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Do you need an Attorney to Form a Business?

atty to form business picWhen you are starting a new business , one of the most important decisions you can make is selecting the best legal structure for it. You might be tempted to try to save money by incorporating your entity without the assistance of a lawyer, but there is more to incorporation than simply filing paperwork. Below are a few of the reasons you should work with an attorney:

  • Choosing the legal structure for your business . Each type of business entity has its pros and cons. An attorney can ensure that you understand them, including the tax consequences and the administrative requirements that will significantly impact the future success of your business.
  • Answering the forms . The required paperwork to incorporate a new business may appear to be simply checking a few boxes or answering some simple questions, but the answers you provide to these questions are critical. How will your limited liability company be managed? Who will you name to serve as the business’s registered agent? What type of stock will be issued by your corporation? Having an attorney can ensure you provide the right answers to these types of questions.
  • Other requirements . Selecting the type of legal structure for your business is only one part of forming your entity. Other requirements include obtaining the necessary state and local business licenses, your employer identification number (EIN) from the Internal Revenue Service (IRS), and other necessary tax filings. It is also important to consider your insurance and/or bonding requirements.
  • Governing documents . All legal entities must have certain documents that govern how they will be operated and run by the owners. Examples of governing documents include partnership agreements, shareholder agreements, bylaws, operating agreements, and other similar documents.
  • Hiring employees . If your business will be hiring employees, there are a broad range of laws that you must comply with. Having an attorney assist you with ensuring your compliance can make this process much easier.

The Swenson Law Firm is located in Sacramento County and we proudly serve businesses of all sizes from all over the State of California. Contact us today to learn more about how we can assist you with matters such as trademarks, defending lawsuits, business formation, contract negotiations, hiring employees, and protecting your intellectual property. With our years of complex business trial and litigation experience, we are an effective, efficient and affordable choice in representing you at the bargaining table and in the courtroom.

 

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