Solid corporate legal work reduces costly disputes, clarifies decision making, and positions a business for investment, sale, or succession. Properly drafted governance documents, shareholder agreements, and contracts create predictable outcomes, protect personal assets, and make the company more attractive to partners and lenders, while integrating estate considerations for owner transitions.
When governance, contracts, and financial documentation are organized and aligned, businesses are better positioned for sale or capital raises. Buyers and investors assess legal risk closely, and well prepared companies can command stronger terms while reducing time spent on due diligence and remediation.
We prioritize accessible legal counsel that connects business goals to tangible documents and transaction support. Our team focuses on drafting durable governance instruments, negotiating contracts, and coordinating with financial advisors to implement plans that protect owners and promote stability during growth or transition.
We coordinate with estate planning to align ownership transfer mechanisms, powers of attorney, and trusts with corporate buy sell provisions. This coordination protects business continuity and ensures owner intentions are respected across personal and business transitions.
Choosing the right entity requires evaluating liability protection, tax considerations, management needs, and growth plans. Limited liability companies provide flexible governance and pass through taxation options, while corporations may offer advantages for certain investment or retention strategies. Each option has tradeoffs that should be matched to business objectives and owner circumstances. A legal assessment considers current operations, investor plans, and exit strategies to recommend an entity structure that balances protection and operational flexibility. The chosen entity and its governing documents should support the anticipated capital structure, ownership transfer mechanisms, and regulatory obligations to minimize future friction and preserve value.
Operating agreements and bylaws should define management roles, voting rights, meeting procedures, transfer restrictions, capital contributions, and dispute resolution processes. Clear allocation of authority and decision making thresholds prevents misunderstandings and provides mechanisms to resolve conflicts internally. These documents also set expectations for distributions, buyout triggers, and succession events. Drafting them to reflect actual business practices and owner intentions reduces ambiguity and the potential for litigation, and updating them as circumstances change keeps governance aligned with the company’s evolving needs and regulatory environment.
A buy sell agreement should be established as soon as ownership interests exist to address death, disability, retirement, or voluntary departure. It defines valuation methods, purchase triggers, payment terms, and funding mechanisms to ensure an orderly ownership transfer without jeopardizing operations. Early agreement prevents family disputes and provides a predictable path forward. Funding options and valuation methods should be selected with input from financial advisors to ensure affordability and fairness, reducing the risk that the business will face financial strain when executing a buyout.
Protecting personal assets involves proper entity selection, adherence to formalities, and clear separation between business and personal affairs. Forming an LLC or corporation and maintaining separate accounts, documentation, and insurance reduces the chance of personal exposure for business liabilities. Maintaining corporate formalities like meetings and records, and avoiding commingling funds are essential practices. Additional tools such as adequate liability insurance and well drafted contracts further mitigate risk, and asset protection strategies should be coordinated with estate planning to preserve personal wealth without compromising business operations.
Selling a business typically involves preparation, valuation, due diligence, negotiation of terms, and closing mechanics. Preparation includes organizing financials, contracts, and governance documents to present a clear picture to buyers. Valuation assesses tangible and intangible assets, market position, and future cash flows to set realistic expectations. During negotiations, key terms focus on purchase price, representations and warranties, indemnities, and transition assistance, and legal counsel helps structure the deal to allocate risk appropriately and facilitate a smooth closing.
Governance documents should be reviewed whenever ownership, operations, or strategic goals change, and at least periodically to ensure compliance with evolving laws and business practices. A regular review cycle might occur annually or upon triggering events like new investors, major transactions, or leadership changes. These reviews identify gaps, update provisions for modern practices, and ensure that valuation and transfer mechanisms remain workable, helping to avoid surprises during transactions or transitions that could disrupt operations.
Yes, Hatcher Legal represents businesses and owners in negotiations, mediation, and litigation related to ownership disputes, breach of contract, or fiduciary duty claims. Early intervention through negotiation and mediation often preserves value and relationships, while litigation is reserved for unresolved conflicts. Counsel works to identify the most efficient path to resolution, focusing on protecting the company, enforcing agreements, and achieving outcomes that allow leadership to refocus on operations.
Business succession planning intersects with estate planning by aligning ownership transfer mechanisms with wills, trusts, and powers of attorney to ensure seamless transitions. Integrating corporate buy sell provisions with estate documents and funding strategies such as life insurance or trust distributions preserves liquidity and avoids forced sales. Coordinated planning protects both the business and the owner’s heirs, clarifies intentions, and reduces the administrative burdens that can stall continuity after an owner’s departure.
Employment agreements and contractor relationships directly affect company risk by defining responsibilities, compensation, intellectual property ownership, confidentiality, and termination terms. Well drafted agreements reduce the risk of disputes, protect trade secrets and customer relationships, and clarify remedies. Proper classification of workers and compliance with wage and hour laws are also critical to avoid regulatory penalties and litigation risks that can be costly and disruptive to operations.
Coordinating with accountants and financial advisors ensures that legal documents support tax planning, valuation assumptions, and financing needs. During transactions, collaboration helps align purchase price mechanics, escrow arrangements, and tax allocations. Integrating legal and financial perspectives improves the accuracy of due diligence materials and ensures that chosen structures meet both legal requirements and financial objectives, producing more reliable transaction outcomes and reducing post closing disputes.
