Robert J Huguelet Jr., P.C. has over thirty years of experience organizing and advising small businesses. We advise clients in all phases of the life of their business, including formation and operation and disposition. This experience is especially valuable in counseling the estate planning client who is also a business owner.
Clients often come to us with either an existing business or an idea for a new business venture. These entrepreneurs may be sole individuals, combinations of family members, colleagues, and/or investors. Moving forward with the right form of business entity such as a corporation, limited liability company or partnership is critical. The owner wishes an entity which best protects the owner against personal liability, requires the least administrative attention, minimizes tax liability and addresses transferability of the ownership interest upon such events – as death, disability or resignation of a co-owner. We work with clients to understand their concerns and business plan, form the optimal business entity and prepare required documentation such as subscription agreements, Articles of Incorporation/Organization, corporate bylaws, member operating agreements, and shareholder agreements.
A number of our clients operate as franchisees. These clients need to understand their franchise agreements as well as the unique dynamics of the franchise industry and, particularly, of the brand to which they commit.
A business may wish to grow (or downsize) by merger or acquisition. Transactions may be structured as a statutory merger, purchase of the assets of another company or by purchase of the stock. Our firm is ready to advise and represent in merger and acquisition transactions as well.
During the operating life of a business, many situations arise in which quality legal guidance is essential. Preparation and negotiation of employment agreements, general contracts with customers and vendors, commercial loan negotiation and documentation, employee incentive plans and/or agreements to raise capital are often needed. Our firm has been and trusted to advise and represent businesses in these areas for years.
Situations arise where ownership wishes to sell, transfer ownership or simply dissolve the business. Often this happens when an owner either wishes to retire and plan for his or her succession or simply take advantage of a timely opportunity. In some instances a transfer is the best way to resolve a dispute amongst co-owners.
Depending on the circumstances, the transfer may often be structured as a sale stock, the sale of assets, a merger, a gift or changing the legal holder of the equity interest to another entity, such as a trust.
Planning how to best exit from your business should be an integral part of your business and retirement planning. Proper planning now can provide you with retirement income, reduced income and estate taxes, and even let you benefit a charity if you so choose, regardless of whether you transfer your business to family members at discounted values, to employees, or to an outside buyer. In today’s market, the economy and trends are affecting the timing and value of business transfers.
Our office is experienced in representing both buyers and sellers in these transactions.