The attorneys at Atkins Law Offices are ready to work with you on all matters related to forming a new business.

We can provide assistance on filing the appropriate paperwork with governmental entities and drafting formational documents, like bylaws, operating agreements, and buy/sell agreements.

Attorneys at Atkins Law Offices can provide advice about the documents you might need to effectively handle and structure relationships with employees or independent contractors.

We represent businesses and want to ensure the business and its owners and managers have the necessary tools and knowledge to succeed in any endeavor.

Whether that means working together on a buy/sell agreement, independent contractor agreements for vendors and suppliers, or nondisclosure and non-competition agreements, Atkins Law Offices is committed to providing high quality business assistance.

The attorneys at Atkins Law Offices are ready to work with you on all matters related to managing your home, rental, or vacation properties.

We can provide assistance on filing the appropriate paperwork with governmental entities, drafting formational documents, like bylaws, operating agreements, and buy/sell agreements, draft and execute the property management agreement between you and your entity, and assist you with drafting and executing your residential or commercial leases.

The lifeblood of all small businesses is the independent contractor agreement. Independent contractor agreements makeup the majority of the business landscape. Included in this category of agreements are: supplier/vendor contracts, influencer and other promotion contracts, contracts for a wide variety of service providers such as consultants, plumbers, electricians, web designers, and more. More often than not, if you have a business relationship with another business or with a client/customer, that relationship is governed by your independent contractor agreement, regardless of whether you have it in writing or not. But if the agreement is not in writing, the agreement becomes a lot more difficult to enforce. We are here to help.

A key document used by LLCs because it outlines the business' financial and functional decisions including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners. Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms. To ensure your LLC actually provides you with a liability shield, your LLC absolutely must have an operating agreement. No exceptions.

A legally binding contract that stipulates how a partner's share of a business may be reassigned if that partner dies or otherwise leaves the business. Most often, the buy and sell agreement stipulates that the available share be sold to the remaining partners or to the partnership. Buy-sell agreements often use life insurance policies to fund the potential buyout in the event of a partner's death.

A set of written rules used by a corporation to organize its internal management. Company bylaws also outline the policies and responsibilities for the shareholders, directors, and officers of a corporation. To ensure your corporation actually provides you with a liability shield, your corporation absolutely must have bylaws. No exceptions.

Minutes are a note-keeping format for board meetings, member meetings, or shareholder meetings. During these meetings, minutes are kept by a secretary, a board officer charged with administering the meeting. Minutes should note the precise wording of every motion or resolution that is introduced. They should record who introduced a motion or resolution, and the participant that seconded the motion. If a vote is taken, that should be noted as well. Since a resolution is a written motion, a signed copy should be kept with the meeting minutes on file.

A resolution is a decision, but it's more formal and usually used for more important or high-level organizational management. Resolutions adopted by the board and later approved by the directors are considered a formal act of the corporation and not just a board action.

A deferred compensation agreement is an agreement between a company and an employee that withholds paying some of the employee's salary under the contract that will be disbursed later. This later date is typically when the employee retires. These agreements include things like pension plans, stock options, and other retirement plans.

AKA Pre-incorporation agreement: An agreement between potential partners and shareholders ought to be drawn up before incorporation even takes place. This pre-incorporation agreement outlines all of the details regarding how the company should be started and how it should be run in the future. The agreement outlines who will own what and how profits will be split for all parties involved. It also ensures that each party understands their role in the company, their rights and responsibilities as well as any compensation or benefits they are to receive during their time with the company. Additionally, the agreement will also lay out the specific reasons why someone should be leaving their current occupation to start a business. It makes clear who is in charge and what each party can expect along the way.

A pre-incorporation agreement serves as an excellent road map for all those involved with starting up a business venture, and for those who have already begun a new enterprise.

Businesses issue certificates to shareholders, members or partners in order to provide proof of ownership. This proof is typically provided in the form of a certificate:

Stock certificates for corporations

Membership certificates for LLCs

Partnership certificates for LPs and LLPs

A general partnership is not the best choice of organization for most businesses or business ventures. In a general partnership, each party involved in the venture is jointly and severally liable for the partnership obligations. Most of the time, for ventures involving multiple individuals or multiple businesses (or a combination of the two), a profit-sharing agreement (which is another form of an independent contractor agreement) should be the tool that is used. A profit-sharing agreement is a contract that outlines the ratio you will use to distribute the profits and losses with the other partners involved. This ratio can be determined on the basis of the investment made by each partner or you can have an agreement that only divides the profits, leaving you to deal with the losses.

Whatever the scenario is, all the parties need to sign the profit-sharing agreement before starting the venture. This agreement sets out the rules and duties of everyone involved!

A general partnership is an unincorporated business with two or more owners who share business responsibilities. Each general partner has unlimited personal liability for the debts and obligations of the business. Each partner reports their share of business profits and losses on their personal tax return.

General partnerships are common among the different types of business entities because they're simple, both in terms of getting started and filing taxes.

A general partnership is an unincorporated business, which means you don’t need to register your business with the state in order to legally operate. In fact, when two or more people go into business together with the goal of earning a profit, a general partnership exists by default.

In a general partnership, every partner can enter into contracts or business deals that are binding on every other partner. While this can be convenient, it also means that you should really trust the person or persons with whom you launch your company. It might be fun to start a business with a friend or family member, but they might not necessarily make the best fit as a business partner. Your partner’s actions or mistakes can affect you legally and financially.

A limited partnership (LP)—not to be confused with a limited liability partnership (LLP)—is a partnership made up of two or more partners. The general partner oversees and runs the business while limited partners do not partake in managing the business. However, the general partner of a limited partnership has unlimited liability for the debt, and any limited partners have limited liability up to the amount of their investment.

In addition to external filings, the partners of the limited partnership must draft a partnership agreement. This document is an internal document that defines how the business will be operated. This agreement outlines the rights, responsibilities, and expectations of each partner. This document is not filed with a state or government entity, and the document may be referred to as the operating agreement.

The partnership agreement should identify two key financial aspects of the company. First, the agreement should identify how profits and losses will be shared. This includes how profits will be distributed to partners. Second, the agreement should identify the process and expectations for when a partner wants to sell their stake in the partnership. This may include a notice period or expectations around the first right of purchase from other partners.

A decentralized autonomous organization (DAO) is an emerging form of legal structure that has no central governing body and whose members share a common goal to act in the best interest of the entity. Popularized through cryptocurrency enthusiasts and blockchain technology, DAOs are used to make decisions in a bottoms-up management approach. The DAO runs through a coded operating agreement - a mega-smart contract, in other words - allowing for met conditions to trigger autonomous organizational action.

Smart contracts are simple programs stored on a blockchain that run when predetermined conditions are met. They typically are used to automate the execution of an agreement so that all participants can be immediately certain of the outcome, without any intermediary’s involvement or time loss. They can also automate a workflow, triggering the next action when conditions are met. Smart(er) contracts, therefore, are merely smart contracts, but programmed with the assistance of legal counsel.