Home Blog Business Formation Attorney

Business Formation Attorney

Jump to Section

Quick Facts — Business Entity Lawyers

What is a Business Formation Attorney?

A business formation attorney provides legal assistance to company owners as they form and execute their businesses. In addition, business formation attorneys handle legal issues on taxes, registration, and liability protection.

Read on to learn what services a business formation attorney can provide when founding your business and how ContractsCounsel can connect you with an attorney meeting your needs.

Here is an article to learn more about a business formation attorney.

What Role Does an Attorney Play in Helping Form a Business?

Business formation lawyers provide businesses with the assurance of a solid foundation. Minimizing errors in the early stages of business formation allow the business to focus on operations.

As a business lawyer, hiring a lawyer in the starting stages of your company can be an advantage. Here are some of the roles of a business formation attorney.

  • Structure. A business lawyer is familiar with the different types of legal systems your business might be able to take on. Then, based on your company’s needs, they’ll recommend different structures that will give you control, tax advantages, and fundraising incentives to meet your needs.
  • Drafting. You don’t have to worry about business contracts. A lawyer allows you to organize the agreements required to form your business. Proper drafting can ensure you are protected in case of an ownership dispute.
  • Strategic Decisions. Aside from knowing legal standing, your business attorney can make suggestions your business might face from financial and publicity areas. Forming a business requires strategic thinking, and a lawyer will provide you with perspective and risk management expertise.
  • Connections. Hiring a business lawyer means expanding your network. They know many investors and related parties that might suit your needs. A well-reputable lawyer buys your company credibility for business relations and can assist in providing your business with the trust of partners and investors.
  • Peace of mind. Securing funding for a business is a full-time job. A business owner needs to spend energy crafting the business rather than looking at the fine print. Having a lawyer means you can delegate the necessary time to understand the requirements of the state and federal laws to run your business. Another thing your lawyer can do is to educate you and your employees on the legal aspects of your business. This way, everyone avoids making mistakes that can destroy your business before it’s even begun.
  • Protection. Your lawyer can protect you from potential legal cases against you. For example, they can point out which brand names or business taglines are available by running basic searches.Similarly, they can protect your rights from being violated. For instance, your lawyer can help you create a patent for an idea that is yours or help you copyright your business logo.

Here is an article describing the value of business formation attorneys.

What Is Business Formation?

Business formation revolves around the legal structure your business will take on. The area involves defining how you make profits, how you are taxed, what your liabilities are, and what requirements are needed for government registration.

Here is an article describing business formation.

Meet some lawyers on our platform

Adam J.

13 projects on CC
CC verified
View Profile

Ryenne S.

968 projects on CC
CC verified
View Profile

Dolan W.

1097 projects on CC
CC verified
View Profile

Allen L.

151 projects on CC
CC verified
View Profile

Types of Entities a Business Can Form

There are different business entity types to choose from:

  • Sole proprietorship. In sole proprietorships, the business solely owns and is responsible for the decisions of the business. You are liable for all business problems incurred, which means that your personal assets can be used to pay debt/legal actions/bankruptcy. You pay your profit’s taxes through your individual income tax because you and your business are taxed as one entity.
  • Partnerships. In a partnership, there is usually a general partner and a limited partner who work together. A general partner makes the business decisions, but their personal assets will be used in case of debt or bankruptcy. A limited partner only invests capital and has no say in running the business. However, their assets are protected from any problems incurred in the business. In a partnership, each partner pays their profit taxes on their personal income tax.
  • Limited Liability Company. An LLC, or a limited liability company, is owned by members who make business decisions together. Each member's personal assets are protected in case other members incur issues like debt, bankruptcy, or legal action. Like partnerships, each member pays profit taxes through their individual income tax.
  • Corporation. Shareholders own corporations. Shareholders’ assets are protected from liability; the corporation’s assets will be used instead. In an S Corp, each shareholder pays their profit taxes on their personal income tax. The corporation is treated as a separate entity in a C Corp and taxed. There are non-profit corporations that shareholders do not own. Instead, they are overseen by a board of trustees. Unlike typical corporations that are made for profit, non-profits are founded to serve the public. Non-profits receive a tax break as a result.

Here is an article about types of business formation.

What Does a Business Formation Attorney Do?

Business formation attorneys can offer their services through the following:

  • Defining and explaining the different types of business formations
  • Advising on which formation best suits your business goals
  • Detailing information on your tax responsibilities, liabilities, and business operation legalities
  • Assessing the availability of business entity names for you to choose from
  • Reserving your chosen business name in the Secretary of State until you are set for incorporation
  • Drafting your company bylaws, incorporation documents, contracts, and agreements
  • Drafting and reviewing your business plan for funding purposes
  • Obtaining incorporation permits and licenses from federal and state levels

Here is an article describing what a business formation attorney does.

Do I Need a Lawyer for Business Formation?

Before operating your business can even be possible, there is the harrowing task of registering your business. Hiring business lawyers can ease this process for you. They can do the technical work, so you have more time to focus on your business’s goals and needs.

Here is an article about business formation attorneys and their roles.

Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring.”


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Meet some of our Lawyers

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (68)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Houston
18 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Recent  ContractsCounsel Client  Review:
5.0

"Jeremiah was pleasant to speak to and provided high quality work. I appreciate that he took the time to call me personally instead of a paralegal. Work delivered early and high quality! Highly recommend"

Nicholas M. on ContractsCounsel
View Nicholas
5.0 (46)
Member Since:
June 1, 2023

Nicholas M.

President/Attorney
Free Consultation
Providence, Rhode Island
16 Yrs Experience
Licensed in MA, ME, NC, RI, VT
The Catholic University of America, Columbus School of Law

Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

Recent  ContractsCounsel Client  Review:
5.0

"Enjoyed his demeanor. Professional yet down to earth. The document created for me was very explicit and easy to read. I would recommend :)"

John M. on ContractsCounsel
View John
5.0 (1)
Member Since:
June 4, 2024

John M.

Senior Corporate Counsel
Free Consultation
Foxboro, MA
26 Yrs Experience
Licensed in MA, NY
Boston University School of Law (J.D.)

John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.

Recent  ContractsCounsel Client  Review:
5.0

"Thank you John, I appreciate your very personal effort with quality and practicality in mind."

Jorge R. on ContractsCounsel
View Jorge
5.0 (17)
Member Since:
June 3, 2024

Jorge R.

Managing Attorney
Free Consultation
Burien, Washington
15 Yrs Experience
Licensed in WA
Seattle University

**Bio:** My name is Jorge Ramos, and I am an experienced family law attorney practicing since 2011. Over the years, I have honed my skills and knowledge in family law, having worked with prestigious law firms before establishing my own solo practice. My expertise spans a wide range of family law matters, including divorce, child custody, spousal support, and property division. I am dedicated to providing personalized and compassionate legal representation, ensuring that my clients receive the support and guidance they need during challenging times. My commitment to excellence and client-focused approach have earned me a reputation as a trusted advocate in the field of family law.

Recent  ContractsCounsel Client  Review:
5.0

"Jorge's gave a thorough and complete analysis of my document. Turn around time was superb. Highly recommend."

Colin M. on ContractsCounsel
View Colin
Member Since:
June 3, 2024

Colin M.

Attorney
Free Consultation
NEWTON, MA
9 Yrs Experience
Licensed in MA
Suffolk University Law School

Experienced attorney with a substantial history of crafting, evaluating, and bargaining multimillion-dollar commercial and government contracts across diverse sectors, encompassing the US Army, DoD contractors, employee benefits, NASDAQ, Pharmaceuticals, and Finance.

Angela B. on ContractsCounsel
View Angela
Member Since:
June 1, 2024

Angela B.

Corporate Counsel
Free Consultation
St. Paul, Minnesota
4 Yrs Experience
Licensed in MN, TX
Mitchell Hamline School of Law

Angela is a business and transactional lawyer counseling clients in multiple facets of their business. Her practice includes commercial contracts, SaaS and technology licensing, intellectual property licensing, real estate contracts, and general business counseling.

Mark L. on ContractsCounsel
View Mark
Member Since:
June 7, 2024

Mark L.

Transactional & IP Attorney
Free Consultation
Boston, MA
19 Yrs Experience
Licensed in MA
Suffolk University Law School

I worked in the Intellectual Property Group at Fidelity Investments for almost 25 years, including managing the group from 2017-2021. I managed and developed the same high-performing group of three legal professionals from 2007-2021. Early in my career at Fidelity, I focused primarily on trademark matters, including trademark searching and clearance, as well as enforcement of trademark rights. In fact, I created Fidelity's trademark and brand protection programs and advanced them over more than two decades, eventually bringing the domestic trademark portfolio in-house and realizing savings of well over $2 million in outside counsel expenses for searching, prosecution and maintenance of US registrations from 2008-2021. Fidelity put me through law school, and I continued working full time while attending law school at night over four years. Upon graduation and passing the bar in 2006, I was promoted to an attorney position effective 1/1/2007. My practice broadened, and I began working on more transactional matters. I became a key transactional attorney for major technology groups and businesses within Fidelity, and negotiated numerous mission critical tech deals, transforming Fidelity's business. I provided transactional and IP support for Fidelity's software development and services affiliate in Ireland, and worked extensively with many of Fidelity's other foreign affiliates. Fidelity's General Counsel handpicked me to provide transactional and IP support to a new business initiative in 2017. That initiative became fintech startup Akoya, LLC, a paradigm-shifting business that enables secure, customer-controlled sharing of personal financial information between financial institutions and service providers. I developed template agreements between Akoya and data providers (financial institutions) and also between Akoya and data recipients (e.g. tax preparation services and financial advisors). Akoya had matured enough to be spun out by Fidelity in early 2020 to a consortium of financial services companies. In 2021, Fidelity offered a voluntary buyout to long-tenured associates, and following the pandemic, coupled with the financial and health benefits included in the package, it was an offer I could not refuse. Days later, my elderly father-in-law broke his hip, and my wife and I became his primary caregivers. It's been a blessing that I was able to contribute to his care and alleviate some of the burden on my wife. He is now in a long-term care facility, and I am eager to return to work as in-house counsel, whether on a contract basis, part time or full time. I did work briefly as a sole practitioner in 2021 and 2022, primarily helping friends, family and pro bono clients with NDAs, business formation issues, consulting agreements and license agreements. From August 2022 - July 2023, I was on the staff of Flex by Fenwick, an in-house counsel on demand business that is a subsidiary of the IP firm Fenwick & West, but did not get any engagements. My wife and I have volunteered for over a year with a dog rescue, Last Hope K9 Rescue, and have fostered several dogs, and adopted two of them!

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help registering a business?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,683 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help registering a business?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 20,683 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city