Forming a Business

Choice of Entity

When starting a business, choosing the correct business entity is a critical decision that has important legal and tax implications.  Mr. Pelkofer will guide you through this process to ensure that you select the optimal business entity based on what's right for you and your business. 

Forming an Entity

When forming a business entity, numerous legal requirements must be satisfied.  Failure to meet these requirements may have serious repurcussions, such as the loss of limited liability protection.  Mr. Pelkofer will help your business fulfill these requirements so that you can worry about what is most important - running your business. 

Tax Identification Numbers

When forming a business entity such as a corporation or a limited liability company, you will need to obtain a tax identification number for that entity.  Mr. Pelkofer can submit the required information to obtain your business's tax identification number.

Registered Agent Services

Virginia corporations and limited liability companies must have a Virginia registered agent in order to ensure receipt of important legal documents such as court notices.   Foreign entities (i.e., non-Virginia entities) doing business in Virginia are also required to have a Virginia registered agent.  We provide registered agent services for all domestic and foreign business entitites.

Business Licenses

Most counties and cities in Virginia require a business to obtain various licenses before lawfully conducting business.  For example, an occupancy permit is needed all home-based and commercial site businesses.  Mr. Pelkofer can advise you of the various business licenses you will need to obtain for your business.  

Operating a Business

Business Contracts.

Business's enter into numerous types of contracts such as employment agreements, sales agreements, and commercial contracts.  We can  review and prepare your business contracts to ensure that they meet your business's needs.   

Business Owner Agreements.

All business owners should have written agreements with their partners to address, for example, what happens when one of the partners dies or becomes disabled,  a partner wants to withdraw from the business, or the partners want to add new partners to the business?  Mr. Pelkofer can review with you the different provisions in partner agreements and tailor the terms of the agreement to your unique business situation. 

Loans

When buying or operating a business, you will often need to obtain financing through an institutional or private lender.  Mr. Pelkofer can review your loan documents to evaluate your obligations and commitments.  In addition, he will explain your risks and restrictions under the loan documents and suggest potential modifications to the documents to maximize your rights and minimize your risks under the agreement.

Buying and Selling a Business.

Buying or selling a business requires an understanding of numerous legal, accounting and business issues.  Mr. Pelkofer will lead you through the legal and practical business issues to maximize the sale or purchase of your business.  

Business Services

Mr. Pelkofer provides top quality legal service and advice for all your business's legal needs including:

• Business Entity Formation: Stock Corporations, S-Corps,  Professional Corporations, Limited Liability Companies, Partnerships, Limited Partnership, Registered Limited Liability Partnerships, Business Trusts, Non-Stock Corporations (non-profit organizations)
• Corporate Documents (including S-Corps andProfessional Corporations):  Articles  of Incorporation, Bylaws, Annual Reports, Minutes, Corporate Meetings (shareholders & directors), Written Consents, Business Resolutions, Foreign Qualifications, Shareholder Agreements
• Limited Liability Documents - Articles of Organization, Operating Agreements, Amendments, Business Resolutions, Foreign Qualifications
• Partnerships (including Limited Partnerships & Registered Limited Liability Partnerships): Statement of Partnership Authority, Certificate of Limited Partnership, Registration of Foreign Limited Partnership, Foreign Qualifications
• Nonstock Corporations (nonprofit organizations): Articles of Incorporation, Bylaws, Minutes, Meetings, Resolutions
• Buy-Sell Agreements
• Business Plans and Proposals
• Registered Agent Services
• Letters of Intent
• Escrow Agreements
• Covenants Not to Compete