Business Law
Trusted Partner in Business Law
We understand that each business is unique. That's why we offer personalized legal solutions for Florida businesses tailored to meet the specific needs of your business. Whether you're starting a new venture, managing an LLC, or navigating through the new laws and regulations, our goal is to provide clear, practical advice that makes a real difference.
We ensure your business is not just compliant, but also thriving legally. Our commitment is to protect and empower your business, no matter its size or industry. With our firm by your side, you can focus on what you do best – running your business.
The Question Every Business Owner Must Ask:
If someone sued your business today, could you prove with documentation that your business and your personal finances are truly separate?
If your answer is uncertain, your liability protection may already be at risk.
You formed your LLC or corporation on "Sunbiz."
Formation is only the beginning. Many business owners make the mistake of treating registration with the state as the finish line. It is not.
The real protection your entity is supposed to provide only holds if you put the right documents in place and maintain them properly.
That's where we come in.
How We Can Help
Annual Business Maintenance
Our firm drafts and maintains the documents that make your business structure work as intended. From operating agreements and corporate bylaws to annual minutes and resolutions, we handle the formalities so you can focus on running your business.
LLC Formation and Management
Whether you are starting a new business, or need assistance with your previously established LLC, we can help make sure you have everything you need to handle the road ahead. We put your rules in writing. Florida does not requiring an operating agreement, but without one means Florida’s default laws govern your business, not your intentions
Corporate Formation and Management
We provide everything you need to form and manage your corporation including Bylaw preparation, stock certificates and agreements. Corporate Formalities are non-negotiable. Without following proper corporate laws, your personal assets may be at risk.
A business owner who never holds meetings, never documents decisions, and mixes personal and business funds is giving creditors and plaintiffs exactly what they need to pierce the corporate veil.
Additional Business Assistance:
- Partnerships
- Business Contracts and Agreements
- Business Protection Strategy Sessions
- Business Continuity Plans
- Compliance and Legal Advising
- Acting as Your Registered Agent
Protect your Business- Contact Us Now
Estate Planning for Business Owners
As a business owner, your estate plan must address far more than a will or a trust. Your business — its assets, liabilities, employees, clients, and partners — is intertwined with your personal financial life. Planning ahead protects not only your family but also your business and everyone who depends on it.
The Players in Your Business Owner Plan
Estate planning for a business owner involves coordinating the interests and roles of many parties:
- You (the owner) and your family (spouse, children, and ex-spouses)
- Trusted relatives and friends who may serve as agents or fiduciaries
- Business partners
- Key employees
- Customers and clients
- Vendors and suppliers
- Your professional advisors (CPA, financial advisor, insurance broker, attorney)
The Four D’s: Planning for Life’s Disruptions
Every business owner must plan for the “Four D’s,” which are events that can disrupt or end the business if no plan is in place:
- Death: What happens to your ownership interest? Who steps in to run the business? How are your heirs protected?
- Divorce: Is your business interest protected from a marital dissolution? Does a buy-sell agreement address this?
- Disagreements: Are there mechanisms in the operating agreement to resolve disputes without litigation?
- Disability: Who has authority to manage your business if you become incapacitated? Does your power of attorney cover business decisions?
Succession Planning
Every business needs a succession plan. Key questions to address:
- Who will take over operations (a family member, a partner, or a key employee)?
- Are there managers already equipped to succeed the owner?
- Is there a buy-sell agreement in place, and how is it funded (e.g., life insurance)?
- What are the timelines and triggers for the transition?
- How will clients and customers be notified of a transition?
Business Assets vs. Personal Assets
A critical distinction in business estate planning is that business assets must be handled separately from personal assets. Your estate plan must account for both.
Links and Resources
A Simple Guide for Business Owners Thinking About Retirement
Business Owner Retirement: Employee-Based Succession Planning: MBOs and ESOPs Explained After years of pouring your energy, passion, and grit into…
Retirement Planning for Business Owners
Business owners often devote years of time, energy, and money into building their companies, sometimes assuming the business itself is…
Who Runs Your Business If You Can’t? The Essential Guide to Planning Ahead
Life doesn’t warn us before it interrupts our plans. If you’re a business owner, even a few weeks away — whether due to illness, travel, or unexpected emergencies — can cause real disruption
Running a Business with Your Spouse? Here’s How to Stay on Track—At Work and at Home
Running a business with your spouse can be incredibly rewarding—but let’s be honest, it’s not always easy. You live together,…
Caution: Your Traditional Asset Protection Plan May Fail
You might be surprised to learn that asset protection planning has been around for a long time, and you’ve likely…
3 Asset Protection Tips You Can Use Now
A common misconception is that only wealthy individuals and people in high-risk professions, such as doctors or lawyers, need an…
Why Your LLC Needs an Operating Agreement
An operating agreement is crucial for LLCs as it outlines the operational framework and provides various benefits.
• Customizable Business Operations: An operating agreement allows LLCs to customize their management and ownership structures, including profit distribution, ownership transfer restrictions, tax payment methods, and signatories for business accounts.
• Maintaining Limited Liability: Having an operating agreement helps maintain the limited liability of LLC members by demonstrating the separation between the business and its owners, which is especially important for single-member LLCs.
• Decision-Making Framework: The agreement specifies how decisions are made within the LLC, which is vital for multimember and manager-managed LLCs to avoid conflicts and ensure smooth operations.
Continuity Planning
Our friend John has a job at Publix. He has a good job, a comfortable salary, and a nice home.…
CTA Imposes New Small Business Reporting Requirements for 2024
If you have a small business, you will most likely have to comply with the new Corporate Transparency Act. Failure to comply with the new act has both civil and criminal penalties, including imprisonment, so it is imperative to understand if you are responsible to comply with the act.
What is the Corporate Transparency Act?
The CTA is a law that requires business entities it identifies as reporting companies to disclose certain information about the company and its owners to the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). Under the CTA, a reporting company is a corporation, limited liability company (LLC), or other similar entity created by filing a document with the secretary of state or a similar office under the laws of a state or Indian tribe or formed under the laws of a foreign country and registered to do business in the United States. The following information about the reporting company must be included in the report:
- company’s legal name, and any trade name or “doing business as” name
- street address of the principal place of business
- jurisdiction in which the business was formed
- tax identification number
Don't be fooled by the name—the CTA targets all types of business entities, especially small limited liability companies (LLCs) and partnerships. If you have any business entity—for example, to hold out-of-state real property or valuable personal property, receive valuation discounts, or protect assets—they may be required to comply with the CTA.
Does My Company Need to Report Under the CTA?
DOES MY COMPANY NEED TO REPORT?
Reporting companies include corporations, limited liability companies (LLCs), or other entities created or registered by filing a document with a secretary of state or similar state office.
Who is Exempt from Reporting:
Twenty-three types of entities, including publicly traded companies and nonprofits
Certain large operating companies that have
more than 20 full-time employees,
more than $5 million in annual gross receipts or sales, and
a physical operating presence in the United States.
Review this Chart for More Information on Who Has to Report:
“Leave A Legacy, Not A Mess”
Emerald Publications – September, 2007
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