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Every business starts with a bright idea and the best intentions, but before it can flourish into a successful enterprise, the proper legal foundation must be laid.
Whether you have a new company or just want to ensure your current business is legally sound, allow us to provide effective representation.
Lopez Law Group has an abiding commitment to supporting hardworking Florida business owners and can see you through the complex legal workings of entrepreneurship. Here are just a few areas in which we can assist:
- Negotiations and contract drafting
- Intellectual property
- Employment law
- Immigration law
- Collections and finances
It is important to understand that the way you form a business will have an impact on taxes and the potential amount of liability that you will have as a business owner. The Lopez Law Group works very closely with business owners of many small and medium sized offices. We can assist with formation of both commercial and residential businesses and can consult with experts who specialize in tax, accounting firms and financial planners to get your business up and incorporated. When you create a business, your partnership agreement, the articles of incorporation and the company’s bylaws are all extremely important. All of these documents will be critical if you ever find yourself in legal trouble or involved in a business dispute. The following are the most important agreements when establishing a company:
- Partnership Agreement– partnership agreements will spell out the percentages of ownership and the distribution of profits and losses, they will give descriptions when it comes to management powers and duties, it will spell out the length of the partnership and will talk about how a partnership can be terminated.
- Articles of Incorporation– the articles of incorporation essentially establish the corporation as a business entity and list details concerning name, contact info and information about stocks. The articles of incorporation will list details about the purpose of the corporation, the name of registered agents and information about the corporate office. You must file your articles of incorporation with the state’s business filing agency. Typically, there will be a fee associated with this filing and if it is approved, you will get a certificate indicating formation.
Having an attorney involved can make the formation of your business and the process less stressful. An attorney can make sure that you fully complete the forms required and make sure that you abide by all of Florida’s filing instructions. The last thing you want is to do it incorrectly and for the process to be delayed. An attorney can also assist in making sure you pay the correct fee. Once everything is established, it’s good to have a business lawyer around for a variety of reasons.
The attorneys at the Lopez Law Group have experience handling litigation concerning shareholder and partnership disputes and business contract disputes. When a business deal breaks down, or a business is facing a dispute from within, we will be able to assist. Even when businesses try their best to set everything up accordingly and partners go into the agreement with good intentions, things eventually sometimes break down. In Florida, if there is a dispute as to the way in which a business is managed or as to the finances, all of this is classified as a shareholder dispute. Often times, disputes come from one of the following:
- Violations of an agreement
- Disputes about relocation of the business, addition of personnel
- Conflicts between shareholders about various issues
- Violations regarding fiduciary duties
- Issues related to pay or compensation
Derivative lawsuits are those which a shareholder files against a third party. Typically, the person who the lawsuit is aimed is an executive or member of the board of the company. The defendants are usually accused of fraud, breach of a fiduciary duty, deceptive financial practices or some other improper action. Only shareholders or those who received shares from someone who was can file a derivative claim. Derivative claims are found in Florida Statutes Section 607.07401. This statute requires a written demand be made to the company before filing suit requesting that they correct the alleged offenses. If you do that, and you allow 90 days to pass and they reject your demand, you can then sue.
When you file a derivative action, you have the right to certain evidence including minutes of board meetings, accounting records, shareholder info, information on current directors and officers, the bylaws and other laws of the corporation.
Daily Representation/General Counsel
Day-to-day corporate governance of a business is not an easy task and an attorney can provide you with the guidance and assistance you need to make the best decisions. A business attorney can be there to mentor you and oversee tasks like:
- Corporate transactions
- Annual meetings
- Serve as your company’s registered agent
- Counsel you on your rights
- Handle various issues as they arise
- Representing you in court
One of the hardest parts of starting a business is knowing how to build your infrastructure; that includes legal representation. Whether you need simple guidance or firm representation in court, our business attorneys are here to help.
The attorneys at the Lopez Law Group are skilled in business formation and have experience helping get a business off the ground. Whether it be assistance with filing the articles of incorporation or drafting the required documents, we are here to assist. If there is a dispute between shareholders, we can step in and assist in reaching an amicable solution for all parties involved. We can be reached at 727-933-0015. We can speak to you at no cost to see if we would be able to assist you. Contact us today for a consultation!