Business formation attorney
Halt | November 27, 2022 | 1 Comment

Duties Of A Business Formation Attorney

Hiring a business formation attorney is the most crucial step any business owner should consider when starting their new entity.

When starting a new business, you might be wondering what your options are. There are many ways to form a company, including a corporation, LLC, or limited liability company (LLC).

A business formation lawyer can help you choose the best type of entity for your needs and explain the pros and cons of each option so that you can make an informed decision about how to structure your new business.

What Is A Business Formation Attorney?

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A business formation lawyer provides legal assistance in educating and advising business owners during the initial stages of their startup. They also assist in handling legal disputes regarding registration, liability protection, and taxation.

What Services Do Business Formation Attorneys Offer?

Business formation lawyers offer their services in the following areas:

  • Educating and explaining the different forms of business entities.
  • Advising on the best business formation that best suits your company’s goals.
  • Providing information to business owners concerning their liabilities, tax responsibilities, and business legalities.
  • Securing your selected business name in the secretary of the state until you decide on unification accession.
  • Drafting your business’s laws, contracts, agreements, and incorporation documents.
  • Structuring and analyzing your company’s business plans for investment purposes.

What Sort Of Risks Are Associated With A New Business Startup?

When you start a new business, there are risks involved, and business owners might be held responsible for the company’s financial issues and responsibilities.

These liabilities include providing guarantees for financial commitments and loans, tax payments and penalties, and facing lawsuits or allegations as the company’s representative.

Hiring a business formation lawyer will benefit you in selecting the best entity for your business and guide you on various legal aspects so your business can grow without facing any unexpected problems.

Why Do I Need A Business Formation Attorney?

Before starting up your new venture legally, it is crucial to register it. A business formation lawyer will assist you throughout the legal process while you pay more attention to your business plans, requirements, and future goals.

Duties Of A Business Formation Attorney

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Irrespective of the size of the company or the industry you work in, every selection you make impacts the business from the beginning to the end. During this journey, you may face legal issues and decisions that might be challenging for you. A business formation lawyer can assist you with policy formation and executing the necessary steps to start a new venture.

Below are some of the responsibilities of a business formation lawyer and how they can aid your business in achieving maximum success.

Choosing The Correct Entity

When starting a new venture, it is necessary to analyze what type of business ownership or structure benefits your business and will decrease responsibility, taxation, and record-keeping duties. A highly experienced attorney analyses and reviews the laws and statutes that work for your company and assists you in selecting the correct entity that complements your business objectives, resources, and requirements.

Counseling On Zoning And Land Use

Zoning is a city, county, or state law that regulates where businesses can be located and how they should be designed.

For example, suppose you want to open a restaurant on Main Street in your town. In that case, the zoning authority may require that it be built on a particular piece of property with parking for customers and other requirements, such as having separate entrances for pedestrians and vehicles.

A business formation lawyer can help you with zoning and land use issues.

Drafting Articles Of Incorporation

Articles of incorporation are legal documents that outline your business’s terms and conditions. These documents define the organization’s structure and purpose, who is involved, how the money will be raised and spent, and many other important terms.

Using an attorney at this stage helps ensure that all these things have been appropriately drafted into a legally binding document.

Forming Contracts

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Establishing legal contracts that limit responsibility, restrict risks, and ward off unexpected legal disputes is essential.

What type of contract you require is based on the service your company offers. Generally, lawsuits happen due to disagreement with the contract’s terms or language; hence, businesses must have formal agreements that can benefit and protect them.

An expert business formation lawyer structures various contracts for business owners wanting to start a new business. These include bylaws, buy-sell agreements, employee handbooks, employment contracts, service contracts, shareholder contracts, the release of liability, confidentiality and non-compete contracts, and partnership and LLC operating contracts.

Strategic Decision Making

Apart from providing legal assistance, business attorneys can also aid in giving suggestions on strategizing in terms of publicity or financial perspectives.

Since establishing a business demands a high level of strategic decision-making, a business formation lawyer will guide you on the prospects and risk management abilities.

 Lodging Taxes

Everyone is entitled to pay off their taxes, but very few acknowledge and respect their personal responsibilities, including companies. Also, getting hold of the idea of taxation is quite daunting since the type of business structure determines what taxes your company needs to pay.

Legal guidance from an experienced attorney will help you analyze your business’s local, state, and federal taxes. These taxes include estimated tax, property tax, employment tax, sales tax, excise tax, self-employment tax, and income tax.

Requesting Licences And Permits

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To operate according to law, getting state and municipal licenses and permissions is mandatory. Although this process is quite complex and time-consuming, a business formation attorney will help ensure your business is registered and you have all the necessary permits to run your business legally.


As you can see, a business formation lawyer can be an invaluable resource for anyone looking to start their own business. A business formation attorney can help you decide what works best for you and your company and do the legwork so that all legal details are taken care of before you even get started!

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