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Archive for the ‘Corporate Law’ Category

Being a Corporate Lawyer

Wednesday, October 27th, 2010

A corporate lawyer is a lawyer who specializes in corporations law for a company, and according to Black’s Law Dictionary, in the U.S. a company means “a corporation – or, less commonly, an association, partnership or union – that carries on industrial enterprise.” Ensuring legality of commercial transactions and advising corporations of their legal rights, duties, and responsibilities is the main role of any corporate lawyer. Areas of expertise required to work in this field are contract law, tax law, accounting, securities law, bankruptcy, intellectual property rights, licensing, zoning laws, and specific law relating to the business in which they work. The practice is considered less adversarial than that of trial law, and lawyers on both sides of the transaction are seen, and act, as facilitators and not opponents. Transactions take place amongst peers. There are rarely wronged parties, underdogs, or inequities in the financial means of the participants.

It is a common thought that companies existed as far back as Ancient Rome and Greece, but the most recognizable predecessor did not really establish itself until the second millennium. Medieval guilds, where members agreed to abide by rules but did not participate in ventures for common profit, where the first recognizable commercial associations. Merchant law developed from this. It is a body of rules and principles laid down by merchants themselves to regulate their dealings; a system of customer and best practices. They were enforced through a system of merchant courts along the main trade routes. The Latin expression for this is: “lex mercatoria.” A corporate lawyer structures transactions, drafts documents, reviews agreements, negotiates deals, and attends meetings. In some cases corporate lawyers can become a partner in their firm, an in-house counsel for the corporation, or even change to another profession like investment banking or teaching.

The Importance of Business Attorneys When Starting a Business in California

Tuesday, July 20th, 2010

Managing a business involves many concerns, especially in areas such as taxes, debts and finances, employees issue, contracts, etc. To concentrate your attention in managing your business, you will need someone to handle other matters. A California business law attorney can help you focus on all other considerations of managing a business:

* Liability – Engaging in business can put your property and assets at risk. An attorney can help you avoid situations or reduce risk.
* Taxes – A lawyer knows that different business forms have different tax advantages and disadvantages. He is more experienced than you in this particular area.
* Autonomy – In most states, they adopt “Uniform laws”. These rules and regulation govern business entities as a “fill-in” for gaps in charter or by-laws. Business lawyers know some of these rules, which you do not even know, exist.
* Variety of entities – An attorney has better knowledge of business entities and the options that determine such things as double taxation, liability for partners, etc.
* Capital – A business has to raise money, keep records of income and distribution, and behave in a fiscal manner.
* Conformity – To ensure security and protection, a business has to conform and follow business laws. A lawyer can see to it that the law governing business is enforced and obeyed.
* Multi-state business – A business that operates in different states is governed by laws of each state where each one is located. A legal counsel knows which law applies in each state where a business operates.
* Control – Choosing a business form not suited to your interest can pose future problems with employees or partners.
* Contracts – A business enterprise engage in many contracts, agreements and deal. A business law attorney can explain to you the details of the documents and help you decide which contract is beneficial to the company.

If you plan to establish a business in California, you have to undergo certain procedures to be able to conduct business and operate legally in the state. To be able to accomplish this, you will need the help of an experienced lawyer to assist you in the preparation and processing of documents.

California business law attorneys at The Law Offices of James G. Schwartz is a commercial law firm specializing in representation of national, regional and local businesses financial and mortgage institutions, auto finance companies, retail companies. Mr. Schwartz has been representing local, regional and national companies since 1976. For more information, please visit their site at SchwartzBusinessLaw.com .