Business Succession Planning
We work with business owners to provide planning which allows younger generation family members who are active or wish to be active in the business to assume control and responsibility of the business with other family members who may not be active in the business and are receiving other estate assets. Where younger generation family members are not involved, if there are other stockholders or executive employees, we provide advice and agreements allowing other stockholders and/or employees to purchase the client’s business interests upon death, disability, or retirement. Many of such arrangements involve funding with life insurance.
Such Business Succession Planning includes advice regarding estate tax burdens in the event of death and also includes the succession planning tools that best meet the business survival needs as well as the needs of the terminating equity owner, including deferred compensation arrangements, buy and sell agreements, long term consulting agreements, and appropriate non-competition agreements.
Formation and Organization of Business Entities
We provide advice and prepare appropriate documents regarding selection of the optimum form of business entity for use by clients from among corporations, partnerships, limited partnerships, limited liability companies, and other forms of organization, including all necessary documents to form the business entity as well as documents regarding the operation of the business entity, particularly where additional equity owners are involved.
We provide business owners with various services needed in connection with the continuing operation of a business entity, including advice regarding regulatory or tax requirements, negotiating and preparing employment and/or consulting agreements for favored employees, negotiating credit and financing arrangements with lending institutions, negotiating and preparing lease agreements, and advice and preparation of documents regarding agreements governing the operation of the business such as partnership agreements, and buy-sell agreements. We also provide clients with advice, negotiation, and/or review of documents in connection with the purchase and/or sale of a business and/or business entity.
Non-Profit and Charitable Organizations
We have represented clients in connection with the formation and/or operation of charitable and/or other non-profit entities including the necessary documentation and filing to obtain IRS tax exempt status. We are also prepared to advise clients with respect to various types of charitable gifts including charitable remainder trusts and charitable lead trusts.