Small Business Law
Examples of Services Provided
• Incorporations, for-profit and not-for-profit
• Limited Liability Companies
• Partnership Agreements
• Trademark and Copyright review and registration
• Contract Preparation and Review
• Confidentiality Agreements
• Non-compete Agreements
• Employee Agreements/Policies
• General Workplace Compliance Issues
• Act as your registered agent (at no extra charge)
Prevention is our philosophy! In our experience, when a small business owner has regular access to a small business attorney he or she can save the business money and be more efficient by allowing the attorney to review contracts, advise about employee issues, review corporate form or your corporate name prior to making final decisions. Often, the most costly legal controversies we handle were preventable if the business owner had consulted with an attorney early in the process.
Choosing and Maintaining the Correct Business Form
One crucial area of law that small businesses fail to consider carefully is the type of business form (or business entity) they should adopt. The type of business entity you choose for your business may have important legal consequences for your personal liability, for your level of management and control over business decisions, for your ability to raise money to expand, or for the level of state and federal taxes you pay.
Florida offers a business a number of different entities from which to choose, which include:
• a sole proprietorship;
• a (general) partnership;
• a limited liability (general) partnership (L.L.P.);
• a limited partnership (L.P.);
• a limited liability limited partnership (no, that is not a typo!) (L.L.L.P.);
• a limited liability company (L.L.C.);
• an S corporation;
• a C corporation; or
• a not-for-profit corporation.
What type of business entity is right for your business depends on ...
• the nature of your business (flower shop vs. a gas station);
• your long-term goals (keep it simple and small vs. expand, expand more);
• your financial situation (you have lots of money in the bank vs. no money, but great ideas);
• your level of risk (no personal obligations, please vs. bring it on!);
There are many other personal, financial and business considerations to consider prior to choosing a business entity. Even if you have been in business for many years, call and allow us to help you review your business form. Even if you decide to keep what you have, there is peace of mind in going through the analysis.
Creating and Reviewing Contracts
Aside from choosing the proper business entity, using the proper contracts, invoices and forms in your business may help prevent legal problems. Each business has its own unique issues; using a form contract you downloaded from the internet or purchased at a store may not be appropriate or sufficient for your type of business. Allow us to review your current contracts or to create a customized contract unique to your type of business and the types of clients with whom you regularly do business. For example, it is usually not a good practice to use the same contract with other business clients (business to business deals) as you would use with consumers.
Also, if you regularly sign contracts to lease equipment, rent office space, lease property, or to purchase goods from vendors, we can review these contracts and help you decide what, if any, changes you should negotiate to protect your rights.
Workplace and Employer-Employee Issues
Finally, whether you have one or more employees, understanding the laws that govern the workplace and the employer-employee relationship can help you avoid possible lawsuits and help you comply with existing laws and regulations. Allow us to provide you with a check-up regarding your current workplace practices to determine what actions, if any, you should take to prevent legal problems and/or to come into compliance with state and federal laws. For example, maintaining good employee records regarding wages and discipline can help you if an employee accuses you of violating the Fair Labor Standards Act or challenges his or her denial of unemployment compensation.
Rory B. Weiner, P.A. is a law office practicing Business Law, Civil Litigation, Real Estate Law, Closing Services, Probate and Wills & Trusts.
Our Law Firm office is located in Brandon, Florida at the Lumsden Executive Park.
We also represent clients in Riverview, Apollo Beach, Seffner, Valrico, New Tampa,
South Tampa and the surrounding Tampa Bay Area.