Business Formation and Consultation

Limited liability entities such as LLCs and subchapter S corporations, among others, can provide you with a valuable extra layer of protection between your business activities and your personal assets. In order to receive this protection, business owners must satisfy all applicable legal requirements and must be counseled thoroughly on how to conduct themselves in the marketplace. We can provide this assistance on a reasonable flat-fee basis. Don’t trust your business’ future to web-based companies that charge to incorporate or organize your business but then leave you hanging. Companies like LegalZoom are not law firms, and they are an insufficient substitute for a long-term relationship with a well-qualified attorney or law firm. In addition, the attorney-client privilege does not exist when dealing with such companies. Often short-term savings achieved in taking this route in the formation of your business are outweighed by problems that emerge in your business later on. You should not rely on the assistance of non-lawyers to inform you about the legal requirements and the implications and requirements of starting a business. Give us a call. Flat-fee rates are available in many instances, and our hourly rates are very competitive.

Limited liability entities such as LLCs and subchapter S corporations, among others, can provide you with a valuable extra layer of protection between your business activities and your personal assets.  In order to receive this protection, business owners must satisfy all applicable legal requirements and must be counseled thoroughly on how to conduct themselves in the marketplace.  We can provide this assistance on a reasonable flat-fee basis.  Don’t trust your business’ future to web-based companies that charge to incorporate or organize your business but then leave you hanging. Companies like LegalZoom are not law firms, and they are an insufficient substitute for a long-term relationship with a well-qualified attorney or law firm.  In addition, the attorney-client privilege does not exist when dealing with such companies.  Often short-term savings achieved in taking this route in the formation of your business are outweighed by problems that emerge in your business later on.  You should not rely on the assistance of non-lawyers to inform you about the legal requirements and the implications and requirements of starting a business. Give us a call. Flat-fee rates are available in  in many instances, and our hourly rates are very competitive.

Business owners often file their base-line paperwork with the Kentucky and Indiana Secretaries of State, but then neglect to prepare the underlying documentation, including an operating agreement or bylaws, establishing in detail the relationship between owners and their respective rights and obligations.  This oversight can lead to serious problems and often unavoidable court battles when business owners fall out.  In the worst case, businesses fail.  Let us help you and your partners hammer out your agreement before a dispute arises.  We can help avoid surprises and head off costly legal battles.

In some cases, it might be unnecessary to create a new entity in the conduct of business dealings with others.  Even then, however, partnership and joint venture agreements are advisable if you are in business with others.  Having a written agreement that delineates each parties’ respective rights and obligations in the business establishes expectations clearly from the outset and helps the parties avoid future misunderstandings.  It is extremely rare at best for businesses not to encounter unexpected circumstances and for partners to agree at all times on the proper course of action.  You should seek counsel before a problem arises.  We can better and more cost-effectively address the issues you face in a business partnership or joint venture when we are retained on the front end rather than the back end of a problem.  Preparation and planning early will dramatically decrease the likelihood of your ever having to engage in expensive and unpredictable litigation when inevitable disputes arise.  We can help you and your partners memorialize your agreement in a formal writing, which will help you avoid future surprises, disputes and expenses.  Call us to see how we can help.

As a prospective business owner, you should make a conscious and well-considered choice when selecting your form of business.  Our lawyers are experienced in the creation of all sorts of entities from subchapter S and C corporations to limited liability companies and various types of partnerships.  Be sure to select the business form that best suits your business’ particular needs.  We can help.

Throughout the years, the Firm has represented condominium and homeowners’ associations across Kentucky and Indiana.  We provide consultation and assistance with issues regarding corporate governance, whether that entails drafting, review or revision of governing documents such as articles of incorporation, master deeds, covenants, bylaws and rules, and organization bylaws, and regulations or assisting board members and association members at large to address the issues that arise over time.  We also assist numerous associations with the task of collecting delinquent dues and assessments.  We can assist your board in the transition of control from your developer, and we can file liens and collection actions when homeowners’ and condominium association dues go unpaid.  Call or e-mail us to find out how we can help you.

Eddins • Domine assists a number of area non-profit corporations with a range of issues. We consult regularly with boards in the same areas in which we provide legal assistance to owners of private corporations. Some examples include providing consultation and assistance in the formation process, reviewing, negotiating and preparing all manner of written agreements and advising boards and board members in with regard to the day-to-day operation of the corporation or company and the fulfillment of applicable fiduciary duties. Let us know what we can do to help. We look forward to hearing from you.

Determining early on in a business relationship what will happen when you or your business partner dies, retires, becomes disabled or simply wishes to withdraw from the business is at least as important as establishing the rules by which you will conduct your business today.  Establishing the terms upon which a transition in ownership will occur is critical to ensuring the continued success of your business. Most business owners have no interest in being in business with their partners’ spouse, children or heirs.  Likewise, most of your partners’ family members have no interest in helping to run the business.  Plan now to avoid a future dispute when your business encounters inevitable changes in ownership.  A thorough and clear buy-sell agreement will help you maximize value in the business and keep the business afloat when change occurs.  In the absence of such an agreement, litigation can be an expensive and unreliable alternative, which your business might not survive.  Rely on us to assist you with planning for an ownership change.  We can help.

Dealing effectively with employees is one of the most challenging aspects of owning a business.  Strong employees are critical to the success of your business, and bad ones can poison the office environment.  Consequently, we are regularly engaged in consulting with business owners to assist them in getting the most out of their employees and in dealing with difficult or problem employees.  We can advise you in the hiring and firing process and defend claims brought by former employees, including breach of contract, unemployment and wage and hour claims and claims involving alleged harassment or retaliation.  Give us a call to find out how we can help.

Eddins • Domine has helped many of our corporate clients compile employee handbooks and formulate applicable employment policies.  Employee handbooks can provide valuable guidance to business owners and set the parameters of appropriate conduct for employees.  Companies who choose to adopt employee handbooks, however, must insure that the policies incorporated therein become part of corporate culture.  Worse than having no employee handbook is having one and failing to abide by its terms.  We can help your business put good policies in place and assist you and your workforce in complying with local, state and federal law.  Proactive employment policies can help you head off possible lawsuits and can make you better able to address lawsuits when they occur.  We can help.  Give us a call.

If you are considering buying into a franchised business, we can help.  Eddins • Domine represents many franchisees in the Louisville metro area.  Throughout the years, we have represented franchisees in the review and negotiation of a variety of agreements, including UFOCs, franchise agreements, leases and personal guaranties.  We have also assisted franchisees  in disputes with their franchisors. Give us a call.  We can help.