Small Business Formation

News & Analysis as of

Building a Saleable Business & The Importance of a Strategic Plan

For a small business government contractor (“GC”), its small business size is arguably its greatest asset. In the context of building a saleable business, however, if the GC owner or owners fail to adopt and implement a...more

Business Court (In Judge McGuire's First Opinion) Outlines The "Indispensable Requirements" For The Formation Of A Partnership

Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia...more

Funding a Partnership

One of the primary advantages of a partnership (or limited liability company) over a corporation is the flexibility to structure the business deal. Rather than having to deal with unwieldy units of stock or other ownership...more

Blog: You Never Issued Stock To Your Founders. Is That A Problem?

You and your co-founders have begun exploring a new business idea. You plan to incorporate, build out a team and raise capital in the future. However, before incorporating you decide to divide ownership in the future company...more

Is Franchising The Right Model For Your Business?

Franchising is a flexible, tried and true method of distributing products and services and offers business owners an alternative avenue to expand their already successful businesses. One immediately thinks of McDonalds or...more

Legal Considerations for Web-Based Start-Ups  [Video]

Evridiki (Vicki) Dallas covers issues related to: - Choice of legal entity; Founder’s Shares and agreements; Stock Option Plans - Trademark/Copyright/URL and other IP Concerns - Data Privacy - Website...more

Choosing the Correct Business Entity: The Basics

By carefully considering the forms of business entity that are available and then intelligently choosing an appropriate one, you can reduce exposure to liabilities, save taxes and launch the business in a form capable of...more

Follow-Up on Delaware Public Benefit Corporations

On August 1, 2013, the Delaware legislature effected amendments to the Delaware General Corporation Law allowing corporations to elect to be formed as, or convert to, a public benefit corporation (PBC) (Subchapter XV of...more

Europe’s Incubator Central

Berlin is becoming the Continent’s top start-up destination - Jörg Meissner, a partner in Morrison & Foerster’s new Berlin office, had an eye-opening experience while visiting Silicon Valley to check out the start-up...more

Back to Basics – Choosing the Right Entity for Your Business

There are several different options when forming a business entity. Whether starting a new business or reevaluating an existing one, choosing the right entity structure involves several important considerations including...more

Nevada’s New Business Portal Collects $100 Million In State Revenue

A little over a year ago, I wrote about the Nevada Secretary of State’s launch of Silverflume. This innovative internet website aims to be a “one stop” portal that consolidates and coordinates the information needed to start...more

How to Start a Legal Network Marketing Company

It is not easy take for an entrepreneur to decide to start a network marketing company. There are hundreds of bullet points to consider when preparing to launch a MLM company; funding, products, consultants, legalities,...more

What You Need to Know About S Corporations in California

Are you looking to start a new business in California? If so, you may have heard about S corporations. However, contrary to popular belief, an S corporation is not a business structure — it is a tax status. Any standard...more

Starting a Craft Brewery: Business Tips for the New Entrepreneur

The Craft Brewing Industry is booming in America. According to the Brewers Association, since 2000, the number of craft breweries operating in the U.S. has increased by more than two-thirds. Over 2,500 craft breweries...more

Rollovers as Business Startups: A Guide to Using Retirement Funds to Start a Business

Over the past 10 years, thousands of entrepreneurs have used their existing retirement savings held by a qualified retirement plan or IRA to finance the startup or acquisition of a new business. According to industry experts...more

New Law Will Change the Way Limited Liability Companies Form and Operate

The rules that govern businesses formed as limited liability companies, or LLCs, in California are about to get their first major overhaul in 20 years with a new law that takes effect on Jan. 1. Known as the California...more

Want to Start a Business in the U.S. and Obtain an E-2 Visa? What Does the Marginality Requirement Mean for an E-2 Visa

An E-2 Visa is a Visa that is available for entrepreneurs, investors and business owners who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and in order to...more

The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll...more

Should I incorporate in Nevada, Wyoming or Delaware?

I often speak to potential clients who have heard they should incorporate or from an LLC in Nevada because there are “no taxes” or in Delaware “because it’s the best place.” They want to know what I think....more

Do I Need An Entity for My Business? Cont…

As we discussed before, most people end up operating their business through an entity of some sort. However, there are some individuals who do not necessarily need an entity and can operate their business as a sole...more

Strategic Vision for Emerging Companies – Interview with Marty Lorenzo, Member, Mintz Levin [Video]

Attorney Marty Lorenzo, Member of Mintz Levin's Corporate & Securities Practice, discusses the steps newly formed companies need to take to ensure they are prepared to execute their exit strategy. ...more

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

Making the ‘Right’ Choice

You have the idea, you have the funds, and you are ready to start your very own business! Now what?! Whether this is the first and only time you will do this or whether you are an established entrepreneur, one of the...more

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

Description Of The Small Business Investment Company Program Participation By Funds Using Debentures

A Small Business Investment Company (SBIC) is a privately owned and operated company that makes long-term investments in American small businesses and is licensed by the United States Small Business Administration (SBA)....more

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