Business Formation Law Blog

Starting a Business

Friday, February 3, 2012 by Tamara R. Cornish

In the beginning…

Starting your own business isn’t a simple task given the rough economic and heavily regulated environment today. You must understand what is necessary to accomplish your goals. You need vision and a plan.... Read More

Posted at 15:49 PM  |  PERMALINK
Topic: Business Formation

Should My LLC Have An Operating Agreement?

Wednesday, January 25, 2012 by David H. Savidge

While you are not legally required to have an operating
agreement in Colorado, it is generally recommended, particularly when there is more than
one owner.

A limited liability company (LLC) is formed by filing
Articles of Organization with the Colorado (or other state’s) Secretary of
State. Once formed, all rights of the LLC and its owners, referred to as
“members,” will be... Read More

Posted at 13:06 PM  |  PERMALINK
Topic: Business Formation

Asset Protection for the Business

Thursday, November 3, 2011 by D. Michael Trainotti

Does an individual’s asset protection planning also mean that his or her business is protected?  The answer is no. Sorry, there simply is no silver bullet for everything.

If a business or professional practice owned by an individual is sued, it puts the assets of the business or professional practice at risk. Any personal-level asset protection planning he or she has in place will not protect the assets of the business or... Read More

Posted at 15:29 PM  |  PERMALINK
Topic: Business Formation

What Are Some Entity Choices in Florida?

Monday, May 30, 2011 by James W. Martin

There are many kinds of entities. Partnerships, corporations and limited liability companies (LLC) are the most common. There are also limited partnerships (LP), limited liability partnerships (LLP, and limited liability limited partnerships (LLLP). Let’s start with the common and work up to more the complex.... Read More
Posted at 20:40 PM  |  PERMALINK
Topic: Business Formation

The Unlimited Liability Sole Proprietorship

Monday, May 30, 2011 by James W. Martin

Let’s say you are starting a business all by yourself. No partners, no investors, just yourself. Which would you choose: to do business with unlimited personal liability or to do business with limited personal liability?  Well, unless you like to be sued, you would choose to limit your personal liability. How do you do that? In Florida you do that by forming a corporation or a limited liability company. If you go into business by yourself without an entity, then you are a so... Read More
Posted at 20:38 PM  |  PERMALINK
Topic: Business Formation

How Not to Name Your New Business in Florida

Monday, May 30, 2011 by James W. Martin

In all the excitement of starting a new business, coming up with the name is probably the most fun, challenging and difficult items in your checklist. It gets even more exciting when you consider the legal aspects of naming a business. Business names often become trademarks because they identify the source or origin of goods or services. Trademarks are protected in all states as well as federally. There are millions of other businesses in the U.S. This means there is a high risk of choosing a na... Read More
Posted at 20:36 PM  |  PERMALINK
Topic: Business Formation

Ten Steps to Starting a Business in Florida

Monday, May 30, 2011 by James W. Martin

Here are 10 steps to starting a business in Florida. Sure the economy sucks. But for many people, this is the best time to start a business. It’s one way to create another revenue stream. And it’s not difficult to start. And there’s no better place than Florida. In fact, it’s the most popular state for opening a business. More new businesses are opened in Florida than any other state. So here are the 10 steps to opening a business in Florida:... Read More
Posted at 20:34 PM  |  PERMALINK
Topic: Business Formation

What Type of Entity Should I Form for My New Florida Business?

Monday, May 30, 2011 by James W. Martin

Forming a new business in Florida usually means creating a new entity. Otherwise it’s just a sole proprietorship with unlimited liability. The most common entities for new Florida businesses are corporations, LLCs and partnerships. Here’s a quick review of the pros and cons of each type of business entity in Florida.... Read More
Posted at 20:31 PM  |  PERMALINK
Topic: Business Formation

What Are Articles of Incorporation and Bylaws

Monday, May 30, 2011 by James W. Martin

Articles of Incorporation is the title of the legal document that is filed with the Florida Division of Corporations to form a new Florida corporation. Articles of amendment are filed to amend the articles of incorporation. The articles of incorporation state such matters as the corporation’s name, address and other matters.... Read More
Posted at 16:45 PM  |  PERMALINK
Topic: Business Formation

What Are Articles of Organization and Operating Agreements?

Monday, May 30, 2011 by James W. Martin

Articles of organization is the title of the legal document that is filed with the Florida Division of Corporations to form a new Florida limited liability company LLC. The articles of organization state such matters as the LLC’s name, address and other matters. The articles of organization prepared by Pinellas County business attorneys usually contain more legal clauses than the very simple articles provided for online filing by the Secretary of State, such as names and addresse... Read More
Posted at 16:44 PM  |  PERMALINK
Topic: Business Formation
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