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When starting a new business it is vitally important to protect not only the business but also the best interests of all the founders. Our business formation services aim to accomplish that goal.

Business Formation Services In The Charlotte, NC Area

The business formation lawyers at Marcellino & Tyson help clients with a number of legal services related to forming a new business entity. We are a business formation law firm in the Charlotte, NC area. We provide a comprehensive approach to business formation services. Speak with an experienced business formation attorney near you: Call (704) 919-1519 or fill out our online contact form. We operate in the Charlotte, NC area, as well as in York and Lancaster County, SC.

Choosing between forming a Limited Liability Company, C-Corp, S-Corp, Partnership or other entity can be confusing and difficult. The decision can have a tremendous impact on the success of the company and the security of the founders.

We will work with you to determine what structure makes the most sense for your business. That way, you ensure that you are protected and in the best possible position to thrive. Once we come to a decision on the structure of the company, we handle all the necessary steps following. We draft and file Articles of Organization or Articles of Incorporation to ensure the protection of the company and the founders as they begin the process of starting a new company.

business formation agreement charlotte nc

Business Formation Lawyers

One of the primary legal decisions a business must make is which type of entity to form. LLCs, partnerships, S-corporations, C-corporations, and nonprofits all have different features. With the help of a knowledgeable business formation law firm, you can select the entity type that makes the most sense for your unique goals and circumstances.

Some entity types are more flexible than others, so making the wrong choice could bring unexpected consequences or even cause an expensive conversion in the future. This decision could even prevent your company from making money. The business formation lawyers at Marcellino & Tyson can guide you to the right decision. Our business formation services have assisted many startups in the Charlotte, NC area, as well as Lancaster County, SC. Take a look at your options below.

  • LLC (Limited Liability Company): A limited liability company is a business model that combines aspects of a partnership or sole proprietorship and a corporation. Just like owners of a partnership or sole proprietorship, business owners of LLCs report business earnings and losses on their personal income tax returns, so the LLC itself is not a different taxable entity. However, like corporations, LLC owners’ personal liability for debts and claims is protected, hence the name “limited liability.” The result of this is that if the business acquires debt or faces a lawsuit, only the business’s assets are at risk.
  • LLP (Limited Liability Partnership): A limited liability partnership is a business partnership in which all partners have the right to control the entity. However, each partner has protection from negligent acts or personal liability of the other partners, and employees not under their control. Partners must have individual licenses in the field performed by the LLP and are permitted to partake in the management of the partnership without subjecting their personal liability. Partners in an LLP have the right to directly manage the business, unlike corporate shareholders.

Choosing the right corporation status is also an important matter to address. Our business formation lawyers will advise your corporation to operate under the most appropriate status.

  • S Corporation: An S corporation is a corporation in which owners have the limited liability of a corporate shareholder, but pay income taxes as a sole proprietor or partner would. The business profits pass through to owners who report them on personal tax returns, meaning the corporation itself does not pay income tax. Owners can also pass losses through to their personal income tax return, which can offset any income that they have from other sources. Additionally, S corporation shareholders do not pay self-employment taxes as active LLC owners do.
  • C Corporation: A C corporation pays taxes on business profits. Owners pay individual income taxes only on money received from the corporation as a salary and dividends, not profits and losses.
  • Non-Profit Corporation: Non- profit corporations are businesses formed for reasons other than generating profit. They can also be referred to as 501(c) corporations in IRS documents. After a non-profit reaches 501(c) status, it may be eligible to omit payment of state taxes, including federal income taxes. The non-profit’s purpose and structure will determine whether it qualifies for tax exemptions.

We offer business formation services to companies of all entity types. Let us help guide your decision so that you can structure your business for success.

Business Formation Attorney Near Me

If you are forming a business, you will need assistance from an experienced business formation attorney. If you are searching for a “business formation attorney near me”, consider the business formation services of Marcellino & Tyson. We are an established business formation law firm, offering guidance and a wide range of services. Aside from advising you on choosing your company’s legal structure, we also offer the following business formation services:

Filing with the Secretary of State

After choosing an entity, your new company can file the appropriate documents with the Secretary of State. It is very important to file organizational documents and receive notice back from the Secretary of State before beginning business operations. After the revision of the notice, you may enjoy liability protections. It is extremely helpful to have experienced business formation lawyers guiding you through these steps if you have never started a company before or need to form it quickly.

Legal Documentation

There is a standard set of formation documents for each type of entity. These documents are most common when the company runs into issues, not when things are going well. Drafting the founding documents should be collaborative and involve all owners.

Business Incorporation

Business incorporation is the action of forming a new legal entity that the law recognizes. Incorporation allows business owners, managers and entrepreneurs to receive multiple benefits. Incorporating your business reduces your risk and liability and offers protection of personal assets. If your business is a corporation, your personal assets can be guarded against the company’s debts.

Business Purchase & Sale

Buying and selling a business can be pretty complicated. Luckily, we can help. Our attorneys can efficiently guide business owners through the process, attending to every aspect of the transaction. There are many considerations for business owners to address that may affect the result of the transaction or lead to business litigation. Our attorneys will work with you to form a strategy for the successful purchase or sale of the company. Additionally, Marcellino and Tyson have extensive experience with mergers and acquisitions. Our business formation lawyers are able to advise clients on these transactions that may not include a direct sale.

Intellectual Property & Trademarks

Have you finally come up with a golden idea? If so, it’s probably worth protecting. Marcellino and Tyson are equipped to establish security for your intellectual property so that it can flourish in the future.
Intellectual property can be inventions, names, literary work, logos, designs, and art. Intellectual property law grants owners rights to many assets. Some of these include trademarks, copyrights, and patents. These laws give business owners, entrepreneurs, and inventors safety in their innovative endeavors.

Business Formation Law Firm

Marcellino & Tyson is a business formation law firm based in Charlotte, NC. We assist clients across North and South Carolina. Our business formation lawyers offer a wide variety of business formation services that help companies start off on the right foot.

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Our business formation law firm is happy to assist you in finding the right type of intellectual property protection for your next great idea.