Business Law, Business Regulation
Business law encompasses the formulation of a new business entity and the issues that may arise as existing entities interact with the public, other companies, and the government. To better understand the role of business law within the legal system, it is helpful to view businesses as entities separate from their employees and owners. To ensure every business entity in the marketplace is given a fair opportunity to succeed, legal regulations are enforced. A system regulated by legal rules not only benefits the entities, but also the economy as a whole, providing for more efficient transactions.
The Health Law Firm and its attorneys routinely represent our clients in the following areas of business law:
- Business Formation
- Business Transactions
- Buying and Selling Businesses
- Business Litigation
- Small Business Counseling
- Business Dissolution and Disputes
- Partnership and Shareholder Disputes
- Non-Profit Representation
A new business will need to take the proper steps to comply with the law, even before their opening. Attorneys are frequently requested to aid their client in filing the necessary documents with the Secretary of State as well as in aiding the client in choosing the business entity that is best suited for their company. A business entity may be formed as a:
- Limited Liability Companies (LLC's)
- Sole Proprietorships
- And other entities
A majority of these forms of entities may be further customized to meet the particular needs of the enterprise. An example of this customization includes corporations formed as "S-Corps" as a way to achieve tax savings, and partnerships formed as "limited" partnerships" that allow some owners to be involved in the company as investors only.
Dissolution of Business Entities
The decision to terminate or end a business, whether it be a family-owned enterprise, limited liability company, corporation, or partnership, may be unavoidable due to multiple reasons which may or may not be voluntary. There are a multitude of reasons why a business dissolution may develop, including but not limited to a:
- Business failure
- Dispute between partners, shareholders or stakeholders
- Death of an owner, partner, or other party
- Inability to pay creditors
- A large judgment against the business entity
- Breach of fiduciary duty
Dissolving a business is a legal process; an experienced attorney well-versed in state and federal requirements can ensure all of the legal obligations and issues of the entity are completed adequately. If a business entity is not dissolved correctly, liability for the debts of the entity may be passed on to the owners. If you find yourself in need of a dissolution, contact The Health Law Firm. We will devise and implement an exit strategy aimed at legally protecting you and your interest.
Disputes will often arise between the owners of a business that the individuals are unable to resolve on their own. A dispute between the owners can be stressful and emotionally draining. Therefore, when the partnership has gone bad, you want to know where you stand and what rights you have. The Health Law Firm and its attorneys can assess the duties that may have been violated by other partners, such as breaches of partnership, or bylaws, or the statutes governing the coronations.
If you are involved in a partnership breakup, contact The Health Law Firm and we will discuss your available remedies such as mediation, arbitration or litigation, including actions to dissolve the partnership.
Business owners are capable of handling some commercial transactions. However, commercial transactions that involve complicated and evolving areas of the law, such as securities regulation or internet commerce, require a business owner to seek legal counsel. In particular, heavily regulated industries rely on attorneys to provide advice regarding the latest legal developments that may affect its business.
Measures to Avoid Litigation
The area of business law provides companies with rules and guidance for them to follow to prevent disputes from occurring. An experienced attorney will construct transactions to minimize the businesses' exposure to litigation. This type of legal maneuver may end up saving a business money and give them a greater competitive advantage.
Contact an Experienced Attorney
The Health Law Firm and its attorneys routinely represent business entities with buy/sell agreements, mergers, transactions, acquisitions, dissolutions, and formations of new business entities. The success of a business entity may depend on obtaining legal advice.