Business Formation & Governance

Overview

Most disputes among owners — and most contract litigation — were determined years earlier, in an instrument nobody read closely or in the absence of one. Formation and drafting are the least expensive moments in a business’s life to resolve the questions that later become costly: who decides, who owns what, what happens when performance fails, and on what terms an owner departs. We draft with enforcement in mind, because this firm also litigates these instruments when they fail.

Most disputes among owners were determined years earlier, in an instrument nobody read closely or in the absence of one. Formation is the least expensive moment in an entity’s life to resolve the questions that later become costly: who decides, who owns what, and on what terms an owner departs.

How we help

• Entity selection and formation

• Operating agreements, bylaws, and partnership agreements

• Review and negotiation of commercial agreements prior to execution

• Drafting of master services, supply, purchase, and licensing agreements

• Founder arrangements: equity allocation, vesting, contributions, and roles

• Governance: voting thresholds, member and board authority, and corporate records

• Buy-sell provisions and departure terms, drafted before they are needed

• Sales of closely held businesses, asset and equity, from letter of intent through closing

• Ongoing outside general counsel

• Entity selection and formation

• Operating agreements, bylaws, and partnership agreements

• Founder arrangements: equity allocation, vesting, contributions, and roles

• Governance: voting thresholds, member and board authority, and corporate records

• Buy-sell provisions and departure terms, drafted before they are needed

• Sales of closely held businesses, asset and equity, from letter of intent through closing

• Ongoing outside general counsel

What it costs

Formation and governance work is billed at a flat rate, established before the engagement begins.

	Flat fee
Formation, all entity types, including articles of organization or incorporation	$300
Single-member LLC operating agreement	$450
Multi-member LLC operating agreement	$750
Partnership agreement, including limited liability partnerships	$1,250
Corporation bylaws, with assignment agreements, stock purchase agreements including vesting schedules, and indemnities	$1,500
Contract drafting, review, and negotiation are billed hourly.

Formation work is billed at a flat rate, established before the engagement begins.

	Flat fee
Formation, all entity types, including articles of organization or incorporation	$300
Single-member LLC operating agreement	$450
Multi-member LLC operating agreement	$750
Partnership agreement, including limited liability partnerships	$1,250
Corporation bylaws, with assignment agreements, stock purchase agreements including vesting schedules, and indemnities	$1,500

Who we typically represent

Founders at formation. Closely held businesses. Co-owners reducing to writing an arrangement they have run on trust. Owners preparing to sell.