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Posts Tagged ‘business formation’

Massachusetts Business Lawyers for Local Entrepreneurs

October 11th, 2009
by Kayla Flores

Engaging a Massachusetts business lawyer for a start-up business stands to be the most sensical decision a new start-up can carry out. Much of this is due to the fiscally-challenging nature of business operations in the Commonwealth in even good years, let alone times as they are today. Additionally, having a good lawyer who can assist a business in navigating the rough shoals that populate the state’s tax and regulatory seas is like having a fine ship with which to sail over them.

Whether deserved or not, Massachusetts has a reputation for having a complicated business and tax environment. In fact, it’s sometimes known as a tax trap by people and businesses in the state. The sometimes-significant bite taken out in various taxes and fees can hurt a start-up business if it isn’t set up correctly to begin with. And this is where having a Massachusetts business lawyer can really pay off.

Good attorneys will participate in a start-up’s planning, and will also be able to give advice on the kind of legal entity the business might want to consider becoming when it starts up. In fact, this is where a Massachusetts business lawyer can be most useful. He or she can handle just about all aspects of this phase to the benefit of the new start-up.

Due to the economy, the business atmosphere in many states is murkier than ever. Good attorneys can help a start-up chart a course through turbulent seas that could sink the business before it even leaves the dock. This is especially so in Massachusetts. Fortunately, a good Massachusetts business lawyer can give a sober assessment and help chart a course for success in starting up.

Relying on a Commonwelath of Massachusetts business lawyer for a start-up business might probably be the smartest decision a business start-up in the state could make, initially. Certainly, the Massachusetts economic climate and atmosphere of uncertainly almost makes it a requirement that a good attorney be retained, to start. And having one, quite frankly, helps to increase odds of success for the start-up in the later months.

About the Author:

Kayla Flores Legal , , , , , , , , , , , , , ,

Let A Massachusetts Business Lawyer Help You Get Better Credit

October 8th, 2009
by Kayla Flores

If you are attempting to find the right commercial lending institution you should enlist in the help of a Massachusetts business lawyer. For people who don’t know much about commercial lending, the help of a lawyer can make all the difference in the world. A lawyer will be able to help to make sure that you are getting a good interest rate. He will also be able to tell if the lender is reputable. A lawyer will be able to help you create a business plan that the bank can use when evaluating your situation.

Obtaining a lawyer is beneficial in helping you research the lending company. He will be able to use his resources to assure you that the commercial lending company has a reputable background. Doing the research yourself can be a difficult and stressful task. You may not be able to get the correct information from reliable sources.

A Massachusetts business lawyer will be available to represent you and to make the proper negations on your interest rate as well. While most lenders follow a federal guideline for lending, it is important that your lawyer reviews your interest rate to be certain you are getting the best deal possible.

Creating a good business plan can be difficult to do you your own, that is why it is important that you have your lawyer work with you to create a fantastic business plan. A business plan should be professional and outline where all the money will go. A good lawyer will be able to help you create a professional plan for the lender

Hiring a Massachusetts business lawyer is a wise decision if you are thinking about getting a loan for your business. A lawyer will be there to help you if a problem comes up. A lawyer will also represent your best interest if you should have any problems.

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Kayla Flores Legal , , , , , , , , , , , , , ,

Form A Corporation – Steps To Take

June 26th, 2009
by Caressa Waechter

There are many business types and structures. Have you decided you want to form a corporation? Forming a corporation can be complex, but this article will explain the general process.

The first action you’ll want to take is think of and register a creative name for your company. It needs to not violate any trademarks owned by others and meet your state guidelines. It also has to end in “Corp.,” “Ltd.,” or “Inc.” After that is done, you will want to appoint your directors of the operation. This person or persons will make all the big decisions for the firm, along with the owner. These decisions include policies, issuing of stock, hiring, and handling finances.

After that is completed, you have to go to the state office and file what is known as articles of incorporation. These are simple papers and reflect the creation of the firm. You can have one person designated to sign in the case of multiple owners. If desired, though, you can all sign. Now would be the best time to go ahead and obtain your state licenses. They vary but will most likely include IRS forms, business license, and zoning permits.

It’s now time for all of the owners to get together and draft your agency’s bylaws. This simply means the rules and guidelines the company will run under. Standard operating procedures governing everything from your receptionist to your directors to general policy are essential. You can have your first board meeting of the principal leaders soon. They will incorporate the bylaws and all final decisions will be made. You must do this before you start doing business.

Those are all the simplified steps of forming a corporation. Have you followed the general instructions and successfully created your new enterprise? Now comes the biggest step: continuing to run your establishment like a well-oiled machine!

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Caressa Waechter Business , , , , , , , ,

Don’t Have Business Partners Without A Partnership Agreement

June 19th, 2009
by Caressa Waechter

Business partnership agreements are an agreement between two or more people. The agreement is used to set forth the understanding between these individuals. This understanding includes the nature of the partnership, the management, contributions made and the termination. The agreement is required by most every state when forming a partnership.

A general partner who assumes, in most cases, an unlimited liability, manages partnerships. This unlimited liability means that both the general partner’s partnership interest and personal assets are at risk. A partnership agreement can be for a general, limited and limited liability partnership. General partnerships have unlimited liability shared by each general partners. A limited partnership is managed by one general partner and limits the liability of the limited partners. This limit is the partner’s partnership interest. Finally, the limited liability limited partnership extends protection to the personal assets of the general partner. This type of partnership is recognized in a handful of states.

A business partnership agreement consists of language on the name and type of partnership business. It also discusses the length of time for the partnership and the circumstances for termination and dissolution. These clauses are typically required under the state law in which the partnership is organized. One of the important areas of the business partnership agreement is what happens if a partner dies or leaves the partnership.

A way in which to prevent the partnership from automatically dissolving is through a buy-sell agreement. A buy-sell is used to provide a funding mechanism in the event of a partner’s death or disability. Instead of the terminating partner’s shares going to their heirs, the agreement allows the remaining partners to acquire the interest. This allows for the continuation of the business with little disruption.

Consult with a legal professional with expertise in drafting business partnership agreements. Although there are template forms that are available in office supply stores, they may not be adequate. There are however places on the Internet that can assist in drafting a state-specific agreement.

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Caressa Waechter Business , , , ,

LLC Formation – The Right Choice for Your Business?

June 19th, 2009
by Caressa Waechter

Running a small business can be a challenge, particularly as the recession continues to grip. Having to weigh up all the options to expand, and increase your market share, can be fraught with perils. However, one more recent option is to set up a Limited Liability Company (LLC). Starting an LLC is quite a straightforward affair, but there are basics you need to be aware of before starting in the journey.

Before deciding to go down the LLC route, it is important to understand the benefits it can bring. Firstly, there is no need to have a board, as an LLC can be created by an individual. However, the number of people involved is not limited, so this is not restrictive. Neither are there restrictions in place preventing you from linking with other corporations.

One benefit that many find popular regards the more relaxed approach that LLCs enjoy with legalities and tax purposes. You are not required to publish your annual reports, whilst tax returns are filed according to the individual rather than the business, allowing for greater performance and increased profitability.

If there are members of the LLC that do more work than others, the dividends are broadcast more evenly. No matter what your stake, if you have contributed more to the bottom line, the larger share of the profits you are entitled to.

Of course there are also disadvantages to starting an LLC. You may find it more difficult to raise funding: Some investors feel more comfortable putting a stake in more established corporations that could offer future public share offers, thus increasing their stake value.

Setting up nationwide could also be problematic, with many states having different rules to the operation of an LLC in their area. If this is a consideration, you will need to spend some time to research any penalties, taxes and fees that could possibly be sought.

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Caressa Waechter Small Business , , , , ,

5 Reasons Why Forming an LLC is a Good Idea for Small Businesses

April 22nd, 2009
by Caressa Waechter

There are several business structures that you can use to operate a business as. You can be a sole proprietor, or you can choose another business structure such as an LLC. An LLC is an excellent choice when it comes to a small business structure, as it offers many advantages over being a sole proprietor.

As a small business owner, you should consider forming an LLC for the following 5 reasons:

1. Personal liability protection – As a business owner, you may be a large target for a lawsuit. You need to shield yourself personally from your business, so your personal assets are protected in case a lawsuit is brought against your business. A properly setup LLC offers this protection.

2. Project a professional image – Customers tend to want to do business with a company that has a professional image, and operating your business as an LLC helps with this. Anyone can say they are a business, but only those that are serious go to the extra effort to setup a proper business structure.

3. Gain confidence of others – In order to be successful in business, you need to gain the confidence of your customers and other companies that you do business with. Operating as an LLC goes a long way in gaining the trust of those that you need in order to have a successful business.

4. Low audit risk – Sole proprietors are more at risk to be audited by the IRS than LLCs. This most likely has something to do with the fact that someone might by saying they are a business to just get some tax benefits (which are actually greater as an LLC) and the IRS knows this. However, if someone goes to the trouble of forming an LLC, then they are most likely in business for all of the right reasons.

5. Business flexibility – An LLC is a fairly flexible business structure, especially when compared to a sole proprietorship. An LLC easily allows you to add new owners, and otherwise make changes to how your business is operated.

The LLC business structure offers many advantages over other structures, especially the sole proprietorship. The above 5 reasons just scratch the surface as to the reasons why you should really consider operating your business as an LLC.

About the Author:

Mike Davis Legal , , , , , , , ,

A Limited Liability Company Offers These 5 Benefits

April 16th, 2009
by Caressa Waechter

A hybrid of both a partnership and a corporation, a limited liability company offers a combination of the benefits of these two entities. The LLC is a great business structure for entrepreneurs and should be a consideration for those that have their own business. Many benefits are seen when you operate your company as an LLC.

You will find below 5 of the many benefits a limited liability company can offer an entrepreneur:

1. Personal asset protection – One of the best reasons to create a limited liability company is so that you are protected from personal liability in case your business ends up being in a lawsuit. A properly created LLC can offer personal asset protection and is just one of the many reasons why you really should consider forming an LLC.

2. Handling of taxes – When you are working for yourself, you need to be as smart as possible when it comes to income taxes. An LLC offers you the ability to decide how to handle taxes, which can be very handy when you have to handle these issues yourself.

3. Legitimizes company – Lets face it, as a business owner you most likely are competing against many other businesses. You need to make sure that potential customers see you as a real business, and operating as an LLC brings this credibility to your operation.

4. Ease of operation – As a business owner, you can always choose to form a corporation, which can give you similar tax and liability benefits you get from an LLC. However, a corporation often times has certain requirements you must do on an annual basis in order to maintain your business structure. Since an LLC does not have these same requirements, there can be less you have to concern yourself with operationally.

5. Low cost – When you form your LLC online, it will not cost you a lot of money so it is within reach of most entrepreneurs. Also, there is no ongoing yearly costs to run your LLC, so you are looking at just a one-time fee.

Forming an LLC is a great choice for many small business owners, and offers you many benefits that you just cannot get as a sole proprietor. If you want to be a serious entrepreneur, then you really need to see if a limited liability company is the right choice for your situation, and it most likely will be.

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Caressa Waechter Legal , , , , , , , ,

Form Your LLC Online – 5 Benefits to Doing So

April 6th, 2009
by Caressa Waechter

The decision to form an LLC is an important step in a company’s development, but it is equally important to decide the best way to actually do the formation. Using an online limited liability formation service is a great way to quickly and inexpensively form your LLC. There are several benefits to forming an LLC online versus using other methods.

You will find 5 reasons below why you should consider forming your limited liability company online:

1. Low cost – By forming your limited liability company online, you can save a good deal of money over more traditional methods, which is a very important consideration to most new companies.

2.Price known before purchase – Because you are able to price out your LLC package before you are committing to anything, you see the bottom-line price before you proceed. Unlike other formation methods, you will never be hit with an unexpected charge sometime in the future.

3. Guaranteed filing – If you do the LLC formation paperwork yourself, you run the risk of doing something wrong which can slow down the filing process, or worse yet, make it so your LLC does not hold up in a court of law. Ensure your paperwork is done correctly by using an online formation service.

4. Filing done quickly – Your LLC filing is completed in a good amount of time when you do it with an online service. Also, you will have the option to expedite the process if you need it quicker.

5. Customer service – If you have a question about the online LLC application process, you can contact the customer service department who will be able to assist you with the application. Knowing that help is readily available is worth its weight in gold.

Once you have decided to form an LLC, you need to figure out the best way to do it. A smart and inexpensive way is to use an online formation service who will handle the complicated process for you. Creating an LLC will be an easy and smooth process when you use an affordable online service.

About the Author:

Caressa Waechter Legal , , , , , , , ,

5 Reasons to Form an LLC

March 20th, 2009
by Caressa Waechter

If you own a business, you have a choice of operating it as a sole proprietor, or you can use another business structure. One of the more popular business structures in use today is the Limited Liability Company. There are a good number of reasons why you should consider an LLC as the structure to operate your small business under.

Below are 5 reasons why, as a business owner, you should consider forming an LLC:

1. Protection of personal assets – When you own a business, you are at greater risk for being sued than the general public. You need to make sure that your personal assets are protected in case your business finds itself involved in litigation. When you have an LLC that is properly setup, you are offered certain liability protection.

2. Profession image – Nothing says professional company like an actual business structure. Anybody can call themselves a business, but only those that take the extra step of setting up a business structure are truly serious about their company, and customers take notice of this.

3. Gain trust – As a business you need to have partnerships with vendors and other companies, such as banks. You need to show that you are trustworthy before anybody is going to do business with you. One way to do this is by showing that you are a serious business, and become an LLC.

4. Low audit risk – Sole proprietors are more at risk to be audited by the IRS than LLCs. This most likely has something to do with the fact that someone might by saying they are a business to just get some tax benefits (which are actually greater as an LLC) and the IRS knows this. However, if someone goes to the trouble of forming an LLC, then they are most likely in business for all of the right reasons.

5. Flexibility – With an LLC, you have greater flexibility in how you want to run your business. You can also bring on additional owners very easily, which you cannot do as a sole proprietor. An LLC is a very flexible business structure that gives you plenty of options on how you wish to operate your company.

If you are going to operate a business, then you owe it to yourself, and your business, to run it as effectively as possible. Using an LLC as the business structure for your business has many advantageous, even more than those listed above. Take your business seriously and consider forming an LLC.

About the Author:

Caressa Waechter Legal , , , , , , , ,

5 Reasons to Start a Limited Liability Company

March 16th, 2009
by Caressa Waechter

A hybrid of both a partnership and a corporation, a limited liability company offers a combination of the benefits of these two entities. The LLC is a great business structure for entrepreneurs and should be a consideration for those that have their own business. Many benefits are seen when you operate your company as an LLC.

You will find below 5 of the many benefits a limited liability company can offer an entrepreneur:

1. Personal liability protection – Probably the most compelling reason to form an LLC is to benefit from the personal liability protection offered by a properly setup limited liability company. As a business owner, you are exposed to a greater risk of lawsuit then you would be otherwise, so you can use an LLC to shield your personal assets from a lawsuit brought against your company.

2. Tax choices – As a sole proprietor, you have very limited ways to handle your business taxes. An LLC offers you several different ways to deal with income taxes, often saving you money over what is available to you if you did not have a business structure.

3. Inspire trust – Most every business will have competition, so you have to make sure that you come across to the customers as a business that they want to spend money with. Anybody can call themselves a business, so by being an LLC, you are inspiring trust in your customer base, making it more likely they will want to do business with you.

4. Operational simplicity – Creating a corporation is another option that gives you certain tax and personal liability benefits, but they are generally more difficult to operate. A corporation has annual reporting requirements that just are not there with an LLC, making the limited liability company a great choice for low maintenance.

5. Inexpensive to form – If you take advantage of an online incorporation service, it will not cost you a fortune to form your LLC. And generally there are no ongoing costs to operating an LLC, which makes them that much more affordable.

If you are an entrepreneur, then you really need to consider forming an LLC so that you can receive the many benefits that this business structure offers. Any serious business owner understands the importance of choosing the correct business structure, and a limited liability company may be right for your situation.

About the Author:

Mike Davis Legal , , , , , , , ,