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Business Legal Items Needed to Open a New Medical Practice in California

Are you preparing to open a brand new medical practice in California? If so, there are important business and legal considerations that you should be aware of. State law impacts the structure and ownership requirements of your business. Here, our Fremont business formation attorney provides a brief overview of the business and legal items needed to open a medical practice in California.

Entity Selection and Business Formation

Business startup is complicated—especially in the health care industry. California has specific rules and regulations regarding the formation of a medical practice. In fact, state law generally prohibits doctors and medical professionals from operating their business as a limited liability company (LLC) or traditional corporation.

Instead, medical practices are usually formed as a specialized type of business called a professional medical corporation. Under California’s Moscone-Knox Professional Corporation Act, there are restrictions on who can serve as an officer/director of a medical corporation and restrictions on who can own shares in these corporations.

Commercial Lease

A new medical practice must operate from somewhere. Most likely, this means that your new business will need to enter into a commercial lease agreement. In entering a lease agreement, there are a wide range of different issues that should be considered, including:

The location and convenience for current and future patients
The monthly cost and duration of the lease
Specialized medical issues, including waste removal, potentially hazardous materials on the premises, and storage of sensitive patient information
Common area maintenance (CAM) charges (also known as a triple net lease (NNN))

An experienced California business law attorney can help you negotiate and draft a commercial lease agreement that works effectively for your new medical practice.

Employment Matters

If your medical practice is planning on hiring employees, you need to take the time to put the proper structure in place. Make sure you and your business partners understand the legal requirements of your business. As an example, all employers in California with five or more total employees are subject to the Fair Employment and Housing Act (FEHA). An employment lawyer with experience representing business owners in the healthcare industry can help you create and implement strategies to limit conflict with employees and reduce your liability risk.

Business Contracts

In the modern business world, contracts are at the basis of most commercial agreements. Whether your medical practice is working with partner companies, such as a medical service organization (MSO), or entering into agreements with outside suppliers/vendors, it is essential that you rely on well-drafted business contracts.

Call Our Fremont, CA Medical Practice Formation Attorney for Help

Attorney Lynette Ariathurai is committed to providing forward-looking guidance and cost effective legal representation. If you have any questions about what business and legal items you need to start a medical practice in California, we can help.

Contact us today for a confidential initial consultation with a business lawyer. From our office in Fremont, we serve businesses and startups throughout the region, including in Hayward, Union City, Castro Valley, Milpitas, and Newark.

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How Commercial Tenants Should Protect Themselves When Leasing a Property

The National Association of Real Estate Investment Trusts (Nareit) reports that the total value of the commercial real estate market in the United States is approximately $16 trillion. With so much competition, it is easy for businesses to get overwhelmed when looking for commercial property. Whether you are renting space for retail, an office, manufacturing, or distribution, it is imperative that you sign a fair lease agreement. In this blog post, our Fremont business law attorney explains how commercial tenants can protect themselves when leasing a property in the San Francisco Bay Area.

Review the Lease Agreement Carefully

When commercial tenants search for a new property, they often focus on the location and the rental rate. This is not surprising — price and location are extremely important in business. In too many cases, business owners overlook the importance of carefully reviewing their lease agreement. The specific details of your commercial lease agreement matter. The lease will control your rights if a problem or dispute arises. Your commercial lease agreement should be reviewed by an experienced business lawyer before you sign on the dotted line.

Be Aware of the Liability Risks

In evaluating a commercial lease agreement, one of the key things to investigate is your liability risk. Often, commercial landlords try to shift a large share of the liability risk onto their tenant. If you fail to carefully review the specific terms of your lease agreement, you could be accepting a far greater liability risk than you are comfortable with.

An important thing to watch for is ‘common area maintenance’ (CAM) charges. Also referred to as triple net lease (NNN), CAM charges are fees paid by the tenant to the landlord that are designed to cover the expenses related to certain day-to-day operations. If you share common space with other commercial tenants, your CAM fees will generally be proportional to your total rental obligations. CAM charges may include things like common area trash removal, landscaping, and elevator upkeep.

Another critical contract provision to watch for relates to repairs and improvement to the commercial property—but in your unit and in the common areas. Make sure you know whether the landlord has the right to pass on repair and improvement costs onto your business. If repair and improvement costs are passed on, you should clarify how those expenses are charged. It may be lump sum payments, or the costs may be amortized over multiple years.

Know Your Right to Negotiate a Commercial Lease

When a commercial landlord presents you with a lease agreement, you have the right to take some time to review the specific terms of the contract. Some commercial leases can be negotiated, others are “take it or leave it.” Regardless, it is imperative that you consult with a California attorney who can help you review the lease and advise you on the meaning and implications of the terms.

You may be able to propose amendments to reduce your total level risk. Alternatively, you might want to purchase a supplemental insurance policy for additional liability protection. Your lawyer can help you come to a final lease agreement that offers a fair rental rate, while also ensuring that you and your company are protected from unreasonable liability risks.

Call Our California Commercial Landlord-Tenant Attorney for Immediate Help

Attorney Lynette Ariathurai has the skills and legal experience to negotiate, draft, and review commercial lease agreements. If you are renting property and have questions about commercial leases, we are here to help. Contact us today to learn more about our business law services. With an office in Fremont, we provide representation to businesses and organizations throughout the region, including in Union City, Hayward, Castro, Valley, Newark, and Milpitas.

landlord, leases, tenant

Business Attorney for Doctors, Nurses and Medical Personnel

Building, growing, and managing a successful business is complicated — particularly for doctors, medical specialists, and other health care providers who must navigate some unique regulatory and logistical challenges. Attorney Lynette Ariathurai is a skilled business law advocate with extensive experience representing physicians and other health professionals. For a confidential consultation with a California business lawyer for medical professionals, please call our Fremont office at 510-794-9290 or send us a message online.

We Provide Business Services for Doctors and Medical Professionals in the Bay Area

Business Formation

We help health industry professionals and entrepreneurs form businesses under California law. The state’s Moscone-Knox Professional Corporation Act imposes significant restrictions on the ownership and control of many companies in the medical industry. Our firm will help you and your partners form a professional corporation that provides strong liability protection. We also advise health practitioners and entrepreneurs with buying and selling businesses and organizations.

Regulatory Compliance

Professional corporations in the health care industry must navigate complex regulatory compliance issues, including things like the Stark Law, federal anti-kickback statutes, and California state rules. Our founding business attorney Lynette Ariathurai has the knowledge and legal skill to help you understand your obligations.

Professional Licensure Issues

Business attorney Lynette Ariathurai helps physicians and other health professionals navigate the full spectrum of professional licensing issues. If you are a doctor, a nurse, a dentist, an optometrist, or any other health industry business owner with questions about a professional license, we are here to provide guidance.

Contract Review and Negotiation

Contracts are at the foundation of most commercial relationships. Our business lawyer for medical practitioners provides representation on business contracts. If you have any questions or concerns about the drafting, review, or negotiation of business contracts, we are more than happy to help.

Employment Law

Many professional medical corporations in California have employees. Lynette Ariathurai provides a full range of employment law services for employers. Our focus is on helping you and your business partners put the proper structure in place to prevent claims, including employee handbooks, employment law agreements, and advising employers on wage & hour laws, worker discipline and termination.

Dispute Resolution

Disputes happen. If you are involved in a dispute with a patient, an employee, a vendor/supplier, a competing firm, or any other party, it is crucial that you take immediate action. With experience in mediation, arbitration, and litigation, our Fremont, CA business law firm will protect your rights and help your professional practice find the best path forward.

Get Help from Our California Business Lawyer for Medical Professionals

Attorney Lynette Ariathurai is committed to protecting the rights and interests of clients. We provide reliable, solutions-driven business representation to physicians and other medical personnel. Contact our law firm now to schedule a confidential appointment with a skilled attorney. From our Fremont office, we provide business services to doctors, nurses, and medical professionals throughout the region, including those in Newark, Hayward, East Bay, Milpitas, Union City, San Leandro, Gilroy, San Jose, and Santa Clara.

business contracts, healthcare practice, licensure, Moscone-Knox Professional Corporation Act

Medical Leave Rules for California Businesses

Recent changes to medical leave rules in California mean that business owners need to learn about their new responsibilities under the law in order to avoid claims and ensure their compliance with state law. Employers in California should specifically know about new medical leave rules that provide California workers with more rights than they currently have under the federal Family and Medical Leave Act (FMLA), which took effect on January 1, 2021, as well as requirements for COVID-19 sick pay that took effect on March 29, 2021.

Expansion of California’s Family and Medical Leave Law

Since January 1, 2021, California employers who have five or more employees must comply with an expanded version of California’s family and medical leave law by allowing employees to take protected leave to care for themselves and for sick family members. The changes to the law arose out of the COVID-19 pandemic, as legislators realized that many parents were unable to be home to provide care for sick children, or for children who needed to learn remotely due to the pandemic’s closure of schools and day care centers. While some people can work remotely, not all jobs come with the possibility of remote work or a work-from-home situation. Accordingly, due to the pandemic, legislators considered how parents who cannot do their jobs from home would need additional protections to take leave from their jobs—both to provide care for their children, and to care for themselves if they become ill with COVID-19.

The new law expands the California Family Rights Act (CFRA), which previously required employers to provide up to 12 weeks of job-protected, unpaid leave for employees who had been working for the employer for at least 12 months and had accumulated at least 1,250 hours of work in that 12-month period. Those requirements have not changed. What has changed is that the law used to apply to employers with 50 or more employees within 75 miles of the worksite, like the federal FMLA. Now, the law applies to employers with 5 or more employees. To be clear, employers with 5 or more employees now must provide job-protected, unpaid leave for up to 12 weeks if they meet the other requirements. In addition, employers must continue to pay the employee’s health insurance coverage under the same terms as if the employee were not on leave.

In some cases, these employees also may be eligible for pay during a medical leave because of another recently passed law.

Expansion of Supplemental Paid Sick Leave Due to COVID-19

In addition to expanding the CFRA to smaller employers, California lawmakers also passed a new law that will require employers to provide supplemental paid sick leave to employees who have been affected by COVID-19. The new law, Senate Bill 95, took effect on March 29, 2021.

This new law expands the employers (and thus their employees) who are covered: both public and private employers in California with more than 25 employees must provide up to 80 hours of COVID-19 paid sick leave, which is in addition to paid sick leave policies that are already in effect through the Healthy Workplaces, Healthy Families Act of 2014. The law also expands the reasons for seeking this paid sick leave, including the need to provide parental care due to school or daycare closures. In addition, employers need to know that this law applies retroactively to January 1, 2021.

Seek Advice from a California Business Law Attorney

The trend in California appears to be moving toward more paid leaves and the expansion of employers who must comply with medical leave policies. For smaller companies, these kinds of expansions can be extremely difficult since they often require employers of very small businesses to hold jobs open for an employee on leave and pay both the employee on leave and the person who steps in to do their job during the leave period. Then, once the leave period ends, the business can be required to provide unemployment compensation to the employee who was terminated to reinstate the employee who was on leave. In short, recently changed California laws have not taken into consideration the financial burden they may be placing on small businesses across the state.

If you have questions about your obligations as an employer under the new leave laws, Attorney Lynnette Ariathurai can assist you. Contact us to learn more about the services we provide for employers in California.

California, cfra, empoyer rules, fmla, medical leave

Medical Partnerships, Leases and Entity Formations

If you are planning to open your own medical practice in California, it is critical to understand how California law affects your ability to choose a business structure for your medical practice and to enter into business with other healthcare professionals. Generally speaking, California law allows physicians to operate medical practices as sole proprietorships, partnerships with other physicians, and as professional medical corporations. Other types of common business structures are not permitted under California law for healthcare businesses. Beyond entity formation, physicians and other healthcare providers who are considering the possibility of starting a new practice will also have to consider specific issues when it comes to leasing commercial space for a healthcare business.

Our experienced California business formation lawyer can help. Attorney Lynnette Ariathurai serves business owners throughout Northern California.

Forming a Medical Partnership

If you are thinking about opening a new medical practice and want to keep the structure of your business relatively simple, California law allows you to form a partnership (or to operate your healthcare practice as a sole proprietorship). However, any physician or other healthcare professional in California should learn more about the limitations of medical partnerships in relation to personal liability and taxation as well as the benefits of creating different business structures for the assets of the business versus the medical practice. Many healthcare providers and medical professionals who open new or are expanding practices find benefits in forming a professional medical corporation.

Professional Corporations for Medical Practices

Under California law, healthcare practices cannot form traditional certain business structures such as a limited liability company (LLC) or a corporation when forming a business. Instead, professional healthcare providers, including licensed physicians, surgeons, nurses, chiropractors, psychologists, optometrists, clinical social workers, and many other professionals must create a professional medical corporation. There are many benefits to forming a professional medical corporation, including limiting liability (some limitations arising out of medical malpractice), as well as tax benefits similar to those of an S-Corporation.

The Moscone-Knox Professional Corporation Act explicitly outlines the types of professional services that are provided in a professional medical corporation, and what kinds of healthcare providers or medical professionals can be officers, directors, and own shares in these types of corporations.

Commercial Lease Considerations for Healthcare Practices

In addition to the complicated issues surrounding entity formation for healthcare practices and businesses, it is important to work with a California business lawyer on any commercial lease for a healthcare practice. There are a variety of issues that you should consider in your lease beyond those that might appear in another kind of commercial lease, such as:

Tenant and landlord responsibilities concerning HIPAA and patient files stored on the premises
Medical waste and removal
Use of medical devices and storage of medical materials on the premises
CAM or NNN expense distribution between landlord and tenant
Parking space for patients

Contact a California Entity Formation Lawyer

If you are a healthcare provider and are considering your options for starting a new practice, it is critical to seek advice from a California entity formation attorney about the nuances of entity formation for medical partnerships and corporations, as well as the complexities of medical commercial real estate leases.

Attorney Lynnette Ariathurai is committed to representing business owners in Northern California and can speak with you today about medical entity formation. We serve business owners in Fremont, Hayward, San Leandro, Gilroy, Milpitas, Union City, East Bay, San Jose, Santa Clara, and Newark. Contact us for more information about how we can assist you with your new medical practice.

business attorney, california law, commercial lease, healthcare practice, Moscone-Knox Professional Corporation Act

California Consumer Privacy Acts for Commercial Websites

Recent changes to California consumer privacy laws affect most e-commerce websites in the state, and it is critical for business owners who run e-commerce websites to understand consumer rights and business responsibilities. Whether you are currently running an e-commerce website or considering the possibility of launching one soon, you should seek advice from an experienced California business lawyer about the California Consumer Privacy Act of 2018 and Prop 24. Both laws expand consumer privacy rights, and it is important for companies to comply with these laws. Attorney Lynnette Ariathurai can assist you in drafting and updating business privacy policies to ensure that your company remains in compliance with current state law.

California Consumer Privacy Act of 2018

The California Consumer Privacy Act of 2018 (CCPA) took effect on January 1, 2020, and it impacts most e-commerce websites viewed by California residents if the business (i.e., the website owner) collects any information from the consumer either directly or indirectly and then sells the information. The responsibilities of e-commerce sites under the new law extend relatively widely because the definition of the word “sale” is defined broadly.

What this means for your business is that, if you have a website where you conduct any kind of e-commerce and you collect information from consumers who visit the site, it is critical to seek advice from a California business law attorney about your company’s privacy policy. Most company privacy policies drafted prior to January 1, 2020—when the new law took effect—will not be in compliance. It may be necessary to completely redraft your company’s privacy policy in order to comply, or at the very least, to revise the policy accordingly.

As a business owner, you should know that this law specifically lays out format requirements and provides detailed information to California residents about their privacy rights and how to exercise their rights. As such, businesses could face claims from informed consumers if they do not take steps to ensure that their privacy policies are in compliance.

Prop 24 Further Expands Consumer Privacy Rights

Beyond the California Consumer Privacy Act of 2018, Prop 24 also expands consumer privacy rights in the state. This law passed in November 2020. It amends the CCPA with a “more comprehensive privacy scheme,” according to Brookings, creating the California Privacy Rights Act (CPRA).

The new law requires businesses to protect personal information collected from consumers by “reasonably minimizing data collection, limiting data retention, and protecting data security.” It also requires businesses in California to “conduct privacy risk assessments and cybersecurity audits, and regularly submit them to regulators.” Consumers may also opt out of the sale or sharing of their personal data.

Contact a California Business Law Attorney for Assistance

Website owners and companies that engage in e-commerce need to work with an experienced California business lawyer to draft new policies or to update existing policies to guarantee compliance with new consumer privacy laws in California. Attorney Lynnette Ariathurai has years of experience representing business owners in Fremont, Hayward, San Leandro, Gilroy, Milpitas, Union City, East Bay, San Jose, Santa Clara, and Newark and can talk with you today about reviewing, drafting, and updating privacy policies for your website. Contact us to learn more.

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Things to Consider for Commercial Real Estate Leases – for Landlords

Lynnette Ariathurai, Bay Area Business Attorney, Fremont, Hayward, CA

Owning commercial property in California can be lucrative, especially when that property is located in an area that is highly trafficked and desirable for businesses in the region. At the same time, it is important to recognize that the value of a commercial property investment depends on having a strong, well-drafted lease agreement.

The lease is the basis of your relationship with a commercial tenant. It is crucial that a lease effectively protects your interests in all possible scenarios. Here, our Fremont commercial real estate lawyer highlights six important issues that landlords should consider when negotiating and drafting a commercial lease in California.

Commercial Rent (Base Rate, Utilities, Percentage Leases)

It is no secret that the most important thing for landlords is collecting rent. Rental payments are the lifeblood of commercial real estate investment. A well-drafted commercial lease will help you ensure that you are in the best position to get full and fair market value rent for your property and that you can actually collect the rent.

A commercial lease should clarify exactly who is responsible for all costs—it should specify the amount of base rate, the date it is due, and payment of utilities. In some cases, commercial rent is based, in part, on business revenue. Often referred to as a “percentage lease”, it may be a good option for some California landlords.

Duration of the Lease (Early Termination/Renewal Rights)

A commercial lease should always have a well-defined duration. Both parties need to know exactly how long their current obligations will last. Beyond that, commercial landlords should also consider including provisions that clarify what will happen at the end of the lease. Among other things, you may want to consider:

Automatic renewal rights (first refusal rights);
The ability to extend the lease; and
Early termination options.

At the end of the current commercial lease term, the landlord-tenant relationship will either be extended or it will terminate. It is useful to operate under an initial commercial lease that helps facilitate a smooth transition, whatever the parties decide to do.

Alterations, Improvements, and Maintenance During the Tenancy

Commercial leases should have clear information about the commercial tenant’s ability to make any alterations to the premises during the terms of the lease, as well as information about whether you or the commercial tenant will be responsible for necessary improvements or maintenance during the tenancy.

Insurance and Indemnity

A commercial lease should always prepare for the possibility of unexpected loss—whether because of property damages or a lawsuit from a third party. This starts with insurance. While a commercial landlord will typically maintain their own insurance policy, it is important to consider whether a commercial tenant will be required to have a liability policy or another type of insurance policy as well. Additionally, commercial landlords may also want to consider some type of indemnity clause. As defined by the Cornell Legal Information Institute, an indemnification clause is a contract provision that shifts a liability risk from one party to another.

Collection of Overdue Rent and Evictions for Non-Payment

Unfortunately, not all commercial tenants live up to their responsibilities. You may run into a problem collecting rent. If so, you have the right to take immediate action against the business, potentially including initiating eviction proceedings. Your commercial lease is the basis of your ability to collect rent and evict a tenant for non-payment. A properly drafted commercial lease will ensure that you are in the best position to collect, even if a commercial tenant files for bankruptcy.

Termination of the Lease for Other Types of Contract Breaches

As a tenant, the primary obligation a business owes to its commercial landlord is a timely rental payment. Of course, that is not typically the only obligation. Landlords also need a commercial tenant who will treat their property well. In a commercial lease, you should strongly consider including a clear definition of what constitutes a breach of contract sufficient to justify termination of the lease and removal of the tenant. For instance, a commercial tenant may be removed for creating a nuisance or engaging in unlawful activity on the property.

Contact Our California Commercial Real Estate Attorney Today

Are you planning to rent commercial property to a new business tenant? You should seek advice about your commercial real estate lease from an experienced Fremont business law attorney. Attorney Lynnette Ariathurai is committed to serving commercial real estate landlords in California and can discuss the issues you should be considering in your commercial lease. Contact us to learn more about the services we provide. We serve clients in Fremont, Hayward, Milpitas, Union City, Newark, and throughout the East Bay.

business law attorney, commercial property leases, commercial real estate leases, contract agreements, contract attorney

Obtaining Your Professional License

When you are starting your own business or entering into a new professional field, you may be required to have a professional license according to California law. Indeed, there are many kinds of businesses and professions that require proper licensing, and it can be complicated to determine on your own what steps you must take to obtain and to maintain your professional license. California has various licensing boards, and they each have their own sets of requirements for seeking a professional license and ensuring that the license remains current.

California professional license laws may require legal assistance for individuals, corporations, partnerships, and other business entities seeking to obtain a professional license for their business. For professionals in healthcare fields or those with fiduciary duties like accountants veterinarians, and doctors, it is critical to begin working with a California professional license lawyer as soon as possible.

Working with a Lawyer to Obtain Your Professional License

As a business owner or professional in California you may need to obtain a professional license in order to perform your work or services in the state. Some of the professions that require licenses include, but are not limited to:

Doctors
Nurses
Pharmacists
Physical therapists
Veterinarians
Acupuncturists
Chiropractors
Dentists
Attorneys
Real estate agents
Certified public accountants (CPAs)
Insurance agents
Private investigators
Construction Contractors

Depending upon your specific profession and the license you are seeking, you may need to apply for your professional license with the California Department of Consumer Affairs (DCA), or the boards (state government agencies) for your profession. Navigating the professional licensing process in California can be extremely complicated. As such, it is important to work with a lawyer who can help.

What You Need to Do

The specific process for seeking a professional license in California will depend upon the license you are seeking, but generally speaking, you will be required to submit an application for the professional license along with a completed application package. While the contents of the application package will vary depending upon the type of license, in most cases will include:

The completed application forms
Fees
References
Official education transcripts
Examination results, and
Fingerprints

The timing for your professional license will also vary depending upon the type of license. The websites might publish estimated turn-around time.

Professional Licensing Challenges

Without assistance from a lawyer, you may run into a variety of challenges while trying to obtain a professional license in California. You may not meet the eligibility or experience requirements for the license you are seeking, you may not have passed a required examination, your application could contain errors, your application package could be missing required documents, or you may not have submitted the appropriate fees.

In short, the application package for a professional license is substantial, and there is significant room for error.

Contact a California Professional License Attorney Today

If you need to obtain a professional license in California, it is essential to have an experienced California professional license lawyer on your side. Get advice from a lawyer who can ensure that the process goes smoothly.

Attorney Lynnette Ariathurai has years of experience serving businesses and professionals in Fremont, East Bay, Hayward, Milpitas, Union City, San Leandro, Gilroy, San Jose, Santa Clara and Newark. Contact us today for more information about obtaining your professional license.

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Common Mistakes Made in Contract Agreements

Contract agreements are the basis of most commercial transactions in California. Whether you are starting a business, buying or selling a company, entering an agreement with a vendor/distributor, or hiring a new employee, you will benefit from a professionally drafted agreement that establishes and protects your rights and interests.

A proper contract is all about the small details. Even a relatively minor error could cause serious headaches for you or your business. With guidance and support from a local contract attorney, you can help avoid the most common mistakes. Here are four common mistakes made in contract agreements to watch out for:

1. Failing to Draft a Written Contract

You can enter a contract agreement without writing anything down. Oral contracts are (often) enforceable in California. Under Cal. Civ. Code § 1622, “all contracts may be oral, except such as are specially required by statute to be in writing.” That being said, it is almost always a mistake to rely on an oral agreement. Not only does a written agreement clarify expectations and avoid misunderstanding, but it will make it much easier to protect your rights should a dispute arise.

2. Copying and Pasting a Template Agreement from the Internet

It does not take much internet research to find some basic contract templates. The ‘copy and paste’ approach to contract drafting is not good enough for you or your business. When parties rely on a pre-built template agreement, they frequently run into problems. A proper contract is one that is customized to meet your specific agreement. Copy/paste language is often inapplicable and inadequate.

3. Signing an Agreement that You Do Not Fully Understand

Do not sign a business or employment contract unless you fully understand the terms. In far too many cases, people run into problems because they signed an agreement they simply did not understand. Before you finalize an agreement, take the time to carefully read it over. Pay close attention to all the specific terms.

4. Not Working with a Local Business Contract Lawyer

Contracts are complicated. You do not need to negotiate and draft an agreement alone. Professionals and business owners can benefit from the guidance of an experienced California business contract lawyer. Among other things, your business attorney will:

Understand your purpose and objectives
Review the specific terms and conditions of the agreement
Fix any ambiguities or errors in the contract, and
Negotiate any terms that are unfavorable

It is important to remember that business contracts are fundamentally negotiable. You have the right and ability to seek better terms. Do not finalize an agreement until you are satisfied with the contract.

Contact Our California Business Contract Attorney for Help

Attorney Lynette Ariathurai is an experienced, reliable contract lawyer. If you have any questions or concerns about business or employment contracts, our team can help. Contact us now for a completely confidential initial consultation. From our office in Fremont, we serve communities throughout the East Bay, including Hayward, Milpitas, Union City, San Leandro, and Newark.

business attorney, contract agreements, local contract attorney

Common Legal Documents Needed for a California Business

Starting a business in California has many complex requirements, including a wide variety of legal documents. As you decide on the appropriate structure for your business, you may need to file articles of incorporations or organization, and you will need to draft and execute contracts for commercial leases and for hiring employees. Yet business owners continue to require many kinds of legal documents while running a company, from purchase and lease contracts to new employee and client contracts. Attorney Lynnette Ariathurai regularly assists businesses in Northern California with the varied legal documents necessary to start and to run a business. Our firm wants to provide you with more information about some of the common legal documents needed for a California business.

Filing Documents to Get Your Business Started

Depending upon the type of business you are planning to start, you may be required to fill out and file certain legal documents with the state of California. If you are planning to form a limited liability company (LLC), for example, you will need to file Articles of Organization with the California Secretary of State. If you are planning to form a corporation, you will need to file Articles of Incorporation with the California Secretary of State. Before you file Articles of Organization or Articles of Incorporation, you will need to check that your business has a unique name that is not currently being used by a company in California.

Depending upon the size and type of business, you also may need to register a “Doing Business As” or DBA. To register a DBA, you may need to file a fictitious business name (FBN) statement with the County Clerk or Register-Recorded in the county where your business will be located. If your business will not be in California but will do business in California, you may need to register with the Clerk of Sacramento County.

Business Contracts in California

There are many different kinds of businesses in California, and the specific types of business contracts you will need to have in place will depend upon a variety of factors, including the type of business you are operating and the type of workers you will hire. In general, the following are common contracts that are used in California businesses:

Leasing contracts;
Employee contracts;
Equipment purchase and lease contracts;
Client contracts;
Sales contracts;
Warranties and extended warranties; and
Service contracts.

How a Fremont-area Business Lawyer Can Help

A local business lawyer can assist you with the different elements of drafting, reviewing, filing, and defending legal documents in a California business. When it comes to the documents you need to file to form your business, we can assist you in creating and filing those necessary materials. With business contracts, attorney Lynnette Ariathurai can assist you with the development of contracts and review of contracts your business receives, as well as subsequent issues like breach of contract claims.

Working with a local attorney can be much more beneficial to your business than an online service that offers legal document drafting and review since a local attorney will have experience working with businesses governed by California law and handling filings in the specific county where your business is located.

Contact a Business Law Attorney in the Fremont Area

If you are planning to start a new business, it is essential to work with an experienced California business law attorney who can assist you in drafting and filing the varied legal documents you will need to run a successful company. Attorney Lynnette Ariathurai has been assisting businesses in Northern California for years and can begin working with you today. Our firm regularly assists businesses and entrepreneurs in Fremont, Hayward, Union City, Milpitas, and Newark.

Contracts, documents, forms