Business Transaction Information Sheet

The proper handling of a business transaction can help a company on many levels. It can add value to the business while also ensuring the company is prepared to handle a range of problems. Effective transactional matters can work to protect business interests while also minimizing the risk of future conflict. Business Transaction Attorney Thomas S. Carter has extensive experience helping businesses execute favorable business transactions. Our legal team is committed to providing skilled legal guidance to businesses in California. We can effectively address immediate concerns while developing strategy to achieve long-term objectives.

Business Transactions and Corporate Contract

Successful business operations depend on careful planning, negotiation, and management practices. An experienced attorney helps a company seamlessly function by completing smooth business transactions that support the business’ goals. At all stages of the business cycle, effective business transactions resolve legal issues and strengthen business relationships.

Corporate transactional services can include a wide range of matters, including:

• Compensation agreements
• Entity formation
• Financing documents
• Franchise agreements
• Licensing agreements
• Non-competition clauses
• Operating agreements
• Succession planning
• Stock purchase agreements
  

Before entering into any type of contractual agreement, it is critical the business owner understand the complex nature of the contract’s legal purpose. A business contract involves the exchange of goods or services which have value between two or more parties. Each must agree to the terms. An experienced business transaction attorney can negotiate and advocate for your interests while ensuring the contract contains requisite concepts. This allows the transaction to be executed smoothly without negatively impacting business operations.

Business Formation

When embarking on a new business venture, it is essential the entity choice and documents align appropriately with regards to the needs of the business. Many decisions need to be finalized by entrepreneurs and start-ups when starting a new business. Each decision has the potential of laying a solid foundation for the new company’s long-term prosperity.

How is the new business going to be structured? Or is an existing sole proprietorship or partnership changing to a limited liability company, c-corporation or s-corporation? Our experienced business transaction lawyer helps clients navigate the entire business formation process. This includes protecting intellectual rights and avoiding restrictive covenants. Decisions made at the founding stages have wide-ranging implications throughout the operation, impacting taxation issues, partnership relations, landlord-tenant relationships, insurance requirements, and more. Our team works carefully to make sure appropriate documentation is implemented while helping the business gain and maintain regulatory compliance.

The transactional practice of our firm extends to matters involving franchise representation. Decisions regarding purchasing or opening a franchise require deep consideration. We work closely with each client, representing franchisors and franchisees in all matters involving franchise law. Sensitive documents will require drafting and negotiating. Noncompliance issues need to be disclosed accurately and potential risks will need to be identified. Understanding from the beginning the web of franchise relationships can help set a new franchise up for success.

Business Mergers & Acquisitions

A merger happens when separate companies are combined to form one company. In acquisitions, one company purchases the other. Efficient growth is critical for a business and can be achieved in many ways. Acquiring and combining businesses can enhance productivity within an operation. Sometimes reorganizing, selling part of the business, or disposing assets can be beneficial. Ensuring these activities are completed effectively is imperative. Acquiring and blending separate companies into an existing company or establishing a new entity can offer many new opportunities. It can also have major implications for owners, managers, employees, stakeholders, and customers. An experienced business transaction attorney can provide advice and draft, review, and negotiate merger and acquisition agreements, joint venture agreements, corporate reorganization agreements, and compensation packages for certain personnel.

Mergers and acquisitions represent landmark events for companies. These transactions must be handled carefully with an eye toward accomplishing strategic objectives. Attorney Thomas Carter has experience with mergers and acquisitions, and he can explore the options, evaluate potential risk, and prepare the company for consolidating two businesses. Our firm handles all legal aspects involved with purchasing, selling, and reorganizing a company. This may include corporate reorganization agreements, merger and acquisition agreements, and joint venture agreements.

Real Estate Transactional Matters

In real estate law matters, The Law Offices of Thomas S. Carter assists with a wide range of transactional matters that include leasing, selling, financing, and developing properties. These activities can involve commercial leases, rental and lease agreements, and purchase/sale agreements. In real estate transactions, there are certain obligations which both sides must fulfill. A seller of commercial or residential property must make declarations disclosing relevant information about the property. Potential buyers must be advised of defects, electrical and plumbing issues, neighborhood concerns, noise issues, and any other situation that needs to be considered prior to the purchase. When these issues are not addressed upfront, it can open the business up to potential future lawsuits.

It is not uncommon for construction contracts to require modifications which can reflect updates for a development project. When both parties agree, an experienced business lawyer can draft paperwork to attach to the original contract. If the parties are unwilling to compromise, it may require negotiation to resolve the dispute. These actions can prevent construction delays and potential future liability.