Lyons Law Firm represents individuals and small
business regarding business/corporate law issues. Theses issues range from: 1) helping
individuals choose the type of entity to create - Sole Proprietorship, Limited
Liability Company, Partnership, Limited Liability Partnership, Corporation, or
S-Corporation; 2) Shielding individuals from personal liability/Asset
protection; 3) Contract disputes; 4) Human Resources; and 5) Employment
Contracts.
Creating the Appropriate Business Entity:
Lyons Law Firm works closely with its clients
and their accountants to create the type of entity which best suits their needs.
Sole Proprietorship: The
simplest entity to establish and operate.
It is created when an individual decides to go into business without
incorporating. Eliminates double
taxation if profits withdrawn from business. However, it provides no protection for
individual liability.
Partnership: Relatively
simple and informal to establish but must have a written agreement. A partnership is a voluntary contract
between two or more individuals or entities to place their money, effects,
labor and skill, in lawful commerce or business, with the understanding that
there shall be a proportional sharing of the profits and losses between
them. All partners have unlimited
personal liability. Profits are
taxed to partners at their individual tax rates.
Limited Liability
Partnerships: The same rules apply as to a General Partnership except limited
partners are only at risk to the extent of their investment.
Limited Liability
Company: Similar to a partnership however an articles
of organization is required to be filed with the Secretary of State of
Nevada. Members are generally not
liable for an LLC’s debt. Profit is taxes to owners at their
individual tax rates.
Corporation: There are
several tax benefits that should be discussed with an Accountant including
income splitting, fringe benefit plan tax deductions, the dividends received
deductions, and the tax break for investing in small business stock. In addition to these tax advantages,
there is also the benefit of limited personal liability and continuous
existence.
S Corporation: A
corporation which makes a subchapter S election is taxed like a
partnership. Therefore, the
corporation does not pay federal taxes on its income,
rather its shareholders pay the tax on its income.
Shielding Individuals from Personal
Liability/Asset Protection:
When a person decides to start a business, a
natural concern is protecting their assets and shielding them from personal
liability. Sole Proprietorships and
partnerships are easy to start with some tax advantages. However, they provide no protection from
personal liability for the company’s debts and liabilities, nor do they
protect the individual’s assets.
Limited Liability Companies, Limited Liability Partnerships,
Corporations and S Corporations help shield individuals from personal liability
and help protect their assets when they are formed and operated properly.
Contract disputes:
The ongoing nature of the business world is that
contract disputes between companies will arise. Lyons Law Firm advises clients who are
or may become involved in contract disputes as to their legal rights and attempt
to resolve the dispute in your favor.
In the event, we cannot resolve the dispute on you behalf we can
economically represent you in litigation.
Human Resources:
Our attorneys help our
clients develop and implement polices to assist them comply with federal and
state laws, including:
1. At-will
employment polices;
2. Absenteeism
policies;
3. Leave
of absence policies, Bereavem