If you’re thinking of starting your own business, do you know what procedures you should follow? Should you register as a sole proprietorship, general partnership, corporation, or LLC? Do you know how the business will be structured or organized? Have you figured out a plan for expansion in the future?
Are you entering into a partnership with another business or corporation? Are you confident you’re able to draft a contract that will look after your interests while encouraging cooperation? What happens when a business partner breaks a contract? What course of action can you take?
Business law encompasses the creation of new businesses and the issues that arise as existing businesses interact with the other companies, the public, and the government. This area of the law includes bankruptcy, real estate, employment law, tax law, intellectual property, sales, and more. Transactional work is the specialty of a business law attorney—they normally do not represent a client in court and are often hired with the intent to avoid future litigation.
A business should be viewed as a separate entity from its owners and employees. In this way, businesses are subject to certain rules that were created to give each marketplace participant the opportunity to succeed. Business law allows for efficient transactions and benefits the overall economy. If a problem should arise, a contract drafted by a business attorney will protect the buyer and seller and ensure payment terms are met.
No matter what business you’re in, understanding when to employ the services of a lawyer is critical. Yes, day-to-day operations are easy for you to handle, but when your business life gets complicated a lawyer can be a valuable partner…and can save you time and stress. The attorneys at Oliver & Cheek, PLLC are ready to work with you to achieve all your business goals.
Bankruptcy and Alternatives:
When a business is failing, do you file for Chapter 7 or Chapter 11 bankruptcy? Which process would provide the best outcome? A business attorney can provide the pros and cons of both and guide you on the right path for your company. He or she can also help you deal with creditors and investors during this stressful time.
Filing for bankruptcy may not always be the best option. The choice you make can greatly affect the ability to retain your business assets and avoid costly fees. The team at Oliver & Cheek, PLLC can walk you through the other options available and possibly help your business avoid bankruptcy.
During bankruptcy proceedings a receiver is sometimes appointed to run a company and has the power to take whatever action he sees fit to liquidate the business’ assets. A business attorney can represent the receiver or the business owner challenging the receiver prior to, during, or even after the appointment process. A knowledgeable partner at your side is key to ensuring the process goes as smoothly as possible for you.
Corporate Structure and Business Planning:
Structuring the way in which your business will be run and organized can be a daunting task. Let Oliver & Cheek, PLLC guide you in your decision to form a general partnership, a sole proprietorship, corporation, or LLC. The team can also help with the creation of job titles and duties, and the mapping of future expansion. A properly created business plan is used by investment-seeking entrepreneurs to convey their vision to potential investors. These plans may also be used by businesses trying to attract key employees, prospect for new business, deal with suppliers, or simply understand how to better manage the company.
Business Entities and Transactions:
When selling to a third-party buyer or transferring a business to the next generation of family ownership, our team can guide you through the process. From drafting contracts, leases, promissory notes, employment agreements, and contracts, Oliver & Cheek, PLLC can aid in business sales, shareholder agreements, leasing and purchasing real estate, lender financing, and many other transactions. The team can also review contracts and other documents to provide advice and a plan moving forward. Their experience will help you weigh opportunities and risks to best assess all business decisions.
Negotiation and Drafting:
A well-drafted contract is essential to the success of all types of transactions and business dealings. Our attorneys will work with you throughout the process—making sure to draft contracts that protect your interests while also encouraging cooperation among all parties involved. We can work with you to draft, modify, review, and enforce a contract and will be there in the event you face contract disputes or breaches. We focus on accomplishing your contract goals while ensuring the contract can withstand any future legal challenges.
Business Consulting and Advising:
Do you need a partner to provide honest, sound legal and business advice? The attorneys at Oliver & Cheek, PLLC are excellent problem solvers and experts at developing and selling ideas. Our team will work to help you solve problems, recognize emerging problems, and set your company on the path to success.
Business Succession Plans:
You’ve spent years building and growing your business—don’t leave its future to chance. Creating a succession plan is crucial and ensures you, or your heirs, will be able to cash out at a fair value when the time comes. With no concreate plan in place arguments between heirs of a deceased owner, or between heirs and employees, can sink a business. For larger businesses, the attorneys at Oliver & Cheek, LLC can help to assess internal candidates so the company is prepared when succession eventually takes place. The company’s top employees should go through the executive assessment process first, ideally conducted by an outside firm, so that favorites are not singled out, which can cause company infighting. Let our team work with you to create a plan that meets your needs and aid in the assessment process.
Mergers and Acquisitions:
Involvement in a merger or acquisition can take months and having a partner to walk you through the maze of requirements is essential. When needed, the attorneys at Oliver & Cheek, PLLC can offer legal analyses and solutions to advance your goals—all while avoiding unnecessary expense. We realize there’s no “one size fits all” strategy when it comes to mergers and acquisitions and will work with you to obtain the resolution that is most fair.
Commercial Real Estate, Purchases, and Leases:
Our team assists clients with numerous types of real estate transactions, including the sale and purchase of commercial real estate, property management, property development, landlord/tenant issues, and related matters. Oliver & Cheek, PLLC can also make sure there are no prior or existing litigation or insurance claims affecting the property. Whether you are a buyer, seller, or lender, we can handle any aspect of your residential or commercial real estate transactions.
Tax Planning and Controversies:
The experienced team at Oliver & Cheek, PLLC possesses a wealth of tax law knowledge. Our attorneys can help clients avoid controversies and save money in taxes, interest, and penalties by helping plan transactions and structure operations. Contact our office for assistance if you need personal tax assistance or help fighting a business audit or other controversy.
State and Federal Civil Litigation:
Is your business faced with partnership/corporate disputes, trademark/copyright violations, unfair competition, contract disputes, or breach of contract? Our team can work in both state and federal court to secure successful settlements in even the most complex disputes via trial, appeals cases, or administrative proceedings. When dealing with such matters at the government level, you’ll want a partner will extensive knowledge in this field to help navigate the process.
For more information on any of these business issues or to schedule a consultation, please contact Oliver & Cheek, PLLC by calling (252) 633-1930 or visit www.olivercheek.com.