CORPORATION/LLC FORMATION:
Regardless of their size, all businesses can receive the following benefits from incorporating in California:
- Personal asset protection. Year after year newspaper and television headlines recap countless stories of business owners who have lost everything due to personal liability in running unincorporated businesses. In a properly structured and managed California LLC or corporation, owners are allowed to separate and protect their personal assets from liability for business debts and obligations.
- Additional credibility. Adding “Inc.” or “LLC.” to your business name can add instant authority as consumers, vendors alike prefer to do business with an incorporated company.
- Name protection. By incorporating in California, in most states, other businesses may not file your exact corporate name in their state.
- Perpetual existence. When you incorporate in California, California Corporations continue to exist, even if ownership or management changes whereas sole proprietorships and partnerships terminate when an owner dies or leaves the business.
- Tax flexibility. By incorporating in California, a corporation can avoid double taxation of corporate profits and dividends (e.g., corporate tax and personal tax by shareholders) by electing Subchapter S tax status.
- Deductible expenses. Corporations incorporated in California may deduct normal business expenses, like salaries, before allocating income to owners.
CORPORATE COMPLIANCE MATTERS:
CALIFORNIA CORPORATIONS CODE §1500 STATES: “Each corporation shall keep adequate and correct books and records of account and shall keep minutes of the proceedings of its shareholders, board and committees of the board …” Even though you may have a corporation, failure to maintain that documentation, known as your corporate formalities, could make YOU personally liable for any actions taken by the corporation. It has been estimated that 60% of small closely held corporations would fail to protect their owners in the event of a lawsuit or an IRS audit due to inadequate corporate records. We stand ready to assist your business in preparing the required corporate governance documents, including board of director and shareholder documentation as well as the required annual state government filings to maintain your corporate shield and keep your personal assets out of the line of fire for business issues that may arise.
BUYING AND SELLING OF BUSINESSES:
DENTAL PRACTICE
Mission Viego, CA
Sales Price:
$1,000,000
FLOOD INSURANCE CO.
Los Angeles, CA
Sales Price:
$1,400,000
SOFTWARE DEVELOPMENT
Lake Forest, CA
Sales Price:
$2,300,000
CONSTRUCTION CLEAN-UP
Lake Forest, CA
Sales Price:
$925,000
FINANCIAL SERVICES
Newport Beach, CA
Sales Price:
$4,000,000
As you are probably aware, studies show that over the next decade, six out of ten U.S. business owners will sell their companies! Many are baby-boomers with an eye on selling their businesses to fund their retirement. When you reach that point in time, questions start flying about what to do and how to make sure you get paid the full amount your business is worth. As I tell my clients:
You’ve got one chance to get it right when buying or selling a business.
TRADEMARK, COPYRIGHT AND TRADE SECRET PROTECTION:
We understand that in today’s marketplace, intellectual property concerns affect all aspects of one’s business – often serving as the primary assets of a company. Now, more than ever, companies must take the necessary steps to protect their valuable intellectual property. We assist clients in taking the necessary steps to secure the protection of proprietary and intellectual property and in drafting the necessary agreements to fully exploit their intellectual property whether such be procuring federally registered trademarks, service marks, trade names with the United States Patent and Trademark Office or implementing protection programs for trade secrets, reviewing their policies on these key issues and drafting agreements that will prevent valued trade secrets from falling into the hands of a competitor. We have developed a wide range of agreements covering employment, confidentiality, noncompete and noncircumvention agreements, employee raiding and customer theft with employees, suppliers and customers of our clients.
BANKRUPTCY:
Need help with insolvency issues? Up to your eyeballs in debt? Behind on mortgage or car payments? Receiving harassing collection calls? Afraid of getting negative reporting on your credit?
We can help you with bankruptcy or debt settlement procedures. Debt Settlement may be a viable alternative to filing for a bankruptcy. We can help you negotiate with your creditors to reduce your outstanding debt. When debt settlement is not an option, bankruptcy might be the best solution. Federal bankruptcy law helps individuals get a handle on their debt by allowing them to request a complete liquidation under Chapter 7 of the Bankruptcy Code and/or a repayment plan under Chapter 13.
Our Firm’s up-front involvement in the business and personal decisions of our clients allows for the early identification and minimization of potential problems that could cost hundreds of thousands of dollars in costly decisions and litigation! To schedule an appointment to discuss any of the foregoing services please call (949) 453-7979 or send a message from our contact us page to schedule an initial complimentary consultation.