Florida Business Formation Attorney

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Being able to start a business is one of the most exciting and rewarding experiences an entrepreneur can have. However, starting your own business comes with a lot of legal considerations and paperwork that need to be taken care of to ensure your business is set up for success. This is where an experienced business formation attorney comes in.

If you're looking to start a business, my firm, Drew Gaddis Attorney at Law, can help. With over six years of experience, I will strive to guide you through the business formation process, helping you understand your rights and obligations, and collect the required permits, licenses, and tax identification numbers.

Located in Doral, Florida, I serve clients throughout the state. Contact me today to schedule a free consultation and see how I can help you get your business started.

Understanding Business Formation

Business formation is the legal process of creating and establishing a new business entity. This includes deciding on the structure of your business, registering your business with the state, obtaining any necessary permits or licenses, and setting up tax identification numbers. This process can be complex and varies depending on the type of business you want to start.

As a business formation attorney, my goal is to guide you through this process to help you make sure your business is set up properly according to Florida state and federal laws. Whether you're starting a sole proprietorship, partnership, corporation, or LLC, I have the knowledge and experience to help you determine the best structure for your business and navigate any legal requirements.

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Choosing a Business Structure

There are several types of business entities that you can choose from when forming your company. The most common ones include sole proprietorship, partnership, LLC (limited liability company), C-corporation, and S-corporation. Each type has its own set of advantages and disadvantages in terms of liability protection, tax implications, management structure, and more.

  • Sole proprietorship: As a sole proprietor, you will bear full responsibility for any debts or legal complications. Should there be a lawsuit from a customer or an employee, or should you incur debts from stocking your business, you will be personally liable.

  • Partnership: If you're entering into a partnership, the general rule is that each partner shares liability for debts and legal issues. However, in a limited partnership (LP), liability primarily falls on the general partner, with the other partners acting as silent contributors. In a limited liability partnership (LLP), partners are protected from any debts incurred by other partners.

  • Limited liability company: An LLC offers liability protection similar to a corporation, namely is safeguards the owners' personal assets from business-related liabilities. Profits and losses pass through to the owners' personal tax returns.

  • Corporations: Corporations can be either traditional, where operations are overseen by a board of directors and officers, or an S-corporation, where profits are passed to the shareholders who then handle the tax implications. In either form, the corporation assumes liability, though litigants may attempt to "pierce the corporate veil" if they believe the structure is fraudulent.

At Drew Gaddis, Attorney at Law, I will work with you to help you determine which type of business suits your specific circumstances. Contact me today to schedule a meeting.

Requirements for Starting Your Business

Once you've decided on the type of business you want to form, you will need to obtain the necessary documentation and licenses.

  • As a sole proprietor, there's minimal need for legal documentation apart from licenses and permits.

  • Partnerships, LLCs, and corporations, however, require comprehensive documentation that details the business structure and agreements between the founders, along with all relevant permits and licenses.

Each partnership should be guided by a formal agreement that specifies the roles and responsibilities of each party. Similarly, LLCs can benefit from an operational agreement, which outlines how the business will be run.

Corporations, especially C-corporations, are required to have articles of incorporation and bylaws that outline the functions and responsibilities of the shareholders, board of directors, and subsequent officers.

Regardless of the business structure, you will also need to obtain a federal tax identification number. Additionally, consider your insurance needs to protect your business operations. Liability insurance can help protect against on-premises incidents, while workers’ compensation insurance covers your employees and cybersecurity insurance can safeguard online operations.

Contracts and Employment Law

Many businesses rely on external alliances for their success, whether it involves vendors for retail supply chains or professional advisors for accounting and tax matters. If you employ a staff, it's essential to provide contracts that outline each employee's responsibilities and adhere to all federal and state laws that protect against discrimination and retaliation.

Each decision related to business structure, employment, and external contracts should be meticulously reviewed by a seasoned business attorney. Protecting yourself from liability is paramount, and I can help you make business decisions that are legally sound and thoroughly vetted.

How Can My Firm Help?

With so many legal considerations involved in starting a business, it's important to have an experienced attorney on your side. At Drew Gaddis, Attorney at Law, my goal is to help you create tailored strategies to get your business off the ground. As your business formation attorney, I can help with:

  • Determining the best entity for your business

  • Filing the necessary legal documentation

  • Complying with relevant state and federal laws

  • Obtaining permits and licenses

  • Reviewing contracts and agreements related to your business

  • Providing ongoing legal counsel as your business grows and evolves

If you're looking to start a business in Florida, reach out to my firm today to schedule a free consultation and discuss how I can help.

Business Formation Attorney Serving Doral, Florida

If you're ready to take the next step toward becoming a business owner, reach out to me today at Drew Gaddis, Attorney at Law. With extensive experience in helping entrepreneurs understand and meet the requirements of business ownership, I will strive to help you establish the business you've always envisioned and make informed decisions to overcome any hurdles that arise. Reach out to my office in Doral, Florida, and schedule a free consultation today.