Thursday, September 24, 2009

Corporate Law Attorney

A corporate law attorney may be needed in many aspects of a business. Legal assistance may be required to properly incorporate a new company to ensure that the correct paperwork is filed with proper governmental agencies. Throughout a business's operation, attorneys may assist with a variety of legal tasks and negotiations. Should a business cease operation, attorneys may be needed to ensure that the dissolution of the company is appropriately and legally handled. Corporate law is a broad term and different attorneys that practice in this field may have very diverse duties. Some may work in firms that contract with other businesses to provide legal expertise and assistance. Others may work as in-house counsel to a particular company. A particular corporation may have attorneys on the payroll to handle routine matters, yet hire an outside corporate law attorney to handle a specific situation or issue. It's easy to see that a person may start a legal career as a generalist handling a variety of different matters and, over time, become a specialist in a niche area of business law.

Each of the fifty states has a governmental department of state that registers the corporations, both profit and nonprofit, operating in that state. When a person or a group of people decide to launch a new business venture, one of the first decisions that must be made is how the new company will be structured. Sole proprietorships and partnerships are relatively easy to set up, but forming a corporation is more complicated. A corporate law attorney can advise and assist the founding members to create a board of directors and write by-laws. The lawyer will also file the necessary paperwork with the state and ensure that the corporation is following all the state statutes and regulations. Similarly, a corporate lawyer can assist a group that wants to establish a nonprofit corporation with the required paperwork. Again, it doesn't matter whether the newly-formed corporation is a for-profit business or a nonprofit organization. Either way, when properly established, it becomes a legal entity that is separate from its owners. Corporations are taxed separately from stockholders or boards of directors and corporations can be sued separately from stockholders or boards of directors. A tax professional, such as an accountant, will be needed to help the new venture set up appropriate bookkeeping systems. In the case of litigation, a business's chief executive officer will most certainly want to seek the services of a corporate law attorney who can effectively advocate on the company's behalf.

A company's owners may establish their business as a privately held corporation, but then decide to go public once a certain level of growth has been reached. A corporate law attorney will almost certainly assist the current owners through the complicated process of issuing stock and the initial public offering. There are numerous federal laws and regulations that govern the process of "going public" and the owners would be foolish indeed to try to do something so complicated without adequate legal assistance. King Solomon once wrote that: "The foolishness of man perverteth his way: and his heart fretteth against the Lord" (Proverbs 19:3). Wise business owners understand that spending money on knowledgeable counsel in the present may save a lot of money in the future, especially on complicated legal matters. Another complex legal issue concerns mergers and acquisitions. When two or more companies merge to form a larger entity or when one business buys another, there are always complex negotiations that must be settled before the merger or acquisition can occur. A corporate law attorney that specializes in mergers and acquisitions will need excellent communication and negotiating skills so that she can have provisions included in the final contract that are favorable to her client.

Smaller businesses, even sole proprietorships and partnerships, may also need the services of a corporate law attorney for certain issues. For example, the owner of a donut shop may need legal assistance to help resolve local licensing and zoning issues so that he can open a second store at a certain location. Or perhaps the partners of a real estate firm are sued by a disgruntled former employer for alleged discrimination. The partners will have to hire an attorney to help fight the wrong accusations in court. Owners of companies that are too small to keep a lawyer on the payroll or to retain the services of a legal firm on an ongoing basis may not know where to turn when legal assistance is needed. A good place to start a search is the office computer. The owners may find information that helps them with their situation on websites that offer free legal advice. If a corporate law attorney is needed, the owners can search for one in their area via one of the many website directories that are now available. When a company needs to shut its doors, either because of bankruptcy or some other reason, attorneys can help take care of filing the needed paperwork with the appropriate governmental authorities, ensure that all liabilities are paid, and appropriately dispose of any assets. In the case of bankruptcy, an attorney may assist in preparing documents for the bankruptcy court and in meeting with creditors to negotiate repayment plans. Only the tiniest of businesses can begin, thrive, and dissolve without legal assistance somewhere along the way. For most companies, a lawyer will be a helpful resource and a strong advocate along the way to succes

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