Business Planning

STARTING A NEW BUSINESS IN FLORIDA

It is an exciting time in any person’s life when they make the decision to start their own business. For whatever reason they reach this conclusion, possibly because they feel that they can provide a better product, price, or service than their former employer, their feelings are often justified. Nevertheless, the Business Formation process should be taken very seriously, and should not be entered into without the help of a licensed Florida Business Planning Attorney.
To schedule a consultation with a Florida Business Planning Attorney in Fort Myers or Lee County, Florida Contact us Today!

REALITIES OF BEING IN BUSINESS

Although owning your own business can be an invigorating experience; many small business owners fail to establish a solid legal foundation at the onset of the business ownership adventure or partnership; or they forget to update their business documents as the company grows and flourishes. We at the Dorcey Law Firm advise our client to looks at their business more as an investment and not as much as a lifestyle. When someone buys an investment they generally have an end goal in mind while a business often times becomes the lifestyle. As such when we view the business as an investment we are more likely to:

1. To see the shortfalls of the business idea and design and implement a solid business plan to overcome the shortfalls;
2. To dream of and implement short term and long terms goals for the business;
3. To choose the right entity for your goals (C-Corporation, S-Corporation, LLC, Partnership, or Trust) as each has its own advantages and disadvantages;
4. To choose the best forum or formation state for your company to be created in (you can create your company in any state you want and still do business in Florida and it is good to remember that some states have better business courts or asset protection laws than others);
5. To design a company operating or shareholder agreement that is going to provide how profits and losses are going to be split, how loans to company will be repaid, who will have what responsibilities, and what percentage vote is needed to make changes to the company;
6. To design a proper buy-sell agreement that provides for a smooth transition of the company in the event one shareholder dies or wants out while assuring that the business will be preserved without being cash strapped for the remaining owners. A proper buy sell agreement should cover more triggering points than just divorce, disability and death and should most importantly provide for a reasonable way to find the Fair Market Value of the Company without an expenses appraisal;
7. To design and implement a payment plan for the buy-sell agreement, either it be conservative terms or aggressive terms, that all shareholders agree to prior to execution of the document, (to avoid cash strapping the company some buy sell agreement use life insurance to provide liquidity in the event of a death);
8. To design and implement employment agreements and independent contractor agreement with employees and 1099's to protect the company;
9. (9) design and implement service or sales contracts between you and your clients for your protection;
10. To seek and receive professional guidance in the areas of which you are not the expert (maybe: taxes, legal, banking, insurance or financial); and
11. To hold yearly meeting to agree on the value of the company, review the company achievements, to revise the business plan and to meet the corporate requirements.
12. To have the right plan and documents in place when you need them the most.

As such, the laws pertaining to business in the State of Florida and other states are very intricate and difficult to decipher. For this reason, it is important to select a licensed Florida Attorney who is knowledgeable in the specific area of Florida Business Law and the advantages of using other states and forum jurisdictions.

Please schedule a consultation to have the Business Formation of your new Florida Business prepared by a Florida Business Planning Attorney located in Fort Myers or Lee County, Florida Call Today!

COMPLETE FLORIDA BUSINESS PLANNING

Please realize that regardless of whether you are starting a business with a friend, relative, or on your own; there are many things that must be talked about and prepared for in advance.

Going into business is in many ways similar to getting married.  The formation of the business is much like the honeymoon, but the reality sets in when you realize that without clients there is no weekly paycheck.

Most attorneys work for large firms, and have limited or no experience owning and operating their own business. It is important to work with a Florida Business Planning Attorney that personally understands the ups and downs of small business ownership.

To schedule a consultation with a Florida Small Business Attorney in Fort Myers or Lee County, Florida Call Today!

OUR FLORIDA BUSINESS SERVICES

For all of the reasons listed above, and any other that you might have; The Dorcey Law Firm is a full service Business Law and Consulting Law Firm.  We are dedicated to helping you build a profitable business from start to finish. No matter what happens to your business along the way; we can provide business consulting and legal assistance.

Many law firms help you to create a business entity, but because they do not provide Business Consulting; they have no vested interest in your survival. This is not the case with the Dorcey Law Firm.

We cannot guarantee that your business will be successful, because each business's survival depends upon management and market conditions to be successful. However, we strive to provide our clients with competent legal counsel and consulting in:

Florida Business Planning:

• Florida Buy-Sell Agreements,
• Florida Shareholder Agreements,
• Florida Business and Corporate By-laws,
• Florida Operating Agreements.

Florida Business Formation:

• LLC, (Florida Limited Liability Company's)
• Florida Partnerships,
• Florida Corporations,
• Florida Articles of Incorporation, etc.

Business Operations:

• Florida Employment Agreements,
• Florida Business Contracts,
• Florida Sales Contracts,
• Florida Construction Contracts,
• Florida Business Taxation,
• Florida Corporate Taxation,
• Florida Non-Compete Agreements, and
• Florida Non-Solicitation Agreements.

Business Dissolution:

• Florida Business Purchase Agreements/ Sales Agreements,
• Florida Asset Purchase Agreements,
• Mergers,
• Acquisitions, and
• Florida Small Business Litigation.

To schedule a consultation with a Florida Corporate Lawyer or Florida Business
Planning Attorney in Fort Myers or Lee County, Florida, Call Today!

FLORIDA SMALL BUSINESS LITIGATION

In the event that someone has breached a contract with you, or you are being sued; we also provide Small Business Litigation Services.

HELPFUL LINKS

Here are a few helpful links; however, all links are for educational purposes only and
should not be taken as legal advise or counsel.

• What are the benefits of a Family Limited Partnership?
• Florida Division of Corporation
• Lee County Florida Tax Collector
• Lee County Property Appraiser