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Fort Lauderdale, Florida 33301
Phone: (954) 779-7009
Schecter Law

Posts Tagged ‘business structure’

Choose the right legal structure for your business

June 13th, 2011

By Mark Schecter | Comments Off

Choose the right business structureChoosing a legal structure for your business can be intimidating.

There are many factors you have to take into consideration as the structure you choose can have a lasting effect on your success.

Before you make a decision, let’s review business forms that are common in Florida:

Sole Proprietorship

Are you a lone wolf in your business? If so, sole proprietorship may appeal to you. It is the most common structure used; fairly simple and inexpensive to set-up, and just as easy to dissolve.

However, sole proprietorship does not provide much protection for entrepreneurs. You can be held personally liable for business-related debts and taxes; and you cannot take advantage of the tax breaks LLC’s and corporations receive.

Partnership

A partnership is commonly used when more than one individual has ownership in a business. While it is fairly simple to set-up, it is not always as simple to dissolve.

Like a sole proprietorship, the partners can be personally liable for debts incurred by the business, taxes and other financial obligations.

Corporation

A corporation is a legal entity and unlike a partnership, it must be registered with the state of Florida.

There are two types of corporations: c-corp and s-corp.

In a c-corp, the corporation is responsible for its business debts and there is no personal liability.

In contrast, shareholders can split business debts and tax liabilities in an s-corp, and report the corporation’s income on their personal taxes.

Limited Liability Company (LLC)

An LLC is often referred to as a “hybrid” because it has elements of both partnership and corporation structures. It must be registered with the state of Florida and there can be several shareholders involved.

As for tax liability, an LLC can decide whether it wants to be taxed as a corporation or as a partnership.

Which structure is best for you?

Choosing a legal structure for your new venture is not a decision to take lightly.

How you organize the business will affect what you pay in taxes and your personal liability for the company’s financial obligations.

Consult our attorneys for help deciding which structure is best for you. Call 954-779-7009 to schedule a consultation.

Five Essential Tasks an Effective Business Lawyer Can Handle

October 22nd, 2009

By Mark Schecter | 1 Comment »

Despite the differences between large and small businesses, they are similar in many ways. One thing most successful businesses and corporations, regardless of size, have in common is an effective business lawyer on retainer to protect and represent them at every stage of business.

Hiring a business lawyer is not mandatory for any corporation, but it is clearly the safer manner in which to conduct business. If you do not have a business lawyer on retainer, you are not alone but you are taking a huge risk that you probably can’t afford to take.

Although the benefits of hiring a business lawyer may not seem evident at first glance, but there are several you should take under consideration. Most entrepreneurs do not forego retaining a lawyer because they want to risk their businesses. They often do not fully understand what lawyers do and exactly how they can contribute to the success of new and existing businesses.

If you’re one of those entrepreneurs mentioned above, here are five (5) essential tasks an effective business lawyer can handle for your company:

1.    Business Organization
From the moment you decide to start a company, the real work begins. The way you decide to establish and organize your company in the initial stages can determine how secure and protected, if at all, your business is at the end of the day.

Not only can a business lawyer help you decide whether a partnership, sole proprietorship, corporation or limited liability company is suitable for your new endeavor, he/she can prepare and file the documents necessary to perfect your business registration with the state of Florida.

2.    Contract Negotiation and Preparation
Most important business deals are sealed with a contract, and the strength of any contract is contingent on the negotiations process. Because of this, having a tenacious and experienced business lawyer to negotiate contract terms that express and protect your business’ best interests is a safe and smart decision to make.

An experienced business lawyer can draft ironclad business contracts that represent the parties’ obligations, compensation, penalties, and other pertinent terms and provisions, and protect you if or when a breach of contract occurs.

3.    Commercial Property Lease Negotiation
When it comes to doing business with the public, the location of your business is an important factor to its success. Whether you’re looking to lease office space or a retail store in a high-end neighborhood, your lawyer can help you locate a property, negotiate the lease terms, and prepare a lease agreement that unambiguously expresses the terms of the agreement between you (the tenant) and the landlord.

4.    Purchase an Existing Business
Entrepreneurs come in many shapes, sizes and forms, and for various reasons they decide to be their own boss. With that said, not every aspiring business owner wishes to build a company from scratch. Some budding entrepreneurs would rather purchase an existing, thriving business. If this is your preference, a business lawyer can help you navigate the entire business acquisition process with ease. He/she can help you find a viable business to purchase, negotiate the purchase terms, prepare the Purchase Agreement and any other pertinent documents to complete the acquisition.

5.    Protect your Intellectual Property
As you develop your company’s identity, it is imperative that you take measures to protect it as well. This protection is even more critical for individuals that offer design-based services utilizing their creativity. A business lawyer can register your company name, logo, symbol and tag line for copyright and trademark protection to prevent anyone from borrowing your creativity and company identity.

Starting a business can be a very exciting or stressful situation, depending on your knowledge of how the process works; how your business should be set-up, organized, and managed. When you hire a business lawyer you’ll have help preparing your business plan, organizing and setting up your company, preparing valid and enforceable contracts, negotiating commercial lease terms and agreements, as well as on-demand legal support and document review services to handle any issues that may arise. If you are in search of an experienced, tenacious and effective business lawyer in the Fort Lauderdale, South Florida area, contact the business lawyers of Schecter Law today.