Why Use an Attorney to Form a Business Entity

When we talk with most people, the question “why do I need an attorney to help me start my business” is inevitably asked.  If you have ever been to the Colorado Secretary of State’s web site, you may be asking the same question since on the surface it looks like all you have to do is fill out a one page form and write a check for the filing fees.  While it is convenient that the Secretary of State has stream lined the process, one unintended effect is to make the process of forming a business entity look simpler than it really is.  Don’t get us wrong – it is not exactly rocket science, but there are many subtleties to forming a business entity some of which could have large effects down the road.  We even know of attorney's that ran into problems when they formed an LLC themselves because they did not practice business law and had a whole host of unintended consequences due to the way they set up their LLC.   These unintended consequences cost them a lot more money than it would have cost them to have the business properly set up in the first place.  A business attorney can help guide you through the process to help insure that the form that you choose for your business matches your goals and visions for the company.    

Additionally, in very few instances will the documents that are filed with the Secretary of State stand alone.  Other documents such as By-laws, Buy/sell Agreements, Shareholder Agreements Operating Agreements, or Partnership Agreements play a critical role in the operation of a business.  In addition, in order to be able to take advantage of the liability protection that many of the business entities offer you must conduct your business and hold yourself out to the public in a certain manner.  An attorney can advise you on what you need to do to minimize your risk of loosing your liability protection.

We will guide you through the different options available and help you choose the structure that best fits your individual needs.  We provide business formation services including incorporation, organization of limited liability companies, and creation of partnerships as well as drafting Buy/Sell Agreements, Shareholder Agreements and advising our clients on mergers and acquisitions.