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Practice

Forming a company

Starting a business takes a filing. Starting one that can take on a partner, a loan or a buyer takes a little more thought, and it's cheaper to do now than later.

  • Choosing the entity

    LLC, corporation or partnership, weighed against how you'll be taxed, how you'll raise money and who will own it. Your accountant is welcome on that call.

  • Operating and shareholder agreements

    Who decides what, who puts in what, and what happens when an owner leaves, dies or wants out. Written for your company, not copied from a form.

  • Filings and registrations

    Formation documents, a registered agent, an EIN, and the assumed-name filing if you trade under another name.

  • A start-up binder

    Your signed documents, minutes and a one-page summary of what you agreed, so the next lawyer, lender or buyer can find it all.

Built to take on a partner later

Most of the trouble I see in older companies was set in the first month: a fifty-fifty split with no tiebreaker, or a co-founder who left with a third of the business. A few extra pages at the start settle those questions while everyone still gets along.

Often settled at formation

  • How a deadlock is broken

  • What a departing owner is paid

  • Who can sign for the company

  • How new owners come in

A smiling shop owner in a black apron arranges pink flowers and succulents at her shop window

Questions owners ask

Can't I just file online myself?

You can, and for a one-owner business with no outside money that may be enough. What the filing doesn't give you is the agreement between owners, and that's where most disputes start.

Should I be an LLC or a corporation?

It depends on how you'll be taxed, whether you'll raise money from investors, and how you plan to pay yourself. We'll go through it with your accountant if you have one.

We already formed. Is it too late?

No. I can review what you have and write the agreement you skipped. It's easier before anyone disagrees.

Starting something?

Bring the idea and the people involved. We'll work out the right shape for it.