Business Startup

business lawyer
startup lawyer
business startup

Do you need a business lawyer?

Whether you are starting your first business or hundredth, a startup lawyer is an integral part of your new business team. 

Learn more about our services and the business formation process at Welch Law below. 

Ready to Start?

Request a consult today!

Before speaking to a startup lawyer.

We recommend you brainstorm the following prompts and narrow down your decisions. Doing so will help you formulate your business plan and discover major problem areas you will want to speak with your startup lawyer about.

  • What -
    • What are you going to do?
    • Is this a new service or product?
    • Is it an improvement on an existing service or product?
    • Have you researched the economic need in your area?

  • Business Name -
    • Traditional v. Contemporary?
    • Is the domain name available (website)?
    • Are there other competitors with a similar name?

  • Other Advisors -
    • Accountant, CPA, or Bookkeeper?
    • Business Coach?
    • Marketing Team?
    • If you need help, your business attorney should have a list of advisors they have worked with in the past.

  • Capital -
    • Will you be the sole source of funding?
    • How much is it going to take to get you up and running?
    • Will you have sufficient resources to cover your living expenses for 6-months?

Once you can answer these questions, or at least have a direction on them, you are ready to schedule a meeting with a business startup lawyer. The next section discusses the initial formation of a business entity and some choices you will have during your initial consultation.

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The First Meeting

During this meeting we will discuss your business plan, business strategies, and your expectations of Welch Law. The main legal points we will cover in this meeting include:

  • Type of Business Entity - There are four main categories of business entities. Which one is right for your new business depends on a number of factors.

    • Sole Proprietorship - Perhaps the most basic business entity, because there are no formal requirements. This business entity is owned and run by one person, and there is no legal distinction between the owner and the business. In other words, it is just you. Some sole proprietors will give their business a name by filing a fictitious name registration, but it is important to remember that a fictitious name offers no liability protection.

    • Partnership - A partnership is a business entity where two or more people have come together to accomplish some business function. Typically, the partners share in the responsibility, profits, losses, and liability. Care should be taken with any business relationship, because it is rather easy to create an unregistered (we call these 'informal') partnership. Registered partnerships are less common since the advent of the limited liability company ("LLC") for several reasons.

    • Limited Liability Company ("LLC") - Considered "pass-through entities" the LLC is a popular entity choice for many small businesses because of their flexibility and limited liability protections. The LLC is controlled by state law and the members (or, owners) enter into an operating agreement that details how the LLC will operate. LLCs can be taxed as a sole-proprietor, a partnership, a S-Corp, or even a C-Corp.

    • Corporation - Because the entity is separate and distinct from its owner, corporations afford their owners the most protection from liability. On the other hand, corporations tend to be more heavily regulated by state law and require frequent meetings and reports. Corporations are usually better for large companies or those seeking major investment capital such as seed or angel investments.

  • Liability - Liability comes in many forms, this is even more so in the case of business liability. Helping you understand these liabilities and how you can protect against them is vital to helping you grow a successful business. (Note: We do not sell insurance or give legal advice about insurance. However, we do educate our clients about some commonly known insurance products so they can discuss them with their insurance advisor.)

  • Local, State, and Federal Laws - Impact nearly every business. Knowing the laws and regulations that control your new business can save you a lot of money from unnecessary penalties and fees for failing to comply with legal requirements. We encourage our business owners to review city and municipal regulations in addition to the state and federal ones.

  • Contracts, Employees, and Other Considerations - Legally forming your business is a great first step in protecting you from liability, but as your business grows you will be introduced to new liabilities and legal issues daily. Understanding the difference between an independent contractor and an employee, whether a non-compete agreement is enforceable, whether you are legally permitted to file a materialmens lien, and the terms of your lease agreement are all critical to your success as a business owner. We help you foreshadow these and other issues; then we help you build a plan and the legal documents to protect your business.

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startup lawyer
startup attorney

Work

After gathering all the information, your startup lawyer gets to work forming your new business. The legal formation of your business is typically complete within 3-5 business days after the first meeting. During that time we perform the following tasks:

  • Secretary of State ("SOS") Filings - We file all of the necessary SOS paperwork with the State of Missouri. This formally registers your business name, and in so doing protects your business name. If we are performing registered agent services for you as well, we will file the necessary paperwork for that at this time.

  • Apply for Employer Identification Number ("EIN") - Even if you are a sole proprietor, you may want to apply for an EIN for your business. This is a unique identifier used by the IRS to track business income and expenses. Using an EIN will reduce identity theft because you will no longer need to give your social security number to your customers or suppliers.

  • Craft Your Organizational Documents - In most cases, this is your LLC Operating Agreement, but may also be a corporations By Laws. We complete a 30+ point checklist (see, LLC Checklist) with every new business to ensure we craft the document according to your needs. Depending on the services you have requested, we may also create a Buy-Sell Agreement, Employee Handbook, Independent Contractor Agreement, and other documents for you during this time.

  • Join Your Team - Many of our business partners enjoy the flexibility and connectivity our Subscription Legal Plans offer. Our plans are designed to be affordable and flexible for the small business owner so they have access to their business lawyer when they need it. While there are other options on the marketplace, we find most of our clients enjoy working with an attorney they know. Here is a short article on legal plans if you want to learn more.

LLC Startup Packages

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business attorney
startup lawyer
startup attorney
LLC startup

Single Member

Initial Consult

LLC Checklist

Draft Articles of Organization

Draft Operating Agreement

Register Fictitious Name

Apply for EIN

Follow-up Care


$650 plus filing fees

Two Member

Initial Consult

LLC Checklist

Draft Articles of Organization

Draft Operating Agreement

Register Fictitious Name

Apply for EIN

Follow-up Care


$950 plus filing fees

Form Your Company Today!