Monday - Thurs8AM - 5PM
Fri8AM-1PM
Offices4608 Rye St Metairie, LA 70006
PRACTICE AREASNew Business Startup Attorney – Slidell & Metairie
Starting a new business is an exciting opportunity, but choosing the right legal structure, preparing agreements, and addressing regulatory requirements can be challenging. Decisions made during the early stages of a business can have lasting effects on its owners, finances, and future growth. At Frank D’Amico, Jr., we help entrepreneurs and business owners address the legal issues involved in starting a new business, from selecting an appropriate business structure to preparing important agreements and protecting their interests.
Common New Business Start-Up Issues
- Business Structure– Choosing an appropriate structure, such as a corporation, limited liability company, partnership, or sole proprietorship.
- Business Formation– Preparing and filing the necessary documents to legally establish a new business.
- Partnership Agreements– Creating agreements that establish ownership interests, responsibilities, decision-making authority, and dispute procedures.
- Operating Agreements– Establishing rules for how an LLC will be managed and how important business decisions will be handled.
- Corporate Governance– Establishing appropriate procedures for managing a corporation and documenting important business decisions.
- Business Contracts– Preparing and reviewing agreements with customers, vendors, contractors, employees, and business partners.
- Employment Agreements– Establishing appropriate terms and expectations for employees and key personnel.
- Business Licenses and Permits– Identifying applicable licensing, registration, and regulatory requirements for the business.
- Intellectual Property Protection– Addressing trademarks, copyrights, trade secrets, and other intellectual property important to the business.
- Business Liability and Risk Management– Identifying potential legal risks and taking steps to protect the business and its owners.
Frequently Asked Questions
What business structure should I choose?
The appropriate structure depends on factors such as the type of business, number of owners, liability concerns, tax considerations, and long-term goals. Common structures include LLCs, corporations, partnerships, and sole proprietorships.
Do I need an attorney to start a business?
You are not necessarily required to have an attorney to form a business, but legal guidance can help you make informed decisions about the structure, ownership, contracts, and other issues that can affect your business in the future.
What is an LLC?
A limited liability company, or LLC, is a business structure that can provide liability protection to its owners while offering flexibility in management and taxation. The specific benefits and requirements depend on applicable law and the circumstances of the business.
Do I need a partnership agreement?
If you are starting a business with one or more partners, a written partnership or operating agreement can help establish ownership interests, responsibilities, decision-making procedures, profit distributions, and what happens if a partner leaves the business.
What contracts should a new business have?
Depending on the nature of the business, important agreements may include customer contracts, vendor agreements, employment agreements, independent contractor agreements, leases, partnership or operating agreements, and confidentiality agreements.
How can I protect my personal assets?
Choosing an appropriate business structure and maintaining proper separation between the business and its owners can help provide liability protection in certain circumstances. However, business owners should understand that liability protection is not absolute.
Do I need business licenses or permits?
Many businesses require specific licenses, permits, registrations, or other approvals depending on the industry and location. The requirements can vary significantly from one business to another.
How can I protect my business name or brand?
Depending on the circumstances, business owners may be able to protect names, logos, slogans, inventions, creative works, and other intellectual property through trademarks, copyrights, patents, trade secrets, and other legal protections.
What happens if my business partner and I disagree?
A well-drafted partnership or operating agreement can establish procedures for resolving disagreements. If a dispute develops, an attorney can review the agreement and help determine the legal options available to the parties.
How can Frank D’Amico, Jr. help with my new business?
Frank D’Amico, Jr. can help entrepreneurs address the legal considerations involved in starting a business, including business formation, contracts, ownership arrangements, and risk management. We work to help establish a strong legal foundation so business owners can focus on building and growing their companies.