Are you searching for an experienced business attorney to create the business formation of a corporate entity in San Diego? The Watkins Firm has more than 40 years of experience in business formation of corporate entities for business, real estate, construction, tech, medical practices and Management Services Organizations or MSOs, healthcare entities and multi-entity conglomerates.
We will help you to create a Limited Liability Company or LLC, S or C Corporation, Professional Corporation or PC, non-profit entity, Management Services Organization or MSO or Limited Partnership. We work with you to custom tailor supporting documents such as the operating agreement for an LLC or a corporate shareholders’ agreement as well a corporate articles and bylaws. The Watkins Firm works with you through every aspect of business formation to make sure your entity is completely formed and ready for business.
The Problem with Download Sites
If you are serious about business then downloaded forms won’t get the job done. The problem with download form sites is that corporate documents need to be custom tailored to the unique aspects of the company you are in the process of creating. There are dozens (more than 100) custom clauses which could be option “a”, option “b” or none of the above.
Sure, it’s easy to get a boilerplate set of forms and register with the Secretary of State and you’re in “business.” However, let’s take a look at things from a startup perspective. The reason you have a corporate entity is to separate yourself and your personal assets from the debts and liabilities of the company you are establishing. This is known as the corporate veil. If the corporate documents are not in order, the first time any type of dispute arises opposing counsel simply pierces the corporate veil to come after you personally for the debts and liabilities of the company.
After 40+ Years as a Business Attorney I Can Tell You – It’s Not a Matter of “If” It’s a Matter of “When”
After more than 40 years as a business attorney here in San Diego I can tell you, for a fact, if you are involved in any form of genuine business it isn’t a matter of “if” you are going to sued, it’s a matter of “when.” The most common business disputes and lawsuits are over money. Disagreements between the members of an LLC or the shareholders of a corporation.
Disputes don’t arise during the business formation of a corporate entity in San Diego or when a company is struggling or failing. The number one issue at the center of most business lawsuits is money. The more successful your business is, the more likely a dispute about money is going to arise. So, how can you put a stop to these things before they ever arise?
If This is “You, Inc.” No Worries. If There are 2 or More Partners, Members, Shareholders, Etc, Read On!
If this is just basically you, Incorporated, you have much less to worry about. If you need to add an investor or 2 down the road, keep us in mind and come see us.
However, if you intend to generate any substantial amount of profit, or, if there are going to be 2 or more members, shareholders, partners, etc., read on!
The corporate articles and bylaws generally cover what the company is about and how it will conduct business. The operating agreement in an LLC and the shareholders’ agreement in a corporation govern the relationship between the owners of the corporation and everything that might come up down the road. The cost to sit down with an experienced business attorney to discuss your corporation and get the corporate documents tailored to your unique business is minimal.
It’s better to have these discussions at the outset, when everyone is excited and pulling together. What do we need to know about commingling and keeping the business separate from your person? What happens if one of the owners or investors has a serious health issue down the road, passes away or files for personal bankruptcy? What happens if one of the owners gets a divorce? Their ownership position could be split with their spouse and now you have an angry spouse who knows nothing about the company trying to exercise ownership rights?
If you take the time to get it right up front, then, when you start making real money down the road and someone wants to “discuss” it, you can simply point to the operating agreement or shareholders’ agreement and say “we discussed that up front; This agreement tells us exactly how to handle the money.” You have complete flexibility to change things as you go and grow.
Finally, the quality of your corporate documents and corporate governance over the life of you business will have a significant impact on the amount it is worth when it comes time to merge with another company or sell the business.
You Need an Experienced business attorney to Manage the Business Formation of a Corporate Entity in San Diego
You need an experienced business attorney to manage the business formation of a corporate entity in San Diego. You need the experience and common sense approach of the Watkins Firm. We aren’t here to bleed you for cash at startup. We actually prefer to invest a bit in you at the outset in order to help you grow and prosper down the road. After more than 40 years of experience in business and corporate formation, I can tell you it is an exciting time, it is also a time to get things right.
We want to be a part of and contribute to your successful journey. We invite you to review our podcast Episode 2 – Starting a Business as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
