Trusted Legal Advisor

As a business owner, legal issues will come up. The good thing is, you have a lawyer to help you through them. Have a question? Give me a call. Or send me an email. You aren't on the clock, and it won't cost you a thing.

Business Planning

You have an idea for a business that you have put considerable time and thought into it, and now it is time to start making your idea a reality. For most businesses you will want to incorporate — that is, you will want to create a separate entity that is recognized by the state to do business. There are several different types of entities you can choose from, including corporations and limited liability companies (LLCs). Each has their strengths and weaknesses in various situations. I will help you decide whether to incorporate and, if so, what the benefits of each type of entity are. That way you can make an informed and confident decision about the type of entity you choose.

Entity Formation

In order to incorporate your business you need to fill out and submit articles of incorporation to the Secretary of State's Office. This is usually accompanied by a filing fee. Once the articles have been received and processed, you will receive notification of their acceptance (or denial with reasons) as well as a corporate ID number. In Ohio this process usually takes between 1-3 weeks. I will complete the articles of incorporation for you and submit them on your behalf. You will be responsible for the filing fee. Once you are incorporated your next step should be the creation of an organizational agreement. The specific name of the document depends on the type of entity you have chosen (i.e. shareholder agreement or bylaws – corporation, operating agreement – LLC, partnership agreement – partnership). I will work with you to create this agreement so that it accurately reflects how you want your company to be organized while planning for unforeseen events that may arise down the road.

Ohio Governmental Compliance

State government agencies each require certain things from all businesses who operate in the state, regardless of their activities. In Ohio, each business with employees must create an account with the Bureau of Workers' Compensation, the Dept of Taxation (employee state tax withholding), the Office of Unemployment Compensation, and the New Hire Reporting Center (verifying that your employees are citizens or otherwise are legally allowed to work in the U.S.). If you fail to register and maintain accounts with these agencies you can expect monetary fines or you can lose the ability to conduct business in the state. Intentionally neglecting these responsibilities could also open you to criminal charges. I will submit applications to open accounts for your business with each of these agencies. There is a $10 deposit required by Workers' Comp which is included in the fee for this service.

Business Licensure

Many companies are required to have specialized licenses or permits in order to conduct their business in a specific jurisdiction. These include both local and state licenses. Examples are vendors licenses and liquor permits. Failure to have the necessary licenses or permits can result in fines or your business being shut down. I will research the various state and local licenses that you will need to conduct your business activities and provide this in a report for you. If you would like me to complete and submit the license applications on your behalf, there will be an additional fee and you will be responsible for any necessary application or licensing fees.

Additional Services

I can also provide additional documents and other services, depending on the needs of your new business. Flat fees are available for all these services.

Document drafting and review

Employee or Manager's Handbook

Employment contracts or contractor agreements

Real estate or lease agreements

Privacy/non-disclosure agreements

Other contracts

Negotiations

Business litigation