Purchase & Sale Of Business
Are you thinking about buying or selling a business?For many business people this process is once or twice in a lifetime experience. It may also be an emotional and even stressful process. The risks of doing the transaction yourself far outweigh any savings that the business person might realize.
Having a trusted professional on your side will remove unnecessary stress and risk of mistakes. It is critical to retain a lawyer and accountant that are knowledgeable and experienced with purchases and sales of businesses.
Over the years, I have assisted dozens of businesses and individuals to buy and sell small and medium businesses through asset or share purchase transactions. I have assisted businesses in many industries: engineering, transportation and trucking, health professionals, accounting, retail, manufacturing, restaurants and others.
Corporate Organization
Are you considering entering into a business venture with someone else?If you have questions as to how to organize your corporation or joint venture, how to regulate dealings among the equity holders, i will be pleased to assist you. I regularly represent and advise companies and individual shareholders on such topics as:
- Incorporation and corporate maintenance.
- Unanimous shareholders agreements.
- Buy-sell agreements.
- Loint venture agreements.
- Duties of corporate directors.
Is there a dispute between shareholders?
I often assist businesses and individuals in negotiating a resolution an avoiding expensive and prolonged litigation with uncertain outcome.
Employment Law
I assist and represent companies and individuals in the areas of:
- Drafting and negotiating employment agreements and independent contractor agreements.
- Advise clients as to whether the person should be properly characterized as independent contractor or employee.
- Drafting and advising businesses on internal company policies covering multitude of issues: use of company vehicles, use of company computer resources and network, use of personal mobile devices at work, use of alcohol and cannabis.
- Negotiate and, if necessary, go to court on the issue of wrongful termination and the amount termination pay.
- Drafting and negotiating confidentiality, non-competition and non-solicitation agreements.
Real Estate
Commercial leases
Contrary to what many small business owners believe, the terms of a commercial lease can be negotiated to suit their particular circumstances. It is critical to start negotiation before an offer to lease is signed and retain a lawyer who is knowledgeable about commercial leases. I regularly advise business clients on commercial leases and negotiate with landlords or property managers. Also, i draft commercial leases for my clients.
Purchase, sale and re-finance of real estate
I represent individuals, business owners and banks in purchase and sale of residential, agricultural and commercial real estate.
It is generally advisable to engage a lawyer before removing all "subject to" clauses or conditions. Once they are removed, the contract of purchase and sale is firm and the purchaser will not be able to get out of it without serious financial repercussions. I offer purchaser-clients to review the contract of purchase and sale, review encumbrances registered on title.
Also, I review and provide advice on condominium bylaws and condominium documents.