Before he became a Business and Corporate Attorney, Anthony J. Dispoto earned a degree in Business Management and Legal Studies at California State University, Fullerton. Afterwards Anthony Dispoto attended University of San Diego School of Law, where he focused his studies on Business and Corporate Law.
In addition to his academic studies, Anthony J. Dispoto worked for a real estate syndication firm for two years during law school. At this firm Anthony Dispoto regularly created new business entities, revised and drafted private placement memorandums for securities offerings, created miscellaneous contracts, and filed government-issued forms for the firm’s clients.
Creating Corporations and LLCs
Whether you choose to incorporate or create a Limited Liability Company, you are making a wise choice to shield yourself from the liability of the company. California allows business owners to limit their liability as long as the business is not run as an “alter-ego” of the individual.
Business Attorney Anthony J. Dispoto will help you decide which business structure is right for you to protect your interests. He will also make sure that you are adhering to all corporate or limited liability company laws to ensure maximum protection of your interests. To maximize the benefits of forming a new company, it is vital to get the advice of a competent legal advisor early.
Many people think LLCs are easier to run than corporations because the managing members of an LLC have fewer governance requirements. This is not always true. It is very important to make sure that your company, whether it is a limited liability company or a corporation, documents its decisions regularly. Regular documentation will keep your business in good standing with the state, and failure to follow such regulations, can cause you to lose your limited liability protections. Among the requirements are annual or bi-annual filing, government-issued forms, meeting minutes, statements of information, and business licenses.
Filings and Statements of Information
California requires corporations to file Statements of Information with the Secretary of State within the first 90 days of filing the Articles of Incorporation and every year after in the same month. Limited liability companies are required to file similar Statements of Information within the first 90 days of filing the Articles of Organization and every other year afterwards. This is the best way to keep the state informed of your business operations.
The Statement of Information will have all the information the Secretary of State requires to keep track of your business.
Meeting minutes are a record of the decisions that a company makes. These often come in the form of meetings of the board of directors, meetings of the shareholders, as well as elections of directors or officers of the company. We are more than willing to educate our clients on the creation of meetings minutes. We are also willing to assist in the preparation of the meeting minutes.
Regularly keeping minutes is important for every company to do. The minutes may be used to prove that the company, its officers or the board of directors acted within their respective rights and powers. If you are having trouble understanding what is required in the meeting minutes or how to write them, consult with an attorney.
One pitfall that many companies face is that they do not obtain the proper licenses before starting a business. Make sure that you receive all federal, state or local licenses before starting your business. Failure to obtain the proper licenses may cause your business to slow down or stop entirely until the proper licenses are obtained. Don’t make this mistake, instead contact a business and corporate attorney early who can file the paperwork for you.
Fictitious Business Names
A fictitious business name is a record with a local county recorder’s office that puts the public on notice that an individual, partnership, limited liability company, or corporation is doing business under a different name. If you decide to do business under a name other than your legal name or a company’s legal name you must file a fictitious business name statement with the state. However, you must do so quickly, it is required to file the statement within 30 days of doing business.
Don’t spend your time worrying about how to set up your business. Instead worry about making your business a success. If you need help setting your business up properly, consult with a business and corporate attorney that has the experience to get it done right.
The Law Office of Anthony J. Dispoto, Esq., is a professional law corporation. The office offers packages to set up a business that is right for you. If you have any questions or need advice on how to make your business work for you, call today for a free consultation.