Throughout our history, at Lee Shome & Kennedy we have overseen mergers & acquisitions for a wide array of companies, with ranges above $50 million all the way down to under $1 million. It’s this practical application of business law that has allowed us to understand the intricacies of business acquisition agreements.
In order for a contract to be legally binding, a few key elements must be demonstrated. In certain instances, additional features may be added to cover the best interest of the signing parties, but these five points will cover the major requisites. Offer Acceptance Consideration Mutuality of Obligation Competency and Capacity Legally
San Diego Business and Due Diligence When buying a business, there are always risks. The process becomes even more nerve-wracking because a business is different from any other asset one can buy. While some of the aspects of the business may be tangible, many are not. The business will likely have receivables,
Some Limitations and Restrictions Closely held corporations, sometimes called close corps, are companies controlled by a small number of shareholders. In most cases, the original investors maintain control of their shares for the long-term, with little interest in selling shares or relinquishing any powers. “Closely held” is defined by the IRS as
Authorizing Background Checks Must Exclude Liability Wavers Conducting background checks on prospective employees is a practice companies large and small carry out to ensure the candidate is who they say they are. For organizations operating in the upper echelons of their industry, background checks are mandatory. Employers, therefore, must understand the processes
Trademark Steps Background: The legal definition of a trademark is, “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.” 15 U.S.C. §1127. Simply, a
At some point of operating your San Diego business, you may find it necessary to acquire an influx of capital to grow your business further. This can generally be achieved in one of two ways: debt or equity. When raising capital through equity, however, there are substantial and complicated government regulations that
If you are an individual looking to form a business entity by yourself, a limited liability company (“LLC”) is one of the easiest liability-limiting business entities to form and manage. In this article, we provide you with simple steps that will help you get started.
One of the main reasons for forming any San Diego business entity is to avoid personal liability for your company’s obligations incurred during business. In this article, we provide you with information to avoid liability, including a checklist produced by the California courts for determining whether the alter-ego doctrine might be applicable.
Limited Liability Company (“LLC”) or S-Corporation? Which is best for my business? Compare the similarities and the differences in these two entities and see which the best fit is for you.