Business Lawyers for Wyoming

Individuals who can sign the employer's side of an I-9 document are any authorized representative of the company. The DHS does not require the representative to have a specific agreement authorizing them to do so. Your company would be held liable for any violations. The person who signs a W9 must be a "U.S. person." That means that the signer must be an individual who is a U.S. citizen or a U.S. resident alien. The signer should have the organization's consent to sign a W9 on its behalf, but consent can be oral or implied. There is no requirement that a company create a written authorization to sign a W9.

Yes, you can use a different name for your business other than your legal name through a process called "Doing Business As" (DBA), also known as a fictitious business name or trade name. Here are some key points to consider: 1. Registration: Most states require you to register your DBA with the appropriate local or state agency. 2. Legal compliance: Using a DBA allows you to operate your business and enter into contracts under that name. 3. Trademark considerations: A DBA doesn't automatically protect your business name from trademark infringement. 4. Banking: You may need to provide your DBA registration to open a business bank account. 5. Tax implications: A DBA doesn't create a separate legal entity; it's simply an alias for your business. While using a DBA can offer flexibility in branding, there are important legal considerations and potential pitfalls to navigate. The specific requirements and implications can vary depending on your location and business structure. Given the complexities involved, it would be prudent to have professional guidance to ensure you're fully compliant and protected. As an experienced business attorney, I could assist you in: 1. Determining if a DBA is the best option for your situation 2. Guiding you through the registration process 3. Addressing potential trademark issues 4. Ensuring all legal requirements are met Would you like to discuss your specific business plans and how I can ensure your DBA is set up correctly?

You will need to file articles of organization with the Secretary of State of the state where you want to form the LLC. This is relatively easy. More importantly, because you will have 2 or more members, you should have an operating agreement. This is a contract between the members, detailing who the members are, what percentages of the LLC each member owns, how the LLC will be managed, how profits and losses will be allocated, and how distributions will be allocated. The operating agreement should also put restrictions on voluntary and involuntary (think divorce, death, bankruptcy) transfers of ownership, so that you don't suddenly end up with a new member that you don't want. The operating agreement is not filed with the state. You should have an experienced lawyer help you with the operating agreement, as it can be pretty complex.

Hello! Here's some guidance on specific provisions you should consider: Business & Ownership Structure: - Name and Location: Make sure to include the official business name and the state where your LLC is formed. - Membership: List all members of the LLC and their ownership percentages. - Management Structure: Clearly state whether the LLC will be member-managed (all members participate in daily operations) or manager-managed (designated members handle day-to-day operations). Financial Management: - Capital Contributions: Provide details on the initial capital contributions from each member and how future contributions will be handled. - Profit & Loss Sharing: Outline how profits and losses will be distributed among members, taking into account ownership percentages or other factors. - Distributions: Establish rules for how and when members can receive distributions from the business. - Accounting Practices: Define the accounting method used (cash or accrual) and how financial records will be maintained. Decision-Making & Operations: - Voting Rights: Specify voting rights for members, including majority or unanimous voting requirements for different decisions (e.g., admitting new members, taking on debt). - Meetings: Determine the frequency and procedures for member meetings, including how notices will be sent and how votes will be conducted. - Management Duties: If the LLC is manager-managed, clearly define the roles and responsibilities of the managers. Dissolution & Buyouts: - Dissolution Events: List the events that could trigger the dissolution of the LLC (e.g., member death, bankruptcy). - Buyout Provisions: Establish a process for one member to buy out another's interest in the LLC, including valuation methods and potential triggers (e.g., retirement, disability). - Dispute Resolution: Specify a process for resolving disagreements between members, such as mediation or arbitration. Additional Considerations: - Non-Compete Agreements: Consider including a non-compete clause to prevent members from competing with the business after leaving. - Term of Agreement: Decide whether the operating agreement will have a definite term or be perpetual. Seeking Legal Help: While this list provides a starting point, it is highly recommended to consult with a business attorney to customize the operating agreement according to your specific business and state regulations. They can ensure the agreement is legally sound and adequately protects your interests. By incorporating these provisions and seeking legal advice, you and your partner can create a comprehensive operating agreement that minimizes future conflicts and establishes a strong foundation for your small business. Best regards! Damien Bosco, Esq. (646) 717-4766 DamienBoscoEsq@gmail.com www.boscolawoffice.com

Great question—and it is wise to think through this early, as your business structure will impact everything from liability and taxes to fundraising and daily operations. Here is a brief overview of the most common structures and the factors we would consider in determining the right fit for your startup: 1. Sole Proprietorship Simplest and least expensive to form No legal separation between you and the business Offers no liability protection Best for low-risk, low-capital businesses or testing an idea 2. General Partnership Similar to sole proprietorship but with two or more owners Pass-through taxation Shared liability, which can be risky without a strong partnership agreement Generally better suited for informal ventures 3. Limited Liability Company (LLC) Popular choice for early-stage startups Offers liability protection while maintaining flexible tax treatment Easier to manage than a corporation but can still accept outside investment with proper structuring Good balance of protection, control, and simplicity 4. Corporation (C-Corp or S-Corp) Preferred structure for startups planning to seek venture capital or scale aggressively C-Corp allows for unlimited shareholders and stock classes S-Corp offers pass-through taxation but is more limited in ownership and structure More formal structure with regulatory and tax complexities What to Consider in Making Your Decision: Whether you plan to raise outside funding The level of risk and liability exposure in your business Whether you want pass-through taxation or separate business taxation How you want to structure ownership and management Your growth strategy and long-term goals If you would like, I can schedule a consultation to walk through your specific goals, evaluate your risk profile, and help determine the structure that best supports your startup both legally and financially. Let me know if you'd like to offer an early-stage startup package or keep it open-ended. This version keeps it client-focused and practical.