The following rules are what I consider when helping clients determine what legal form of business to create. After over 22 years as a business lawyer, I realized long ago that there is no one-size-fits-all answer to this question. I also realized there can be […]
Holding company and operating company. One of the many reasons for owning a “company” of some sort is corporate asset protection. Not only can company structures shield an owner’s personal assets from tort, contract or government levy, but one company can be used to protect […]
Online legal documents. On Facebook this morning I saw a picture of a coffee mug that said, “Please do not confuse your Google search with my medical degree”. My first thought was “same, but ‘law degree’” The internet has given the appearance of making complex […]
Last week I wrote about business asset protection through the use of a holding company (here: LINK). In addition to the purely legal aspects of asset protection, a business owner should consider the cost/benefit to using this structure before implementing such a strategy. It might […]
Terms of service for your commercial web site – they’re not important, right? Just go ahead and copy someone else’s, change the name at the top, and your business will be fine. Don’t even read them. Bury them in a link at the bottom of […]
Do I need a business lawyer? Not every business transaction needs a business lawyer. You know that. When one business sells materials to another pursuant to a purchase order, that’s a legally binding transaction, but the parties can’t possibly need or want a lawyer every […]
North Carolina just passed its crowdfunding statute, and is currently drafting regulations to implement it. The “Providing Access to Capital for Entrepreneurs and Small Business” Act – PACES – is a N.C. law that allows N.C. businesses to raise capital from N.C. investors. If you […]
The jargon of the trade calls them “inventions assignment” or even more technically “employee proprietary information and inventions agreements”. In layman’s terms, it means if you “invent” something using your employer’s tools or facilities, information provided to you, contacts, proprietary information, or related to its […]
Corporations: What Are Bylaws and Why Does Your Business Need Them? Bylaws are the structure of how your business operates. Who gets to make what decisions, who doesn’t get to make decisions, how to resolve disputes among owners, how to bring in new owners and […]
Business succession plan: I’ve been hearing a lot about business succession planning since I’ve moved to Asheville. Let’s talk about what it means to make a succession plan for your exit from your business, whether through retirement, death or disability. First of all, succession planning […]