Business Planning and Consulting
Business Formation and Development
Common Business Entities Include:
- Limited Liability Companies (LLCs)
- Partnerships (General Partnerships, Limited Partnerships, and Limited Liability Partnerships)
- Corporations (C-Corps and S-Corps)
- Not-for-Profits 501(c)(3)
- Sole Proprietorships (doing business as, or “DBA”)
- Joint Ventures and Strategic Partnerships
- Delaware LLCs and Corporations
- Wyoming LLCs and Trusts (the “Wyoming Cowboy Cocktail”)
- Business Trusts
The Team at Dom Law has guided countless start-ups, entrepreneurs, small business owners, and investors through the seemingly daunting task of:
- Conducting due diligence for the intended name of the business, trademarks and branding, and domain and social media handles.
- Selecting the correct business entity (something that most non-lawyers cannot do by simply purchasing a “form” online).
- Preparing and filing the necessary documents to give the business its legal existence, including filing articles with the state, designating a registered agent, and obtaining a certificate of status, and the business’s EIN number for business banking and loan purposes.
- Electing S-Corp status.
- Protecting the business, its members, and shareholders by preparing agreements that govern how the business will operate.
- Securing financing through private placement offerings, SBA lending, and venture capital funding.
- Establishing general corporate governance and regulatory compliance and oversight.
Things to consider when starting a business that the Team at Dom Law has experience handling include:
- Should I keep the members separate from the management by electing to form a manager-managed LLC?
- Am I seeking anonymity and additional protection for owners, shareholders, and investors?
- What is my exit strategy?
- Does franchising make sense?
- Should I seek pass-through taxation?
- How can I preserve founder interest through a properly drafted buy-sell-agreement that prevents dilution of interest?
- What is the preferred way to resolve disputes and determining alternate avenues of dispute resolution, before the dispute even occurs?
- How do we protect the business through the use of restrictive covenant agreements including confidentiality, non-disclosure, non-compete, and non-solicitation agreements, what is also known as a Trade Secret Protection Program?
Common examples of contracts and legal agreements that Dom Law is experienced in drafting, reviewing, negotiating, and implementing include:
- Nondisclosure and Confidentiality Agreements (“NDAs”)
- Consulting or Independent Contractor Agreements with requisite Scope of Engagement or Scope of Work (“SOW”)
- Executive or Term Employment Agreements with Restrictive Covenants of Confidentiality, Non-Competition, and Non-Solicitation
- Intellectual Property Licensing Agreements
- Asset Acquisition Agreements
- Employee Offer Letters and Short Form Employment Agreements
- Release of Liability and Assumption of Risk Agreements
- Purchaser and Supplier Agreements
- Purchase Agreements
- Commercial Lease Agreements
- Private Placement Memorandum and Subscription Agreements
- Equity Incentive Plan Documents and Award Agreements, including Stock Options and Restricted Unit Awards
- Joint Venture (“JV”) and Strategic Partnership Agreements
- Franchise Agreements
- Promissory Notes and Loan Agreements
- UCC Financing Forms and Bills of Sale