Corporate Law

Corporate legal issues are among the most fundamental and important matters faced by a business because they have such a profound impact on realizing the expectations of the business’ stakeholders – owners, shareholders, directors, officers, investors and lenders, among others.  Getting the most out of organizing a business begins with choosing the proper entity – whether a corporation, partnership or limited liability company – but goes far beyond that.

Maintaining the Benefits of the Corporate Form

Corporations and Limited Liability Companies offer many benefits, including shielding shareholders and owners from personal liability, but only as long as compliance with the requirements of the corporate form are maintained. This includes, among other things, proper corporate record keeping and segregating the affairs of the business from the personal affairs of the principals. At The Packer Firm, we can advise businesses on a system of proper record keeping and controls designed to maximize the benefits of the corporate form.

Properly Drafted Corporate Documents

The articles of incorporation, by-laws and limited liability company agreement define the structure in which corporate decisions are made. Other documents such as subscription agreements, shareholder agreements, restrictions on transfer of shares or interest and buy-sell agreements also may be needed to provide for dispute resolution, retention of control or the exit of one of the principals. We prepare comprehensive agreements and corporate documents with an eye toward minimizing liability, avoiding litigation and providing resolution of disputes and orderly transition after the exit of a principal.

Fiduciary Duties of Officers, Directors, Managers and Controlling Shareholders

The law places fiduciary duties on officers and directors that are owed to shareholders, owners of membership interest – especially minority shareholders and members – and even to suppliers, lenders and other creditors in certain circumstances. Compliance with these fiduciary duties is largely a matter of recognizing the circumstances under which the duties are raised. We can instruct and advise your officers, directors, managers and controlling shareholders or members on their compliance duties and on how to minimize their risk of liability.

Please contact us for a free, no-obligation consultation on how we can help you maintain and maximize the benefits of corporate and limited liability company forms.