BUSINESS & CORPORATION LAW
Business Law is a major emphasis of the firm. Mr. Crockett has over 30 years of experience in Business Law matters, Business Law trials and lawsuits. Business legal documents are carefully prepared with the concept that they must be understandable and enforceable in a court of law.
PLEASE CALL and an attorney will speak with you about your situation.
Business Formation and Structuring
- Formation of corporations, partnerships and limited liability companies for startup companies and established businesses. Determine the best legal form in which to conduct business after considering tax and legal liability issues.
- Get tax ID numbers and other needed government approvals to conduct business.
- Work with your CPA to make sure the money put into the business is properly documented in the business books and legal records.
- Businesses which are family owned or not publicly traded have special legal needs which are handled such as: ownership succession plans, stockholder buy-sell agreements, right of first refusal on sale, death, or retirement, asset protection, trade secrets, and trademark law advice.
- Estate planning including wills and living trusts for principals of businesses.
- Sale and transfer of shares or stock in closely held businesses.
Business Operations and Debt Collection
- Prepare and advise on legal filings and corporate minutes needed to keep the company in compliance with the laws.
- Contract and business deal representation including negotiations and document preparation.
- Aggressive and persistent representation in business collection of money owed. We can file lawsuits, attachments, and work on Judgment Collection.
- Filing a collection lawsuit is easy. Actually collecting the money can be very difficult. Also, if you sue you may get sued back so we consider this as part of any money collection effort.
Business Lawsuits
- Aggressive and persistent representation in business and real estate lawsuits. Business lawsuits include contract and investment disputes, money owed, and collections.
- Stockholder lawsuits and company ownership disputes.
- Advise on how to stay out or get out of costly and unproductive lawsuits and negotiate settlement to avoid litigation.
The Three Taxes
Every business situation may involve one or more of these four taxes: Sales tax, income tax, property tax, and/or estate taxes. We analyze these tax effects of any business case or transaction before proceeding because the taxes can be very significant.
Income Tax and Finance
- Advance planning of business transactions, purchase and sale of property, buildings, and equipment to maximize tax benefits. Advise on legal aspects of business loans and equipment leasing.
- Review of business income tax returns as well as the returns of the business owners to coordinate the entire tax situation.
- Advise and prepare corporation elections and other tax saving techniques such as pension, profit-sharing, medical reimbursement and other employee benefit plans.
- Prepare corporation board minutes and other documents needed to comply with the tax laws.
Buying and Selling a Business
- Before a business is bought or sold, the legal and tax aspects are considered. Advise on what documentation and records to obtain and where to obtain them. Review and explanation of these types of records.
- Negotiation and preparation of legal contracts, escrow instructions, and agreements in connection with business acquisitions and sales.
- Preparation and review all needed security agreements, UCC documents, mortgages, trust deeds, bills of sale, and leases.
Useful Websites
Bank Rate Monitor http://www.bankrate.com/brm/default.asp
Business valuation & discounts http://www.businessvalue.com/
California Dept. of Corporations-Forms http://www.corp.ca.gov/forms/formslist.htm
California Secretary of State Forms http://www.sos.ca.gov/business/business.htm
Copyright Law Basics http://library.findlaw.com/1999/Jan/1/241476.html
Free Annual Reports http://www.prars.com/
Full-text state statutes and legislation http://www.prairienet.org/~scruffy/f.htm
Patent & Trademark Basics http://library.findlaw.com/1999/Jan/1/241479.html
SEC EDGAR Filings http://www.law.uc.edu/CCL/
Thomas (Pending Legislation) http://thomas.loc.gov/
Trade Secrets Caselaw Database http://www.asksam.com/halligan/
US Securities and Exchange Commission http://www.sec.gov/