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Maloof Law Group in Sacramento
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Frequently Asked Questions - Business Law

FAQs - Business Law
Maloof Law Group, APC practices in most areas of transactional business law. We do not litigate business law matters, and are strictly "transactional," which we like to explain as meaning we strive to keep you out of litigation. More specifically, we are skilled in forming corporations, limited liability companies, partnerships, limited partnerships, limited liability partnerships, and professional corporations. We are also skilled in negotiating and drafting commercial leases, buy-sell agreements, independent contractor agreements, agreements of settlement and release, indemnification agreements, asset purchase agreements, stock purchase agreements, subscription agreements, and many other business documents too numerous to mention here.
Choosing the type of entity for your business is driven by two main factors: 1) liability protection; and 2) tax savings. Most entities could work for most businesses. There are certainly exceptions, but generally the slate of possibilities is wide-open. What makes the difference, therefore, are factors relating to liability protection and structures that are tax-wise. Maloof Law Group, APC can help you determine what particular entity will accomplish your goals as well as give you these two crucial benefits of running your business as something other than a sole proprietorship or general partnership.
The answer here, frankly, is that you may not need a business attorney. Sometimes attorneys add a level of complexity that is unnecessary to a transaction. That said, Maloof Law Group, APC will always strive to add value to your business by proving sound, timely, and relevant advice, and nothing more . We do not seek to create work for ourselves or for our clients, like some attorneys seem to do. Rather, we focus on the needs of our clients and work to educate clients on how best to achieve them. If you even think using an attorney for your business transaction might be a good idea, contact us. We will tell it to you straight, and help you as much or as little as you may need.
Yes! We are always pleased to work with property owners to review their rent rolls and help them negotiate the types of leases that will add value to their property. Leases are not all built the same, and sometimes a more or less stringent lease document is fitting. However, a lease document is the single most important document a landlord can have to establish the value of the property, and so the lease should be done right! Contact us with your leasing questions.
Starting a business is a bold undertaking that takes capital, stamina, and vision, as well as hours and hours of planning and hard work. No attorney can guaranty success, but a good attorney can certainly help ensure that common pitfalls are avoided. Common pitfalls can include bad lease agreements and improper business form, and many others. Since you are considering investing a tremendous part of you and your family into this business, you should ensure that it is done wisely and with good counsel. Maloof Law Group, APC can help! Contact us to discuss your new venture!
Yes! We are skilled in all aspects of buying and selling businesses, and can help you with most every step of the process. If you are buying a business, you need a set of legal documents that clearly explain what you are buying and which validates its purchase price and value. If you are selling, you need a team of experts helping you determine the business's value, its most likely type of buyer, and finally the complete array of legal documents needed to transfer the business. Either way, contact us to discuss your purchase or sale further.
We have mediated many partnership disputes (with that term used loosely...the discussion is similar for most forms of joint ownership of a business). Whether we work with you and your "partner" to help you both come to workable solutions or work with you alone to help your side of the negotiation, resolving partnership disputes quickly and efficiently is crucial to the business in regard to continuity. Please do not go down the wasteful road of handling the matter yourself or through incompetent counsel. Maloof Law Group, APC is the firm you need on your side to help your business through the challenge of a partnership dispute.
The Maloof Law Group, APC is proud to offer advice on how to best protect your business from unhappy customers or vendors. This starts with the form of your written agreements with each of them, and the need to make those agreements streamlined enough to be usable out in the field, but substantive enough to protect you and your business from harm should a customer or vendor turn against you. It is a fine-line, but please contact us to have us help you review (or draft) your operational contracts so you can make the most of your business.
A buy-sell is an agreement between you and all of the other owners of the company that establishes how any or all of you will exit the business. The exiting can be planned (request for buy-out), or unplanned (death of a owner), but in either event the terms will give the exiting owner (and/or their family), security in regard to expectations and timelines. A buy-sell is crucial for any business owned by multiple people, and usually works in conjunction with life insurance.
A lot! The Articles are just the beginning! From there, depending upon the type of entity, you need an Operating Agreement, Bylaws, Minutes, or other governing document outlining the form of governance that your company will adopt. Without this you are surely setting yourself up for the "veil" of protection otherwise promised by your entity will be "pierced" and personal liability will follow.