Sibert Law

For many workers, becoming an entrepreneur is the path to financial freedom.  When a person decides to make the transition from employee to business owner, they often have many legal questions.  In addition to our work in the area of franchise law, we offer a vast array of services for new and existing businesses. 

Sibert Law is a trusted partner in business legal matters ranging from contract review for commercial and business transactions, corporate governance and regulatory issues, document negotiations, contract drafting and review.  Do you know that as a business owner the legal structure that you select can impact the amount of taxes you pay and whether your assets are adequately protected?  Our firm can help individuals answer the age old question – what type of business entity should I choose, C corporation, S corporation, limited liability company (LLC), sole proprietor, limited partnership, or professional corporation? 

For new business owners we make starting a business as easy as possible.  Please ask about our START SMART PACKAGE that includes everything necessary to get your business up and running with ONE simple phone call at ONE flat rate. 

We also offer a host of legal services including the following: 

• Entity formation including corporations, limited liability companies, partnerships, and business trusts
• Register the entity with the relevant state and local agencies, manage the legal formation process, coordinate with state and local agencies, and obtain the entity’s Federal Employer Identification Number (FEIN)
• Draft organizational documents including bylaws, corporate minutes and notices, operating agreements, consent forms, certificates, resolutions, affidavits, partnership agreements, SEC filings, etc.
• Register the company’s trade name or fictitious name on the state and/or local level
• Register the company as a foreign entity in neighboring states
• Negotiate property or equipment lease agreements
• Draft independent contractor agreements, employment or consulting agreements, supplier or vendor contracts, shareholder or buy-sell agreements, equity or non-equity incentive compensation and option plans, and assist in structuring profit sharing agreements
• Structure equity ownership, including vesting rights
• Conversions, reorganizations, dissolution and liquidations
• Corporate governance, proxies, Board of Director issues, and voting agreements
• Advise on state and local zoning requirements, permitting issues and additional business formation or operation issues
• Advise on the key state for entity formation
• Assist clients in identifying the appropriate legal entity based upon management structure, personal liability, ownership restrictions, transferability, etc.
• Commercial real estate transactions involving businesses and franchises
• Represent clients in commercial or contract disputes and claims

BUSINESS OR FRANCHISE SALE/PURCHASE:  In addition to the services above, we routinely work with clients seeking to purchase or sale an existing business or franchise.  The three (3) primary types of business sale transactions include an (a) asset purchase; (b) stock transfer; or, (c) merger.  At Sibert Law, we help you answer the following legal questions and help you tailor the transaction to your advantage: 

• Are you purchasing the business assets or the entire business and all of its components?
• Will you assume any business contracts, liabilities, debts – known or unknown? 
• Will you transfer the commercial lease, equipment lease, or vehicle lease? 
• Are the assets being transferred free and clear of any liability or encumbrance? 
• Are there pending or filed legal claims?
• Is the company in compliance with current state registration and local zoning laws? 

We also routinely act as an escrow agent and complete all necessary paperwork on behalf of the purchaser and seller.  Contact us today to learn more about our role as legal counsel when you purchase or sale a business.

For additional information on the steps necessary to purchase a business, please read this helpful article:  http://www.sba.gov/smallbusinessplanner/start/buyabusiness/index.html.