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Archive for December, 2011

Should you get an Operating Agreement?


What is an Operating Agreement?  An Operating Agreement is the contract between the owners of a Limited Liability Company that controls how the company conducts business.

Do you REALLY need an Operating Agreement?   Yes you do!

In a limited liability company (LLC), the members of the LLC are the owners of the business.  If you have more than one member or owner, you absolutely need to have an Operating Agreement for your business.   No matter what size your business may be or how many members it may have, everyone, including the business is best served by having an Operating Agreement for the company.

An Operating Agreement sets out how the members would like to treat their ownership interest in the event of certain occurrences to the company or the members themselves.  These occurrences may include disability, divorce, death, the sale of the company, or the dissolution of the company.  An experienced Atlanta lawyer can draft an operating agreement that will help the business owners to develop a plan to handle circumstances as these and many more.

An operating agreement may contain a wide variety of provisions that set out the management of the company and the specific situations that require agreement of the owners.  The operating agreement can set out each manager’s and member’s rights and responsibilities to the company as well as to each other.

One of the most important goals of an operating agreement is to set out a system to resolve disputes and problems as they arise in the company.  The avoidance of deadlock through a system of dispute resolution set out in the operating agreement can help a company get through difficult times in the business.

The Collins Firm can provide an Atlanta, Georgia based attorney who will work with business owners to determine the best structure and provisions that will meet the needs of the company and the owners.

Atlanta business law attorney Matthew P. Collins, Esq., has almost 20 years of experience assisting businesses ranging from large, well-established companies to small start-up operations.  Mr. Collins has the skill, experience and knowledge to help you move your business grow and succeed.  For a complimentary consultation, call The Collins Firm at 404-214-6070 or email us today.

Atlanta Trademark Attorney Ready to Serve…

Two of the biggest mistakes that a start-up or small business makes are failing to protect its name and/or logo and failing to research whether its name or logo infringes a trademark belonging to someone else.

The first mistake, the failure to protect your name and logo can damage the business’s brand equity.  Any business can benefit from having their corporate logo and name trademarked through the US Patent and Trademark Office.

Of course, failing to research whether a business name or logo is already in use could lead to a lawsuit.  Legal action can be costly and time consuming yet can be easily through good legal counsel. An experienced lawyer can help your business research your company name and logo and file a trademark application on your behalf.

Fortunately, business owners can avoid both of these mistakes with the assistance of an Atlanta, Georgia based trademark.  The cost to retain an experienced trademark attorney is modest, yet the benefits and protections can be substantial.

An Atlanta, Georgia trademark attorney from The Collins Firm can help business owners protect their intellectual property, corporate name, and logo through filing the appropriate trademark application with the United States Patent and Trademark Office (USPTO).

Atlanta business law attorney Matthew P. Collins, has almost twenty years of experience assisting businesses ranging from large, well-established companies to small start-up operations.  Mr. Collins has the expertise and knowledge to help you grow your business through the provision of a wide variety of legal services ideal for business operating in Georgia.  For a free consultation, call us today at 404-214-6070 or email us now.

Asset Purchase/Stock Purchase Agreements

When a business seeks to buy the shares or assets of another business, both sides need an experienced business law attorney.  Both businesses benefit from skilled legal representation so whether you want to buy a business or sell a business, keep reading this article.

Why should you hire a good Atlanta business law attorney to help you get a good agreement?  A thorough and detailed contract is essential to give both sides the benefit of the transaction. Every business sale or purchase should lead to a solid benefit for both parties involved.  The absence of a mutual benefit is a sure ticket to expensive and time consuming litigation.  The Collins Firm can provide knowledgeable and effective business law representation to help you get the benefit of your contract.

Stock Purchase Versus Asset Purchase Agreements

Which should you choose?  Stock purchase or asset purchase?  The answer varies and changes with every situation.  This decision by itself is reason enough to call The Collins Firm to help you with your business agreement.

Part of the decision rests on the question of whether or not all of the business assets are being sold or just some of the business assets.  Another consideration is whether any debts or liabilities are also part of the deal.  These are just two considerations that can help you decide which type of deal to make.

Protecting Your Interests in Business Deals

Regardless of whether you are buying or selling, you need an experienced attorney to help protect your interests in the business deal.  When a business or corporation sells stock or acquires assets, they may also acquire debts or liabilities.  The proper handling of debts and liabilities is critical to the success of the business deal.

Whether you are a business buyer or a seller, The Collins Firm can help you be sure that your best interests are protected from beginning to end of the transaction. The Collins Firm is skilled at helping in asset acquisitions, stock sales, and can help you regardless of which side your company is participating.  We will review and prepare contracts for you and can help provide you the due diligence necessary to make the most of any deal. .

Business agreements include:

  • Asset Sales Agreements
  • Stock Sales Agreements
  • Stockholder/shareholder agreements
  • Partnership interests
  • Real estate leases and purchases
  • Business property/equipment

We can also assist with drafting any offers, letters of intent or purchase agreements. In addition to representing you, your business or corporation during the transaction, we are skilled business negotiators who can render vital assistance in drafting and structuring your asset purchase agreement.

Contact Us for Georgia Business Acquisition Lawyers

Call or email the Atlanta, Georgia based The Collins Firm, to talk about your business needs.  The Collins Firm has extensive experience in representing businesses and corporations in asset purchase agreement transactions as well as stock purchase and sales agreements. We represent corporate and business clients in the Atlanta metro area, as well as across the state of Georgia and throughout the world.

Contact The Collins Firm today!