Transactional business law involves helping companies with contracts, agreements, and other complex transactions. Transactional law often involves preventing problems and disputes through careful planning to cover all possible contingencies so their client can avoid future lawsuits and regulatory violations.
In our experience as business attorneys in California, we have represented sole proprietors, small business owners, family-owned farms, and large corporations. Contact Bakersfield business law attorneys Zimmer & Melton LLP to start your business, continue growing, and succeed in California's challenging business climate.
Bakersfield Business Law Attorneys
In representing large and small companies, start-ups, and individual small business owners, we have experience in helping our clients handle all types of transactions, including:
- Creating legal entities,
- Handling mergers and acquisitions,
- Drafting contracts,
- Negotiating agreements,
- Lease agreements,
- Property purchase and sale,
- Real estate agreements,
- Insurance claims,
- State and federal investigations,
- Reviewing documents,
- Filing business records,
- Counseling on regulatory compliance,
- Licensing,
- Farmland lease agreements,
- Heavy machinery lease and purchase agreements,
- Supplier agreements, and
- Employment contracts.
Entity Formation for California Companies
California business forms can include:
- Sole Proprietorship
- General Partnership
- Limited Partnership
- Limited Liability Partnership (LLP)
- Limited Liability Company (LLC)
- C Corporation
- S Corporation
When starting a new company, a transactional attorney can counsel the business owner and investors on the benefits of various business structures, which vary in terms of:
- Tax Treatment (Pass-Through or Double Taxation),
- Liability (Limited or Unlimited), and
- Corporate Formalities.
A business law attorney can also prepare the filing documents to formally register and file a new business in California. Other transactions in starting a new company can include hiring a registered agent and getting state and local licenses and permits.
One of the benefits of electing a C corporation as the business structure is to sell public shares in the company to raise capital. Offering securities, selling shares, and trading shares in the company requires strict securities compliance. The Securities and Exchange Commission (SEC) will investigate any problem securities issues and can hand down heavy fines and penalties. If your business intends to offer shares in the company, talk to your business lawyer to make sure your company is compliant with state and federal regulations.
Real Estate Transactions
Real estate transactions represent significant investments in a company. Real estate leases and property agreements may tie a business to a certain location for years, with expensive consequences for violating the lease agreement. Before signing your business up for a multi-year lease, talk to your attorney to review the terms of the agreement, negotiate for more flexibility, and make sure the property is fully vetted.
Business real estate transactions may also require bank or financial institution loans. Business owners may be bullish on the company's future prospects, but it is important to consider what will happen if things go wrong. An experienced business attorney can review the financial documents and loan agreements to make sure your investments are protected.
Buying a commercial property, industrial site, farmland, or other business real properties can come with unknown problems. Only after the purchase, the new owner may find construction defects, hazardous waste contamination, or regulatory changes that conflict with the business owner's intended use of the property. Before making such a large purchase, your attorney should review all documents and negotiate or make changes to provide for contingencies that could affect the value of the property if problems arise in the future.
Mergers & Acquisitions
In a merger or acquisition, a transactional lawyer is key to ensuring a smooth transition as multiple companies are combined into one or when taking over another business. Merger and acquisition transactions may involve preparing agreements and documents, negotiating the terms of the merger, and drafting exchange offers and tender offers. Problems with merger and acquisition documents and agreements can lead to delays, shareholder lawsuits, and securities investigations.
Business Litigation
When disputes arise that are not already provided for in contracts, agreements, or through negotiations, a business owner may have to resort to litigation to settle the issue. Litigation involves filing or responding to a civil complaint in court. Litigation in business may involve enforcing a contract, filing for damages, defending against employee discrimination claims, or any other dispute. Litigation in business cases may involve disputes between a business owner and:
- Suppliers or distributors,
- Clients,
- Another business,
- City or county agency,
- Insurance company, or
- Employees and independent contractors.
An experienced and aggressive business litigator can save your business time and money and get the claim settled or seek a judgment in your favor.
Experienced Business Lawyers in Bakersfield
At Zimmer & Melton LLP, we have assisted our clients in developing thriving businesses, helping their companies grow, and protecting the assets of investors and shareholders. Contact our office in Bakersfield today for experienced legal representation.