Corporation & LLC Formation and Housekeeping

Transcription

1 KAUFMAN LAW PLLC Flat Fee/Package Pricing Corporation & LLC Formation and Housekeeping ASK THE BUSINESS LAWYER 230 PA R K A V E N U E. SUITE 1000 N E W Y O R K. NEW YORK HEB U S I N E S S L A W Y E R. C O M

2 I N T R O D U C T I O N WHY NOT DO IT YOURSELF? Treating the legal issues in your business as a DIY project is like the story of the $6 haircut. For years, Dominic D Angelo ran a local barbershop. He provided excellent service and charged $20 for a haircut. A competitor opened up across the street, charging $6 for haircuts. Dominic panicked. How can I compete with charging so little? I ll go out of business! he worried. He then decided that the only way to win was not to play. The next day, he put a new sign in his front window: WE FIX $6 HAIRCUTS. The moral of the story: sure, you can always find someone to do the legal work on the cheap (that someone may even be you!). But will the work be done well? Or properly? If you are your own attorney, have you been trained to spot what should be in your downloaded agreements that might not have been included? Isn t your company worth the investment to do it right the first time? WHY WOULD YOU WANT MORE? In each of these packages, there s a basic level to get started, but then the opportunity to get more. Why would you want it? More protection against business hazards. Under New York law, corporations and limited liability companies (LLCs) must prepare minutes of their activities at least annually. Without proper records, creditors may sue the business owners personally. Don t overlook the tax effects: without proper minutes/documents, the Internal Revenue Service could disallow the tax benefits. Your business growth depends, in part, on developing a strong team that will help you achieve your goals and guide you toward success. You ll do it better and faster when you delegate those activities that are not your company s primary focus. If you re bogged down handling your own legal work, you re not focusing on your core business or generating revenue. Get it off your plate! WHICH PACKAGE IS RIGHT FOR YOU? The right package for you depends on a couple of factors: Do you need to have a business entity formed in order to get started? Look at our Get My Company Up and Running! Programs. You ll see one for corporations and one for limited liability companies. Make sure you speak you your accountant for guidance on which business form will suit your needs better from a tax perspective. Have you already formed a business entity? If it s been a while since your company has a good, thorough check-up, consider our Annual Checkup/Business Assessment package. Or, if you ve been a little remiss in the legal formalities, you can redress that with our Just The Agreement, Ma am package. Or, go straight to our Maximum Flexibility package to have your dollars put toward whichever services you choose! change without notice. Please see page 8 for terms. Page 2 of 7

3 G E T MY C O M P A N Y U P A N D R U N N I N G! Are you starting a corporation? If so, one of these packages should meet your needs! Get My Corporation Up and Running! This plan is ideal if you... Own your business by yourself Want to shield your personal assets from liability Seek to professionalize your business to attract larger clients Love being by yourself but want to outsource the details Have confirmed with your accountant that a corporation is the best form of business for you Want the formation process to be as automated as possible Our Foundation Package includes*: o One fifteen (15) minute introductory telephone consultation o Interface with the NY Secretary of State to research availability of your desired business name o Reserving your business name o Creating your certificate of incorporation o Filing your certificate of incorporation with NY Secretary of State o FREE questionnaire to help guide you through the process and help you focus on the pertinent formation questions o Handled conveniently via ! COST: $ abcd Want more? Consider: The Enterprise Package, which includes: o Everything in the Foundation package, PLUS... o One (1) hour telephone consultation to confirm the appropriate structure for your business and to answer business formation questions o Creating your initial minutes to officially elect officers and directors (even if they re all you!), set up banking resolution, determine your capital contribution to the company, and issue stock certificate o FREE question guide to help you navigate these pertinent start-up issues COST: $1, abcd The Summit Package, which includes o Everything in the Enterprise package, PLUS... o Review of your pro forma corporate bylaws to ensure that they protect you to the maximum extent possible under current law o Four (4) hours of Sounding Board (consultation/meeting) time to review your business plan, sound out business problems and concerns, identify upcoming legal issues and work out the strategies for dealing with them COST: $2, abcd * Does not include obtaining an EIN or S-Corporation tax status with the IRS or NYS. change without notice. Please see page 8 for terms. Page 3 of 7

4 G E T MY C O M P A N Y U P A N D R U N N I N G! Corporations aren t the right solution for every business. A limited liability company can give you certain tax benefits but still provide you with personal liability protection like a corporation. Get My LLC Up and Running! This program is ideal if you... Own your business by yourself Want to shield your personal assets from liability Need the legal and accounting flexibility that an LLC provide Seek to professionalize your business to attract larger clients Have confirmed with your accountant that an LLC is best structure for you Want the formation process to be as automated as possible Our Foundation Package includes*: o One fifteen (15) minute introductory telephone consultation o Interface with the NY Secretary of State for your business name availability o Reserving your business name o Creating your articles of organization o Filing your articles of organization with NY Secretary of State o Publishing the official notice of the LLC s formation in two (2) newspapers o Confirming completion of the publication process with the NY Secretary of State o FREE questionnaire to guide you through the process and help you focus on the pertinent formation questions o Handled conveniently via ! COST: $2, (NY County); $2, (all others in NY State) abcd Want more? Consider: The Enterprise Package, which includes: o Everything in the Foundation package, PLUS... o One (1) hour telephone consultation to confirm the appropriate structure for your business and to answer business formation questions o Creating initial minutes to officially elect officers and directors (even if they re all you), set up banking resolution, determine your capital contribution to the company, and issue membership certificates o FREE question guide to help you navigate these pertinent start-up issues COST: $3, (NY County); $2, (all others in NY State) abcd The Summit Package, which includes o Everything in the Enterprise package, PLUS... o Creation of single member operating agreement to resolve issues before they arise o Determining the financial (and other) contributions that you will make to the company o Allocating profits and losses, and determining when distributions may be made o Setting the terms for and restrictions on when people can buy or sell ownership interests in your company o Outlining the circumstances under which the company may cease to do business without liability on the part of the member o FREE questionnaire to identify key ownership issues that your operating agreement should cover o Four (4) hours of Sounding Board (consultation/meeting) time to review your business plan, sound out business problems and concerns, identify upcoming legal issues and work out the strategies for dealing with them COST: $5, (NY County); $4, (all others in NY State) abcd * Does not include obtaining an EIN change without notice. Please see page 8 for terms. Page 4 of 7

5 A N N U A L C H E C K U P / B U S I N E S S A S S E S S M E N T P R O G R A M We re all encouraged to visit the doctor at least once a year to make sure we re in good physical health. Likewise, it s just as important to visit the Juris Doctor (your attorney) to make sure your business is in good legal health! A simple checkup can help identify issues before they blossom into serious problems. This program is ideal if you... Want to act proactively to protect your business Seek to keep your legal costs down by spotting potential pitfalls Welcome the over-the-dashboard perspective that an advisor can provide This Foundation Package includes: o Our strategic business assessment and risk evaluation tool to identify the critical issues that you face o One (1) sixty-minute telephone consultation to review the results of the assessment and provide a holistic audit to determine the areas of your business that are healthy and (possibly) sick o Preparing annual minutes that record your corporation s or LLC s significant decisions over the previous year o FREE question guide to identify the major business activities that you should document annually COST: $ Want more? Consider: The Enterprise Package, which includes: o Everything in the Foundation package, PLUS... o Reviewing the three (3) most important agreements (you choose what they are) that your company has signed to confirm whether your company is current with all of its contract obligations o Written assessment of potential danger zones and other issues in these agreements that your company may face in the coming year COST: $1, The Summit Package, which includes o Everything in the Enterprise package, PLUS... o Four (4) hours of Sounding Board (consultation/meeting) time to review your business plan, sound out business problems, concerns, and obstacles, identify upcoming legal issues and work out the strategies for how to deal with them COST: $2, change without notice. Please see page 8 for terms. Page 5 of 7

6 J U S T T H E D O C U M E N T M A A M / M A X I M U M F L E X I B I L I T Y JUST THE DOCUMENT, MA AM You may have already formed an entity and realized oops! you never got around to the formalities that are required by law to maintain your company in good status. Good recordkeeping is essential. Now is the time! Before you forget what those major decisions were, and when they were made, make sure they re set out in annual minutes. If you have not put together an operating agreement for your LLC, that s advisable, too, to make sure you re doing as much as possible to respect the limited liability form of business. Documents and Record-Keeping* Annual minutes For corporations (per year): $ For limited liability companies (per year): $ Operating Agreement (single member LLC): $ * Review of documents created by others is handled on an hourly basis. MAXIMUM FLEXIBILITY PLAN Need someone on your team but not sure your issues fit neatly into a package? Maybe one week, you need help reviewing a new lease for your office, but the next week, you need legal disclaimers written for posting to your website. And yet another week, you may have some questions about the benefits and burdens of subcontracting your work. With Nina L. Kaufman, Esq. s Maximum Flexibility Plan, you get to choose how you spend your time and money. It s a great way for you to build an ongoing relationship with an expert, experienced professional who will really get to know your business well. One who can bring an over-the-dashboard perspective to your company s growth. No fixed or minimum fees. Replenishable advances for fees and disbursements start at $5000 at $350 hourly rates. You can cancel at any time. Use the time however you like toward meetings, phone calls, documents... or just sound advice and support, like an a la carte menu of offerings and possibilities. It s your choice! change without notice. Please see page 8 for terms. Page 6 of 7

7 T E R M S TERMS AND CONDITIONS This brochure is for information purposes only. No attorney-client relationship is created between you and Nina L. Kaufman, Esq. unless and until you have signed the engagement letter provided to you and have paid the advance deposit(s) required. No services can be provided for individuals or businesses outside of New York State. The fees outlined in these brochures are effective June 1, They are subject to change at any time but will be confirmed with you prior to retention. If your issues are novel or involve a complexity beyond the scope of these packages, a different fee structure may be negotiated. If you cancel a package other than the Maximum Flexibility plans before all of the services have been provided to you, you agree to pay Nina L. Kaufman, Esq. for expenses incurred and time actually expended at the rate of $ per hour. Once we have been fully compensated, you will be refunded any remaining balance. Legend: a b c d Add $ to cover filing fees if DE formation and NY qualification desired. Add $ to cover filing fees if NV formation and NY qualification desired. Add $ for annual DE or NV registered agent fee. Add $ for professional practices that need consent from the NYS Department of Education. KAUFMAN LAW PLLC 230 PA R K A V E N U E. SUITE N E W Y O R K. N E W YOR K HEB U S I N E S S L A W Y E R. C O M