What are Business Matters?
The “Business Matters” focus area of our practice offers the legal services necessary to help you: start, buy, finance, grow, reorganize, or sell your business. Our firm focuses on the needs of business owners. The practice includes experience in a wide variety of corporate law and finance matters ranging from mergers and acquisitions, business asset and stock sales, tax-free corporate reorganizations, debt/equity restructuring, formation of corporations, Limited Liability Companies, and Limited Partnerships, preparation of shareholder agreements, LLC Operating Agreements, conventional or private equity funding, and stock redemptions. We also work with corporate officers with employment and executive compensation issues. The firm assists businesses ranging from start-ups to mid-size businesses with multi-state locations.
Our business formation work sometimes involves completion of key set-up steps for clients who have used business formation services available on the Internet. Key omissions found include:
- Failure to issue stock or membership units for new corporation or new LLC.
- Failure to adjust LLC Operating Agreement to specific business needs.
- Failure to include restrictive covenants to prevent shareholders or LLC members from leaving and taking business opportunities or competing with original business entity
- Failure to include proper by-laws or specify voting requirements on key business issues.
- Failure to address security law issues.
- Our Offer: We will review your corporate or LLC formation documents at No Charge and provide an initial evaluation of proposed corrective actions with an estimate of costs regarding the same.
- We find defective incorporation issues even with businesses of three or more professionals, including accounting firms, engineers, doctors, architects and even other law firms.
- In these economic times, the last thing your business needs is incomplete documents that can lead to an internal dispute or litigation.
In December, 2012, the firm completed a business acquisition in excess of $8 million involving a midsize software development company in Tucker, Georgia. Key issues included asset sale and sale of the Owners personal goodwill.
- The firm also completed representation of property owners in the largest eminent domain purchase of private land in Gwinnett County (consisting of over 58 acres of contiguous property). The matter was resolved to the satisfaction of our clients, the property owners, after over one and a half years of negotiations. The issues involved included valuations of raw land, business valuations, Will and estate issues, and interpretation of the new laws regarding eminent domain.
- The firm specializes in the negotiation techniques that are more likely to result in a mutually acceptable solution for many business issues. As businesses grow, there is often a need to acquire a larger building and add shareholders. McKenzie Law Associates has extensive experience in negotiating contracts to acquire existing buildings or assist owners with acquisition real estate, and construction contracts for desired building and related improvements
Our definition of small business extends from sole owner to owner groups of 2-10 and business revenues from start-up to over $10,000,000 in gross annual revenue. Small businesses make up over 90% of the nation’s economic activity, and is the largest employer of all working Americans. McKenzie Law Associates is focused on the needs of owners of small businesses. We treasure our long-term relationships with our clients, and enjoy working to help them achieve their dreams. Despite the range in gross revenues, most small businesses share the following common needs: entity choice and formation; initializing and up-dating owner agreements; contract review and negotiations; protection of intellectual property; business conflict resolution; business litigation; employment issues; and business succession planning.
Most recently, we have worked with quite a number of small business owners with the process of exiting their business through sales of their business to third parties. We expect this part of our practice to grow substantially over the next four years as “ baby- boomers shift from business ownership to retirement lifestyles.