I. Retention of Counsel

The retention of an attorney will assist you in establishing your business, and determining the form of business most appropriate for your needs.  An attorney can assist you in drafting a partnership agreement, registering your business, drafting by-laws, and providing day-to-day general counsel for your small business needs.  An attorney can also assist you in negotiating contracts with vendors, assisting you with employment/HR related issues, and handling your outstanding collections and any contract disputes that may arise.  By retaining an attorney to represent your small business, you can give yourself peace of mind and focus on the running of your business.

II. Most Appropriate Form of Business Entity

i. Sole Proprietorships
ii. General Partnerships
iii. Limited Partnerships
iv. Limited Liability Partnerships
v. Limited Liability Companies
vi. Corporations
vii. Professional Service Corporations

An attorney can discuss these available options with you and to decide which is the most appropriate form or entity in which to conduct business.  The factors that go into this decision include the legal requirements of the various entities, personal liability to the principals, degree of formality in which you wish to conduct your business, federal and state tax implications, management issues and types of financing your business may wish to pursue.  An attorney can discuss these factors with you, in addition to your concerns, and help you to reach a decision that is best for you.

III. Formation of Business

After reviewing your options and deciding which type of business entity is most appropriate for you, an attorney can help you to form your business entity.  This includes filing the appropriate forms with the government, as well as drafting any Operating Agreements, Shareholder Agreements, Partnership Agreements, By-Laws, or any other operating agreement or forms necessary for the formation of your company.

IV. Operation

An attorney can assist you in your day-to-day operations of your business.  This can include the negotiation of contracts with vendors, contract formation, collection of accounts receivables, handling conflicts with employees and potential contract disputes, as well as providing you general counsel in any area of concern that may arise on a daily basis. 

If you have any questions regarding your small business, or the formation of your new company, please contact us at the "contact us" page, or by calling 908-626-1001 or 973-440-2311.