Tampa Business Lawyer

Business Entities

LLC or corporation? “S” o” “C” corporation? What does “disregarded entity” mean? If I have an LLC can I be sued individually? Should I incorporate in Florida, Delaware, or Nevada?

These are but a few questions that the typical client has when determining what business entity to form. BACC can help you decided what the best structure is for you. BACC focuses on reducing income tax liability and provide flexibility in growing the business. BACC looks to how the business will grow, what investors might look for and how best to anticipate that growth and create the most efficient structure to meet those needs.

When it comes to selling ownership in your business to raise capital, otherwise selling a security, it can be much more complicated. Does the sale have to be registered with the Securities and exchange Commission? Does it qualify for an exemption under Rule 504 or 506? Is a Reg. D filing necessary? Is there enough treasury stock to sell to an investor or do the articles incorporation have to amended? These, and many others, are the questions that plague selling stock or ownership interest to the public or to private investors. If you find yourself in this situation, BACC can help.

Non-Profit Formation

Forming a not-for-profit corporation is simple. But, did you know that to get and keep a tax exempt status, e.g. 501(c)(3) status, which is primarily used to market that donations are tax deductible, an organization as to have i) a prohibition against political spending, ii) a conflict of interest policy, iii) at least three directors and iv) a provision stating that the assets upon liquidation will be sent to another tax exempt entity. And, did you know you have to register with the Department of Agriculture of Florida to solicit for donations? Staying compliant with the various not-for-profit laws is difficult but BACC is here to help you comply and thrive in the non-profit marketplace.

Buying and Selling Businesses

BACC is Tampa business law firm that has helped clients purchase millions in businesses. Large and small deals. Cash and financed deals. BACC has seen it and helped its clients mitigate risk in the transaction documents but more importantly, get the deal done. Buying/Selling a business is a huge decision and having BACC on your team can help with your due diligence and decision making process. Somethings BACC can do you for are i) drafting letters of intent to begin the due diligence process, ii) drafting deal documents including purchase agreements, non-complete agreements and finance agreements and iii) closing the documents by exchanging documents and money in a safe and secure manner.

Business Partner Agreements – Shareholder/Stockholder Agreements, Operating Agreements, Partnership Agreements

Agreements between the owners of a business regulate their relationship. It is important to begin a business venture with a clear understanding of each ones responsibilities, duties and commitments. It’s also the best time to solve some of the hardest issues facing business owners because at the time of starting a business, everyone is still friends. When a business fails, needs to be split up, a partner wants to quit, etc., the legal issues become more and more burdensome.

When our Tampa business lawyer drafts business owner agreements, he tries to address the most common issues business owners might have, such as:

• What happens if a partner wants to quit?
• How do I get my investment out?
• Who determines when money is taken out of the company?
• Who is allowed to manage the company?
• If my ex-spouse wants my interest in the company in the divorce, how do we handle that?
• What happens if I die or become disabled?
• Can I buy you out? Can you buy me out?
• Can I sell my interest to a third party? Do you have to approve of it?

Contract Drafting

Long gone are the days when a hand shake sufficed. While some businesses are still trustworthy that a handshake suffices, most aren’t. And, that’s why BACC helps its clients with a variety of contracts.

Employment/Consultant/Independent Contract Agreements. These are primarily used to detail three things: i) when and how payment is made, ii) what work and when is it delivered to the client and iii) what non-competition restrictions are being placed on the employee (non-compete provisions, non-solicitation provisions, non-circumvention processions, etc. These three points, if not delineated in an agreement of some sort will always rear their ugly heads when you least expect it and can wreak havoc on a business. Time and time again BACC has seen clients, customers, mailing list, intellectual property, and trade secrets stolen from a business by one of his, formerly, trusted employees and/or consultants. Its important to protect the company from such infringement and the best way is to use some sort of agreement between the employer and the employee/consultant.

Other agreements we draft are Employee Handbooks, Non-competition Agreements, Recruiting/Staffing Agreements, Service Agreements, etc. Contact the Tampa business law firm for a free consultation today at (855) 521-2222.