The Law Offices of Christopher D. Sposato
Law Blog
Selecting the Appropriate Entity Structure for Your New Business
So, you have decided to start your own business . . . . . ? Congratulations!!!
Whether it is going to be a small individually run shop, or a larger multi-employee enterprise, one of the first critically important decisions that you must make is “What type of business entity and structure should I use?” The Internet doesn’t provide in-depth thoughtful answers to this question. Only your Business Lawyer, often is discussion with your CPA or tax advisor, can perform the proper analysis for you to select the most appropriate entity type and business structure.
The Law Offices of Christopher D. Sposato will advise you to select the correct answer to this question.
We will spend time with you to understand your business vision and your immediate and longer term plans.
What type of business is it?
What are its capital requirements?
Do you have, or will you have partners, other “members” or shareholders or “silent investors?”
Will you be hiring employees and/or using independent contractors?
Will your business and its work expose you to personal liabilities in the event something goes wrong and someone is physically, emotionally or monetarily injured?
Do you intend to raise capital from Friends? Family members? Outside investors? The Public? Will they be “owners” or “Lenders?”
Where will you operate? Just Locally in one location? Do you see branching out to multiple locations? Different States? Internationally?
Do you intend to take out your earnings/profits each year or do you expect to retain them within the business to accumulate from year to year?
What will be your and the new company’s accounting and tax situation?
These and other questions help us formulate an answer to what type of business entity and structure will be best for you. We can recommend the simplest, a sole proprietorship, to one of the most complex, a limited liability partnership, and others in between such as a limited liability company – an LLC – or a “C” or “S” Corporation.
Once we help you select the most appropriate entity type and business structure, your Business Attorney will draft the necessary organizational documents and instruments for the type of company selected, and prepare associated contracts and documents that will be required to ensure smooth operation and governance for the entity and for the inter-actions among you and your other partners, members or shareholders. As necessary, the organizational documents and instruments will be filed with local and State governments.
The Law Offices of Christopher D. Sposato offers free consultations to discuss your legal and business needs. Contact our office by Telephone at 203-905-0268 or by e-mail at cdsposato@integrity-resources.com.
Protecting your Business Name and Logo for your Products and Services - What are Trade Marks, Service Marks and Copyrights?
So, you have the next best ideas for making a fortune . . . . ?
Are you about to set-up your business or you have just done so? Or, maybe you’ve been in business for a while but have a new flash of brilliance. Or you see that your business is expanding and people actually recognize your company name and logo? Do you have a great product with a name that is special and you don’t want anyone else to use it? Do you have a jingle, a poem, a written work, a piece of art or photo, or a song that is unique? Do you have a long list of recurring customers that fuel your revenues?
If you answered yes to one or more of these questions, your business has a case of “Intellectual Property.” No, this is not a bad disease. It is one of your money making tools – and perhaps your best asset. How should you protect this important resource?
When you have a unique, or catchy, or special name or a logo that is associated with a product you make or a service you provide, you can protect against anyone else using that name or logo with other similar products or services they sell.
If you have written a jingle, or written some piece of literature, or have a beautiful original piece of art or photo you can protect against others using it for their benefit unless they get your permission and usually pay you a license fee or royalty.
You have a case of “Intellectual Property” and need specialized legal guidance to put in place appropriate legal protections to stake your ownership claim and ensure no one else can use that intellectual property.
Call The Law Offices of Christopher D. Sposato who will review your information and consult with you about pursuing the legal protections offered by the United States’ Government through the laws governing Copyrights, Service Marks, and Trade Marks. Also, if you have designed and created an invention, or an improvement to an existing product, we can guide you in applying for and pursuing Patent Protection through our associates.
The Law Offices of Christopher D. Sposato offers free consultations to discuss your legal and business needs. Contact our office by Telephone at 203-905-0268 or by e-mail at cdsposato@integrity-resources.com.