Choosing
the Right Vehicle
When
choosing a C corporation, S corporation, limited partnership, LLC,
or other business entity, you should consider liability and tax issues
as well as fundability, ease of operation, flexibility, legal fees
and ease of adding new partners down the road and incentivising employees
and consultants with equity rather than much needed cash.
OCCIDENTAL
will help you:
1.
protect the founders from personal liability,
2. secure the company’s ownership of its assets,
3. operate your company easily and efficiently
4. position your company for dynamic growth.
Limiting
Your Liability
An
“off-the-shelf company” may protect your assets or repel
efforts to ”pierce the corporate veil.” To afford real
protection of your personal assets, your company must be (among other
things) adequately capitalized. Once the company is incorporated and
adequately capitalized, OCCIDENTAL can counsel you regarding compliance
with the Corporations Code and adherence to the corporate ritual.
Corporate rituals must be established and followed.
We
give you simple and easy to follow guidelines.
Organizing
the Founders
Standard
Articles of Incorporation and By-laws are not sufficient to regulate
relationships between founders. What if the founders signed noncompete
agreements with their prior employers? Can they contact their former
customers or vendors? What happens if one of the founders wishes to
leave the company? What happens if one becomes unable to provide services
to the company as originally planned? What if the founders disagree
on the way to run the company after a few years? Should the amount
of work performed by each founder after incorporation affect their
ownership interest in the company? Is the mere concept of being diluted
a heresy? Off-the-shelf companies do not address these issues. We
do.
OCCIDENTAL
can find solutions to such potential problems before they appear.
We are here to help you create new opportunities to accelerate your
business.
Protecting
your Proprietary Information and Building your IP Portfolio
For
your company to maximize its potential, it needs to secure ownership
rights to its technology. Founders, employees and independent contractors
should affirmatively transfer all intellectual property they may own
that is related to the activity of the company.
The
company should implement procedures and concrete measures to secure
the ownership and proprietary nature of its intellectual property.
Such measures may include registering copyrights, service marks, trademarks
or patents, or simply be through contractual arrangements.
OCCIDENTAL
can assist your company in securing adequate rights to the intellectual
property it needs and set up and implement tightly tailored IP protection
plans.
