Business Lawyers for North Carolina

The best and easiest thing to do is to have a clearly-defined policy that states what you are allowing. Maybe you'll want to use MDM tools, maybe you won't. Maybe you want them to use it for just certain tasks, and maybe you'll allow them to use it for anything. Maybe there’s a tradeoff on accessibility after hours (which you also need to be careful about with non-exempt/hourly employees). You may also want to think about cost and whether you're going to contribute to someone's cell plan. All in all, it starts with figuring out what you're comfortable with doing and then building the policy and behaviors from there.

Registering a Canadian entity to do business in the United States involves several key steps, which can differ slightly depending on the state. The following may help you through the process, but should not be considered legal advice: Choose the State: Decide which state(s) you will be doing business in, as each has its own specific requirements and procedures for foreign entity registration. Appoint a Registered Agent: Select a registered agent within the state. This person or business entity will receive legal and tax documents on behalf of your company and must have a physical address in the state. Check Business Name Availability: Ensure your business name is available in the chosen state. If needed, reserve the name to guarantee it’s available when you file your registration. Prepare Necessary Documents: Typically, you will need to file a Certificate of Authority (also known as Foreign Qualification or Application for Registration). This document generally requires: The name of your business. The state or country where your business was originally formed. The date of formation. The principal office address. The address of the registered agent in the state. Names and addresses of directors, officers, or members. Get a Certificate of Good Standing: Obtain a Certificate of Good Standing (or Certificate of Existence) from the province in Canada where your business was formed. This document verifies that your business is in compliance with local laws. File with the State: Submit the completed Certificate of Authority and the Certificate of Good Standing to the state’s Secretary of State office or equivalent authority, along with any required filing fees. Pay the Filing Fees: Filing fees vary by state. Check the specific fee for the state you are registering in. Get an Employer Identification Number (EIN): Apply for an EIN from the IRS if you haven’t done so already. This is necessary if you will have employees or if it’s required for other federal tax purposes. Register for State Taxes: Register for state taxes, including state income tax, sales tax, and employment taxes, if applicable. Maintain Compliance: Stay compliant with ongoing state requirements, such as filing annual reports, paying franchise taxes, and maintaining a registered agent. Each state may have additional requirements or steps, so it’s a good idea to consult with a legal or business professional who is familiar with the regulations in the state where you plan to register.

Here are a couple of items you should pay close attention to: 1. Be clear about what you are purchasing. There should be an itemized list of personal business property. You will also want to make sure that you have included digital and intellectual property assets. For each item, you will want to make sure that there are no liens on the property and that no one else has any ownership interest in the property. 2. Be clear about any non-compete provisions that you need to have in the agreement. The last thing you want is for the seller to open a competing office or become an investor in a competing practice that's right across the street from you and have your anticipated clients move to the new practice. You need to pay particular attention to how this provision is crafted, given that there are major concerns about restrictions such as non-competes. Additionally, some states have already banned non-competes for employees who are doctors, and the Federal Trade Commission is expected to vote on new rules concerning non-competes in 2024. 3. Thoroughly research and analyze the profit and loss statements, taxes, and employment records. Make sure you understand the cash flow of the operation. It's best to consider having an accountant review all of these documents. These are just three things to think about when purchasing any business. There are many more. Hiring an experienced attorney is one of the best things that you can do to make sure that you are assessing the risks associated with the purchase.

In North Carolina, a Certificate of Organization is a legal document filed with the Secretary of State to formally establish a limited liability company (LLC). If that is the business entity you've decided is best for you, then starting an LLC involves just a handful of key steps: Pick a Name: Find a business name that is unique and includes “LLC” or “Limited Liability Company.” Designate a Registered Agent: Choose someone who will receive legal notice on behalf of your LLC. This person or business must have a physical address in North Carolina. Prepare the Certificate: Fill out the Certificate of Organization form with details like your LLC’s name and the registered agent’s information. File the Certificate: Submit it to the North Carolina Secretary of State. This is your official step to form your LLC. The filing fee is $125. The Secretary of State also charges a $200 annual report fee to keep your LLC in good standing each year. Operating Agreement: Although not required, it’s a good idea to have one. It sets out how your LLC will be run and what each member’s role is. Taxes: Register for any state taxes you might begin to owe and obtain an EIN from the IRS for federal taxes. An LLC can be a good way to separate business and individual assets, and can serve as an effective liability shield. There are a number of differences among the various types of small business entities that you may wish to discuss with an attorney. The foregoing is not legal advice.

These are great questions, and are going to be very specific to your corporation and how you want to run things. Generally, you can structure things however you want, but working with an Attorney on your bylaws will ensure an objective outsider is thinking through how conflicts can be resolved before they impact day-to-day business operations.