in providing thoughtful and comprehensive business law services for both new and established companies and entrepreneurs across a broad range of industries, including:
- Real Estate Development
- Oil and Gas
- Farming and Agriculture
- Restaurants and Food Service
- Technology, and
- Professional Services
We can advise you on the appropriate entity for your business during the business formation process. We can assist in selecting and/or forming a business entity that best suits your needs, whether that entity be a Corporation, Partnership, or Limited Liability Company.
We can work with you to develop, draft, and execute the appropriate agreements to best suit the needs of your business. For example, we can prepare an Operating Agreement, Partnership or Shareholders Agreements, or By-Laws, all tailored to meet the specific needs of your business.
Buy-sell agreements are important for most companies/ business owners, we can support your interests and set forth the procedures upon the death, disability, or retirement of an owner. We can counsel, negotiate, and draft a buy-sell agreement that meets your business’s needs.
Business’s Existing Structure and Plan
If you own a business and have already formed an entity, executed an operating agreement or prepared a buy-sell agreement, but aren’t sure whether the plan that you put in action is appropriate for your business’s needs, we can help. We can review your existing documents and consult with you on any recommended changes to your plan. We can then execute those changes on your behalf to meet the needs of your business. If you are a businessowner and you have questions regarding your business, call us to schedule a consultation.
Business Succession Plans
You have poured years of your life into the growth of your business, making your business one of your most valuable assets and possibly one of the most personally meaningful aspects of your life. Do not jeopardize the fate of your hard work in your business by failing to have a business succession plan. Protect your family and your property with a plan that can succeed you when you are no longer able to manage daily operations.
Business Succession Planning helps you ensure a smooth transition and continuation of your company’s operations upon the death, disability, or retirement of an owner. These plans also help you prepare for the potential sale of one of the owner’s portion of the company.
What Happens If There is No Business Succession Plan in Place?
Without proper succession planning, your business will be passed down to the successors of your estate and/or acquired by other shareholders. This can cause conflict between relatives – some who may have been more active in the day-to-day operations of the business and some who have been less involved but could legally receive an equal or greater share of the business.
Another concern regarding larger corporations is that employees and clients may find the lack of a business succession plan to be a sign of instability. If an ill-equipped person is tasked with being involved in meetings between shareholders and does not agree with business proceedings, they can introduce conflict that will delay the normal business operations and put the enterprise at risk.
LLC/Corporate Formation for Real Estate
Often, first-time real estate investors and veterans alike are unaware of the personal liability they face when purchasing property in their individual name. When you own property personally, any legal action or potential money judgment against you automatically opens all of your assets up to the risk of being seized to satisfy the judgment taken against you.
Our attorneys can assist with mitigating the risk for our clients through the formation of Limited Liability Companies (LLCs). An LLC is a business structure whereby the members of the company cannot be held responsible for the company’s debts or liabilities. The formation of an LLC shields your personal assets from being used to pay any liabilities of the LLC.
Our team has extensive experience forming LLCs. We would love the opportunity to discuss with you whether forming an LLC for your real estate investments is the right decision for you.