Corporate Formation Attorneys for Your New Business
Choosing the appropriate business entity, filing the proper formation documents and developing bylaws, operating, and other similar agreements are only the first steps in forming a business. At Jacko Law Group, PC (“JLG”), our corporate formation attorneys can oversee all of your business needs, whether you are forming a limited liability company (LLC), limited partnership (LP), or corporation.
JLG provides corporate investment adviser formation services and support that startup companies need to form a successful business. We provide ongoing corporate services and represent companies throughout California, nationwide and internationally.
Some of the specific areas that JLG addresses with clients interested in forming or maintaining a corporate entity include:
Drafting and filing formation documents, including business name and statement of information (where applicable)
Obtaining a tax identification number
Drafting applicable partnership agreements, operating agreements, or bylaws
Drafting shareholding agreements
Filing blue sky notices as applicable
Maintaining books and records throughout the formation process and for the lifetime of the business
Acting as a registered agent for entities formed in California
Our law firm also provides ongoing legal services to businesses after the formation process is complete. Our in-house attorneys will conduct an analysis of your business to spot risk management and legal issues before they become problems. We also provide as-needed updates and amendments to corporate documents, and help you file your annual updates.
How do you protect yourself and your family from liability if your new business faces litigation? How do you separate your personal life from business transactions? The entity you choose for your business will determine your individual liability for business dealings and tax liability in the years to come.
Our corporate law attorneys advise clients about entity choice, including partnerships, LLCs, professional limited liability companies (PLLCs), S corporations, C corporations and more. We recommend that you also speak to your tax accountant for guidance about how each entity affects your tax liability. Whether you are considering forming your own company or expanding your current options, JLG can help.
Strategic Counsel for New Business Models
Corporate structure & governance
Registration as an investment adviser or broker-dealer
Regulatory filings required for the business
Employment transitions & licensing
Development and review of business plans
Entity for business formation (LLC, S corp, etc.)
Review & analysis of current employment contracts & agreements
Guidance on marketing to former clients and safeguarding proprietary information
Creation of client documents
Drafting of client disclosure documents
Counsel on state & federal laws, rules, regulations and requirements
Transition steps for moving client accounts to the new entity
Considerations for RIAs, Private Fund Advisors, Broker-Dealers & More
Private Fund Advisers
A private fund adviser must take into account many variables when forming their entity. These variables may include how much money will be managed, whether the firm will manage futures or other commodity interests, who will be the initial investors in the entity, and what are the terms for investment.
JLG can provide the following private fund counsel services:
Completing corporate formations in Delaware, California & elsewhere
Completing registrations with the SEC, state, or as an Exempt Reporting Adviser (ERA)
Registering with the NFA as a Commodity Trading Adviser/Commodity Pool Operator
Providing counsel regarding venture capital
Offering guidance on contingencies for important events such as future valuation, put/call provisions, death, disability, withdrawal, or termination of a principal
Discussing important regulatory compliance considerations for the firm’s infrastructure & compliance program
Broker-Dealer Formation
There are many moving parts that must come together as part of the broker-dealer formation process: choosing the right business entity, creating the new membership application (NMA) form, developing effective compliance programs, drafting written supervisory procedures, preparing for the FINRA interview and ensuring that there is enough net capital, to name a few.
Guidance on supervision and surveillance solutions
Licensing & registration of entities and personnel
Broker-dealer advertising & sales literature reviews
Business continuity & disaster recovery plans (BCP and DRP)
Cybersecurity program development counsel on broker-dealer sales transactions & practices
Guidance on the latest regulatory & compliance rule releases & interpretations
JLG works closely with you from the beginning to thoroughly understand your business and your unique goals and challenges. Once this information is obtained, we create a project calendar detailing the projects that must be completed for the membership application, the estimated amount of time for completing each task and the JLG team members who will be involved in the formation process. Throughout the project, we maintain an open and ongoing dialog both with our clients and with the regulatory agencies involved.
