Business & Corporate Law

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Business and Corporate Law

The experienced staff at McCarty Law Offices, PLC serves clients with a wide variety of services for both Michigan and Florida businesses. We work hard to provide our clients with practical and useful advice for starting, managing, and growing their business. We also serve our clients with proactive and effective representation to protect their legal interests in the event of a dispute. We only resort to litigation as a last option. This saves our clients hassle, time and, of course, money. Our innovative staff will work hard to resolve any conflict by creative and effective strategies including advanced negotiations, business mediation, and alternative dispute resolution so that our clients can get back to work.

Entity Selection and Business Formation/Incorporation
The choice of which legal entity to use for a business is one of the most important decisions that a start-up venture will face. In Michigan and Florida the most common options for operating a business are a limited liability company (LLC), S corporation, or C corporation. There are a number of factors that must be considered when deciding which entity to use for operating a business. These factors include tax, legal, and operating considerations.

Although it is possible to form a business through incorporation services like LegalZoom or Rocket Lawyer, it is important to remember that incorporation services do not provide legal advice and cannot provide their customers with legal analysis on the important entity selection issues that each start-up company faces. This analysis can only be provided by a competent business law attorney. We provide our clients with this analysis and also help our clients with preparing and filing the paperwork necessary to form and organize a Michigan and Florida business entity.

Purchase and Sale/Transfer of a Business
We have extensive experience in the preparation, negotiation, and review of business purchase/sale contracts and buy-sell agreements. We have represented both buyers and sellers in business transfer transactions in a wide variety of industries.

In each business transfer matter that we work on, we consult with our clients and listen carefully to their goals and wishes. We then work hard to make sure that the transaction documents fairly and accurately represent the best deal possible for our clients. We also work to make sure that any transfer of a business is done in a way that is the most tax efficient possible for our clients.

Business Formalities and Operations
We regularly provide our business law clients with ongoing legal representation with respect to issuing and transferring corporate stock/shares, preparation of corporate minutes and business records, compliance with regulatory guidelines and requirements, compliance with annual State business filing requirements, tax issues/planning, and numerous other legal aspects of operating a business.

Although some business owners do not like to deal with these items, they are important for maintaining the ongoing viability of a business enterprise and for obtaining and maintaining all of the various legal protections that are afforded to properly formed and maintained business enterprises.

Failure by a Michigan or Florida business to properly follow and maintain the business formalities that are required under State law can have disastrous consequences for that business and its owner(s). It is crucial that any business operating retain competent legal counsel to advise regarding these issues.

Commercial Real Estate
We have extensive experience in representing clients in a number of different commercial real estate transactions and deals. These include the purchase and sale of commercial real estate, leases, financing, and construction/development matters.

We understand that from a legal perspective, the key to successful real estate deals and transactions is to fully understand the client’s business goals, assertively advocating the client’s position in contract negotiations, and then accurately documenting the deal reached on behalf of the client.

We also understand that the role of a commercial real estate attorney is to help the client get the deal done while at the same time working tirelessly to provide the client with as much legal protection possible.

Business Succession
We provide our business clients with practical and effective legal representation in business succession matters of all kinds. We draw on an interdisciplinary approach to advise and represent clients in business succession matters so that our clients’ financial and legal goals can be reached in the most legally effective and tax efficient manner possible.

We understand that a successful business succession involves many moving parts and we strive to work well with our clients’ other advisers such as accountants, CPA’s and financial planners in order to craft and achieve a business succession plan that secures and rewards our clients for the hard work they put in while building up their business enterprises.

We also understand that business succession matters often involve our clients’ lifework and therefore often present sensitive issues that must be dealt with carefully in order for our clients to successfully implement a legally sound and operationally viable business succession plan.

General Business Transactions
We assist our business law clients with preparing, reviewing, and negotiating a wide variety of general business transaction documents. These documents include contracts, bills of sale, franchise agreements and disclosure documents, equipment purchase agreements and leases, licensing and distribution agreements, as well as many other kinds of general business/commercial agreements.

We will work hard to provide our business clients with timely, proactive, and useful legal representation in their business law matters.

Tax Exempt and Non-Profit Organizations

Non-Profits
From the forming of a non-profit organization to obtaining tax-exempt status from the IRS, to complying with federal and state laws governing fund-raising and operations, the advice of experienced legal counsel is crucial at every stage of development.

Leaders of the non-profit organization are focused on developing its mission and resources. Guidance from legal counsel with special expertise in federal and state laws applicable to non-profit organizations enables leaders to grow the organization with the assurance that legal requirements are being met.

We have the experience, expertise, resources, and archives to provide the answer you need, when you need it.

Incorporation, Tax-Exemption, State and Federal Regulatory Compliance
We advise in regard to options for the formation of a new non-profit organization, draft the necessary documents to create the organization, and secure IRS recognition of tax-exempt status. We also provide state charitable solicitation registrations for 501(c)(3) organizations, as may be needed. These services are usually provided on a “fixed fee” basis.

Get It Right From the Start
When you retain us to create the non-profit organization and obtain recognition from the IRS of its tax-exempt status, you are getting much more than documents. You receive a comprehensive consultation to make sure you understand formation options and governance options.

Business Entities

  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • S-Corporation
  • C-Corporation
  • Nonprofit Organization

Essential Services

  • Entity Selection
    Consultation services regarding the structure of your future business so that you can make an informed decision
  • Business Formation and Incorporation
    our staff takes the guess work out of the process by drafting the appropriate documents for your future business
  • Transfer of Ownership
    whether you are buying or selling a business, our staff can handle the process
  • Essential Documents
    From Bills of Sale, to Service Contracts, let our experienced staff provide you with the tools needed to build and protect your business

We understand that the key to your success in business is the relationship that you maintain with your customers, business associates, employees, suppliers and distributors. Legal turmoil can challenge the stability these relationships and lead to lost profits. For this reason, our philosophy involves a proactive approach to prevent conflicts before they start so that you can earn maximum profits. This involves a thorough understanding of the expectations and goals of each party involved during negotiations, contracting, and execution of your business agreements.

McCarty Law Offices, PLC serves a wide variety of clients involving business related legal services for small to mid-size operations. Our qualified staff provides legal assistance and representation involving the preparation, review, and negotiation of a wide variety of business transaction documents. We also provide our clients ongoing legal services utilizing an interdisciplinary approach so that our clients’ financial and legal goals can be reached in the most effective and tax efficient manner possible.

Essential Services

  • Commercial Real Estate
    Legal assistance concerning leasing, financing, construction and development of commercial real estate projects. Click here for more information regarding personal and commercial real estate services
  • Operations
    Legal assistance regarding documentation and record keeping, government regulatory compliance, filing, and financial record keeping
  • General Business Transactions
    Purchase and sale contracts, bills of sale, franchise agreements, disclosure documents, licensing, distribution and other forms of transactional legal services
  • Corporate Tax Services and Representation
    Click here for more information regarding personal and business tax services
  • Business Succession Planning
    so that your business continues to be productive in your absence, and long after your retirement

The experienced staff at McCarty Law Offices, PLC is here to help you navigate the complex process of business law. Let us explain how the system works and provide you with the legal tools.