Tag: Contracts

Business legal services in Silicon Valley

Common Legal Documents Needed for a California Business

business formation

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

Business legal services in Silicon Valley

Common – And Critical – Errors That Can Sink A Business

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Business Formation & Planning on Wednesday, May 11, 2016.

Eager to follow their dream and make a profit off a great idea or their passion, many business owners make critical mistakes during the formation period. Some mistakes cause problems that can be corrected later – but far too many cause problems that can stunt or sink a business. It is critical that you have skilled legal guidance on your side as you establish a business to avoid common pitfalls and errors.

Here are a few of the most common small business formation mistakes:

Assuming they need an LLC – Most people have heard of an LLC and therefore automatically assume that it is the entity type they need legally protect their business. There are a broad range of types of business entities, however, and each accomplishes something unique. Sometimes an LLC is not the correct fit for a business and creating an LLC could leave the business – and its owners – exposed to risk. It could also severely inhibit growth of the company later down the road.

Assuming template forms and contracts are good enough – Many people simply download boiler-plate agreements and contracts online and then fill in the blanks. In a lot of cases, business owners do not even read these agreements and have no idea what kind of exposure they leave the business open to. Work with an attorney to create contracts and agreements that protect your company and meet its growth needs.

Assuming they can have an “understanding” with partners and shareholders – Many people go into business with friends, family and colleagues with whom they already have a great relationship. They neglect to write agreements to formalize the business relationship, including obligations, percentage ownership and entitlements. You can count on disputes arising at some point in the life of the business. If those disputes are severe enough, your lack of an agreement could cost you or your partner an entire ownership share of the company and all the hard work and resources that have been invested.

Assuming no one will steal their idea – The greatest asset a small business has is its idea. Whether that is the concept to sell purple popsicles from a food truck to the next great innovation in technology, someone will try to duplicate what you are doing. It is critical that you work with an intellectual property attorney to develop safeguards, patents, licenses and trademarks that will protect your idea and the ability of your company to extract return from that idea.

The Law Office of Lynnette Ariathurai partners with business owners and entrepreneurs to build a solid legal foundation that will facilitate growth, both in the early stages and throughout the life of the company. Investing the time into doing it right up front will pay in dividends later.

Business Formation & Planning, Contracts, entrepreneurs, managing partners, trade secrets

Business legal services in Silicon Valley

Quick Tips Before Signing a Contract

On behalf of The Law Office of Lynnette Ariathurai, A Professional Corporation posted in Business Formation & Planning on Wednesday, December 16, 2015.

A business contract isn’t just a piece of paper. It’s a document that explains who you are doing business with, what type of business will be conducted and much more.

What is the person’s reputation in the industry? How has the business dealt with past deals? What is their reputation?

Consider the following factors before you sign an agreement:

  • Read the full agreement. This seems simple. However, all too often individuals sign agreements without reading the terms and conditions. If there is language that seems subjective or unclear, have an attorney review it with you and suggest amendments.
  • Know who’s involved in the contract. Who does the contract include? What parties will be held liable if there is breach of contract? Be sure the contract clearly identifies all parties.
  • Be aware of the length of the agreement and how it affects business. Make sure the actual length of the contract is clearly identified within the contract. If the contract is going to be renewed, how will that be handled? If the terms for the length of the contract are unclear, you can have an attorney assist you in making that language clearer.
  • Know your rights. Know what you are entitled to under the contract and what you are required to deliver. What happens if something goes awry? An attorney can draft terms in a contract to protect you from risks of liability and help you get what you bargained for from the deal.

While you may not consider working with a lawyer for drafting and signing a simple contract, the reality is that a lawyer can help save costs for disputes that could arise in the future. The time and money you spend, upfront, can ultimately be much more cost-effective. Consider how legal contract representation could benefit your situation.

Business Law, Contracts, tips on contracts

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Serving Businesses and Start Ups in the Greater Bay Area including Fremont, Hayward, Union City, Castro Valley, Milpitas, and Newark, CA.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.