Business formation and compliance

Bring your business or nonprofit idea to life.

Starting a business is an exciting undertaking, but one that isn’t without challenges and complications. At McInerney Law we provide legal counsel to owners of businesses large and small throughout Birmingham and the surrounding areas. If you are in the early stages of forming a business, working with an experienced business lawyer is strongly recommended. To learn more about our business formation legal services and how we can help you and your business thrive, contact us today.

FORMING A BUSINESS with McInerney law

While many would-be businesses owners have creative minds and great ideas, too often, business formation ends there. Forming a successful business is a complex creative, financial, and legal process. Forming a busines with McInerney Law removes the roadblocks. The steps include:

  • Choosing a business name. This is one of the most important—and most exciting—parts of starting a business. Once a name is selected, it should be cross-checked to avoid any copyright issues. If all is clear, the business name can be registered.

  • Choosing a business structure. When forming a business, a business owner or owners will need to choose between various business structures, including sole proprietorship, general partnership, corporation, and more. Read more about business structures below.

  • Determining business tax status. When choosing the entity type for your business, you’ll also consider how you want your business to be taxed. The business structure you select will determine your personal tax liability for your business’s operations, as well as impact your tax status.

  • Defining the business’s mission. Sometimes, a mission and purpose are determined early on in the process—even before a business name is selected. Defining these things can impact other parts of the business formation process, including workplace policies, employee contracts, and the like.

  • Creating an ownership agreement. If you are the sole owner of a newly formed business, then creating an ownership agreement won’t be as necessary. However, if there are multiple owners, then an ownership agreement is essential. This type of agreement spells out who makes decisions, how profits and losses will be shared, and how disputes will be resolved.

  • Registering your business. After deciding on a business structure, name, and ownership agreement, it’s time to register your business with the Secretary of State. Registering your business is one of the primary services provided by a business formation attorney.

  • Setting up bank accounts, tax IDs, and other financials. Working with a financial professional to establish and manage bank accounts, tax IDs, and other financial accounts and information is strongly recommended.

  • Acquiring any necessary operating licenses and permits. Depending on your business type, you may be required to obtain licenses or permits prior to operation. Be sure to consult with your attorney about this to ensure you are in compliance with any laws and regulations.

  • Pursuing intellectual property protections (if applicable). Your business may choose to pursue intellectual property protections, such as copyrights. This is another area of business formation and operations that an attorney can assist you.

  • Entering into contracts, hiring employees, creating policies, etc. Once your business has been formed, the real work begins—hiring employees, creating handbooks and policies, setting up relationships with other companies or suppliers, and entering into contracts. 

BUSINESS FORMATION SERVICES

When you choose to work with McInerney Law, our experienced business formation attorney can assist you through all stages of your business formation journey. Critical legal services that we provide include:

  • Helping you to choose the right business structure for your business type and projected income as well as ownership structure

  • Assisting in registering your business with the Secretary of State

  • Acquiring operating licenses and permits

  • Helping clients understand the laws and limitations around certain operations

  • Entering into contracts

  • Navigating labor laws

  • Resolving business disputes