Business Entity Formation Lawyer in Eugene, OR
Endeavor Law is a top-rated Business Formation Lawyer in Eugene, OR and is eager to assist local business owners in laying the foundation for success.
Business formation is often the first major step for entrepreneurs establishing new companies, since your business structure can be used to secure financing, executives and other major pillars holding up a new company.
We can help you establish a solid business structure so that you can provide your organization with the best possible chance of success. Entrepreneurs are not afraid to take risks, but it’s still a good idea to minimize those risk by nailing down your business structure prior to launch. Endeavor Law is expert in all the areas involved in business formation. As a result, you can be confident that we will present you with all the relevant issues for your consideration and provide recommendations on how proceed depending on the particular circumstances of your new business.
Business entity choice is not a one-size fits all proposition. Each type of business structure—whether a sole proprietorship, partnership, limited liability company (LLC) or corporation—has its own set of pros and cons. Your business formation decision will primarily come down to an assessment of the following factors: liability protection, taxation, record-keeping requirements and whether your business will be self-funded or dependent on raising funds from third-party investors.
In addition, business entity choice may include consideration of which state to incorporate the business. For small business or start-ups that are not looking to raise money from outside investors, we typically recommend Oregon as the state of incorporation. However, for start-ups that are looking to raise money from outside investors, incorporating in the State of Delaware has some advantages that we will discuss with you in your initial consultation.
After we have met and determined which business structure will best suit the needs of your new business, all formation documents are bundled under either a single flat fee or an estimate of fees (depending on the complexity) that will be discussed at our initial consultation and reflected in a written Engagement Agreement before proceeding with the business formation.
Oregon or Delaware Limited Liability Company
(1) Drafting and filing the Articles of Organization (Certificate of Organization in Delaware) with the State of Oregon or Delaware.
(2) Drafting the Operating Agreement (LLC Agreement in Delaware) between the initial owners (known as “members”).
(3) Filing an Application with the IRS for an Employer Identification Number (if required).
(1) Drafting Intellectual Property Assignments.
(2) Drafting Confidentiality, Non-Disclosure and Assignment of Inventions Agreements.
(3) Awarding LLC membership interest for service, including “profits interest.”
(4) Filing an S Election with the IRS.
Oregon or Delaware Corporation
(1) Drafting and filing the Articles of Incorporation (Certificate of Incorporation in Delaware) with the State of Oregon or Delaware.
(2) Drafting the Bylaws.
(3) Drafting the Buy-Sell Agreement among initial shareholders (sometime referred to as a Founders Agreement or a Shareholder Agreement).
(4) Drafting the Initial Resolutions.
(5) Drafting the initial Stock Ledger.
(6) Drafting of Notice of Stock Issuances for non-certificated stock.
(7) Filing an Application with the IRS for an Employer Identification Number.
(1) Drafting the Intellectual Property Assignments.
(2) Drafting Confidentiality, Non-Disclosure (NDA) and Assignment of Inventions Agreements.
(3) Awarding shares of stock for services, including grants of restricted stock and stock options.
(4) Adoption of a Stock Incentive Plan for employees, independent contractors and advisors.
(5) Filing an S Election with the IRS.
Assumed Business Name
Drafting (or amending) and filing a registration of an Assumed Business Name with the State of Oregon.
Foreign Limited Liability Company Registration in Oregon
Drafting and filing an Application for Authority to Transact Business for a Foreign Limited Liability Company with the State of Oregon.
Drafting and filing an Application for Authority to Transact Business for a Foreign Corporation with the State of Oregon.