Business Planning

The American economy moves through business. It is the constant flow of goods and services that provides for a more prosperous and vibrant economy and a better life for us and our kids.

Unfortunately, trying to run a business without proper planning can be a DISASTER. The average lay person cannot hope to read the entire Internal Revenue Code, let alone understand it, so they can’t be sure if they are making the right decisions to minimize their taxes, let alone protect their assets and interests from unforeseen liabilities.  Even when you’ve done nothing wrong, the cost of defending yourself against frivolous lawsuits can quickly bankrupt the average American.

From minimizing taxes, to avoiding personal liability for your business and its employees through the use of Limited Liability Companies and Corporations, the decisions you make at the outset of your new venture will play an enormous role in your future success. Remember that an ounce of prevention is worth a pound of cure.

The Mathews Group, LC can help you avoid inadvertent violations of the Uniform Trade Secrets Act, protect your personal assets against business liabilities and the negligence of your agents and employees, and protect you against the 50/50 stalemate of equal partnerships.

While proper business planning can’t guarantee that your business will be a success, it can greatly reduce the chances that you’ll face unexpected obstacles.

Call us to find out how you can create an LLC, a Corporation, or a Limited Liability Partnership and have the protection that you need.

Contracts

Most business litigation occurs because of a failure within a form contract used by an inexperienced attorney or layperson.  The Mathews Group, LC assists clients in the creation of inclusive documents capable of handling the foreseen, and many of the unforeseen obstacles that your business relationships may face.

Mergers and Acquisitions

The legal steps necessary when acquiring or merging businesses are very different from those required to start a new business, and it all begins with planning.

Sales of business entities usually fall under one of two categories, Entity Sales and Asset Sales.  When you purchase an entity, you acquire all of its assets, and its liabilities.  Any outstanding claims against the entity, even if they haven't been brought yet, for activites that occurred before the purchase took place.  Attorneys often recommend an Asset Sale to protect against those liabilities, where the original owner maintains ownership of the business, and the buyer acquires only the business assets.  While this protects the buyer against outstanding liabilities in theory, the reality is that if the transaction is not handled very carefully, the transaction may be deemed by the courts to be a sale of the entire business under the "mere continuation" doctrine, meaning that the new owner does become responsible for old liabilities.

The Mathews Group, LC assists our clients in avoiding the kind of errors that can end up costing tens or hundreds of thousands of dollars in litigation.

Real Estate

Some of the most important contracts that a business or individual ever write are related to Real Estate.  Whether buying, selling or leasing real estate, the contracts and entities used play a large role in the protection of businesses and individuals. 

The Mathews Group, LC recommends that rental properties always be separated into multiple entities, and that those entities be stacked and ownership divided between individuals and other entities.  This provides the best possible protection between properties, assuring that an accident occurring on one property doesn't affect the financial viability of other properties.

Dissolutions

Most people understand how contentious and illogical divorce cases can become.  Unfortunately, the dissolution of a business can be just as difficult as a dissolution of marriage, (and in the case of family-owned businesses, can often be part of the same case).  Many partnerships and joint ventures are created by laypersons or attorneys with basic legal forms that provide no good vehicle for dissolution or change of form of the business.  Often times, when business partners reach an impasse, the Organizational Documents allow for only one remedy; the dissolution of the entity and distribution of assets.  This can result in serious tax consequences, preventing either party from continuing on in the business at all.

If you think that you're reaching an impasse and need advice on how to restructure, dissolve or sell-out, call The Mathews Group, LC for a free consultation.