DPA Law APC assists clients in San Jose, Silicon Valley, and from off-shore locations with all aspects of corporation organization and maintenance under the laws of the states of California, Delaware and Nevada. This support includes the initial choice of the proper form of business entity (corporation, limited liability company, or limited partnership) and, if a corporation, the further choice among forming a C Corporation, an S Corporation, or, possibly, a Flexible Purpose Corporation, the later being a newer class of corporation which permits directors to pursue objectives broader than solely maximizing financial return for shareholders.
DPA Law APC offers fixed fee incorporations for new companies. Our client experience indicates this helps company founders budget and launch their startup business.
DPA’s corporate attorneys also manage a client’s converting an existing corporation from an S Corporation to a C Corporation, converting from a limited liability company to a corporation, or reorganizing from a corporation existing under the laws of one state to a corporation under the laws of another state. Often this involves reorganizing a California corporation as a Delaware corporation.
Our corporate formation services include the initial incorporation, related filings with the Secretary of State, Department of Corporations, Internal Revenue Service and Franchise Tax Board, and fulfillment of other organizational requirements. We help founders and business owners structure and document relationships among those with an interest in the corporation’s success through founder agreements, appropriate bylaw and charter provisions, the creation of multiple classes of stock and, when the corporation is ready, establishing equity incentive (stock option) plans, issuing options or convertible debt, and structuring angel or venture finance investments through private placements.
We also assist with the wind-down and dissolution of corporations, or the sale of the corporation or its assets, when the time for an exit is right. In helping a corporation’s stakeholders achieve a favorable exit, we work with our corporate clients to make sure their records and agreements reflecting corporate governance, securities compliance, contract compliance and intellectual property rights are in order to maximize the value realized in a merger or acquisition.
In addition, DPA assists the corporate client with contract negotiations, staffing employees, annual and special meetings of the board of directors and the shareholders, minutes, resolutions and consents, and other actions necessary to protect the company and maintain the corporation’s liability shield.
New Company Fixed Fee Incorporation Service
DPA Law APC’s new company fixed fee startup incorporation service typically includes the following:
- Selection of state of organization (typically California or Delaware) and business entity form (generally, corporation or LLC)
- Preparation and filing of initial organizational documents
- Preparation of bylaws (or operating agreement)
- Preparation of founder stock purchase agreements (or member subscription agreements)
- Guidance on founder and shareholder buy-sell agreements (if applicable)
- Preparation of a suite of inbound company contract templates:
- Employment letter agreements (for both the exempt and non-exempt employee)
- Proprietary rights invention assignment agreement
- Independent contractor agreement (for individual and entity contractor)
- Forms of NDAs or nondisclosure agreements (mutual and unilateral)
- Related filings with the Secretary of State, Department of Corporations, Internal Revenue Service, Franchise Tax Board
- Detailed written guidance on best practices for operating new corporations to maintain the corporation’s liability shield
For more information on DPA’s corporate legal and startup services please contact Andrew (Drew) Piunti at (408) 300-5770 ext. 7 or (888) 915-5520 ext. 7, via e-mail at firstname.lastname@example.org, or through our online form.