Asheville NC Corporate Lawyers
Business law affects many issues facing Asheville businesses, partnerships, and corporations. So, in today’s business world, the local corporate attorney is an integral part of successful business teams. Fisher Stark, P.A., has experience with complex contract negotiations, business torts, investor relations, and more.
We help Western North Carolina businesses protect their interests, avoiding court as much as possible.
Asheville contract lawyer
For example, contracts are complicated. These complex documents assign risk to each person entering into an agreement. Consequently, contracts are comprehensive to protect business interests and punitive when broken. So, before signing any agreement, make sure you know what you’re signing.
As a business law firm in Asheville, we bring our experience to your business' table. So, by drafting fair agreements, solid contracts, and strong business deals, we let you focus on meeting the needs of your business, customers and industry.
Fisher Stark, P.A., uses our trial experience to draft contracts designed to keep our clients out of court. Because agreeing to contracts hastily created usually leads to spending years and substantial lawyer’s fees fixing problems. Our corporate attorneys help local companies avoid problems with Asheville business law. We enjoy helping community businesses avoid regretting hasty decisions.
Asheville business tort lawyer
When a dispute threatens or harms your company, you need experienced legal help.
Our Asheville business lawyers have tried many cases involving disputes. We have more than 50 years' business tort experience assisting all size companies from sole proprietorships to large corporations. When there's a dispute to your business that creates damages, experience matters.
Fisher Stark, P.A., offers aggressive representation with cases involving:
- Breach of fiduciary duty
- Theft of trade secrets
- Tortious interference
- Trade libel
- Unfair business practices
Business & partnership creation and dissolution
Fisher Stark, P.A., offers legal help to startup companies & partnerships, growing organizations, merging parties, and entities looking to dissolve.
Our experienced business lawyers help:
- Forming corporations, limited liability companies, limited partnerships, and general partnerships
- Drafting performance contracts and contracts for the sale of goods or delivery of products
- Preparing shareholder agreements, buy-sell agreements, license agreements, employee agreements, confidentiality agreements, non-disclosure and non-solicitation agreements
- Facilitating mergers and sales of closely held corporations
- Assisting with the daily needs of your business
What type of company should I form?
This question is the most frequently asked question when forming a new business. Of course, there are many factors to consider when choosing the type of business entity.
For example, factors affecting Asheville business include funding, number of shareholders, tax treatment of the entity, how investors will realize gain or income from their investment, the time horizon for the company, and many others.
Asheville business attorneys
Fisher Stark, P.A. offers the chart below to help our clients consider and select the right entity for their new business venture. But please note we have only addressed a few of the issues to consider when forming a new company. There are many more.
Avoiding trouble in the future means contacting an experienced Asheville business lawyer like those at Fisher Stark, P.A. today.
Western North Carolina lawyers
Fisher Stark, P.A., is based in Asheville, NC, but also serves surrounding communities including Woodfin, Weaverville, Marshall, Hoot Springs, Mars Hill, Black Mountain, Fairview, Chimney Rock, Lake Lure, Fletcher, Arden, Hendersonville, Brevard, Highlands, and Waynesville.
Fisher Stark, P.A. assists new businesses. growing businesses and dissolving businesses. We serve companies, partnerships and entrepreneurs throughout Western North Carolina, including Buncombe County, Henderson County, Madison County, Haywood County, Polk County, McDowell County, Jackson County, Swain County, Transylvania County, and Cherokee County.
Business entity considerations
|Considerations||C Corporation||S Corporation||Sole Proprietor||Partnership||Limited Liability Co.|
|A. Method||Articles of Incorporation||Articles of Incorporation||None||Partnership agreement; certificate filings for limited partnership||Articles of Organization|
|B. Owner Eligibility|
|1. Number of Owners||No limit||100||One||Two or more if general partnership; one or more general and one or more limited for limited partnership||One or more for formation of NC LLC; no limit after formation|
|2. Type of Owners||No limitation||Individuals and certain trusts||Individual||No limitation||No limitation|
|3. Affiliate Limits||No limitation||No subsidiaries (except some holding)||No limitation||No limitation||No limitation|
|C. Capital Structure|
|1. Equity||No limitation (multiple classes permitted)||Generally one class of stock except non-voting class allowed||No stock||No limitation (multiple classes permitted)||No limitation (multiple classes permitted)|
|2. Debt||No specific limits but debt/equity ratio may affect tax status||Safe-harbor for debt||No specific requirements||No specific limits||No specific limits|
|D. Status Determination|
|1. Election by Entity||No election requirements||Required IRS election||No election requirements||No election requirements but state law filing; limited, must meet safe-harbor||No election requirements; must meet safe-harbor|
|2. Owner Consents||None required||Consent required||None required||None required||None required|
|E. Liability||Limited to shareholder’s capital contributions||Limited to shareholder’s contributions||Unlimited||General partners jointly and severally liable; limited partners are generally limited to capital contributions||Limited to member’s capital contribution|
|F. Continuity of Existence||Perpetual||Perpetual||Limited to life of owner||Specific agreed term; may be terminated earlier by death, disability or insolvency||Specific agreed term; may be terminated earlier by death, disability or insolvency|
|II. Income Tax Issues:|
|A. Management||Board of Directors, officers||Board of Directors, officers||Owner||All general partners, managing partners may be appointed||Members or Manager|
|B. Tax year||Any year permitted (limited for personal service corporation)||Generally calendar year||Calendar year||Generally calendar year||Generally calendar year|
|C. Tax Income||Corporate level||Shareholder level||Individual level||Partner level||Company level|
|D. Elections||Corporate level||Corporate level||Individual level||Partnership level||Corporate level|
|E. Allocation of Income of Owners||Not permitted (except through multiple equity structure)||Not permitted (except through debt/equity structure)||N/A||Permitted if substantial economic effect||Permitted if substantial economic effect|
|F. Character of Income||No flow-through to shareholders||Flow-through to shareholders||Flow-through to individual||Flow-through to partners||Flow-through to members|
|G. Investment Interest||No limits||Shareholder investment interest limited to net investment income; corporation investment interest flows through||Limited to new income||Partner investment interest limited to net investment income; partnership investment interest flows through||Member investment interest limited to net investment income; LLC investment interest flows through|
|H. Net Operation Losses||No flow-through||Flow-through to shareholders (limited to basis); no basis for debts guaranteed||Flow-through to individual||Flow-through to partners (limited to basis)||Flow-through to members (limited to basis)|
|I. Net Capital Losses||No flow-through, but five year carry forward||Flow-through to shareholders||Flow-through to individual||Flow-through to partners||Flow-through to members|
|J. Undistributed Earnings||Surtax on accumulations of earnings in excess of reasonable requirements for current and future business needs; $250,000 safe-harbor||No restrictions||N/A||No restrictions||No restrictions|
|K. Effects of Statutory Limitations||Impose at corporate level||Imposed at shareholder level||Imposed at individual level||Imposed at partner level||Imposed at member level|