Outside General Counsel
Most small and medium-sized businesses cannot afford to sustain a lawyer on payroll. The Firm offers a number of flexible arrangements to make sure the business is represented without spending a fortune. The Firm provides a realistic assessment of the actual needs of the business and offers a respective plan for its clients.
- Legal Service of Process. Legal service of process is a method by which the business is notified of legal action when a legal complaint is filed. We provide this service for our clients. Alternatively, someone at the company can serve as a legal service of process. Do note that an address is required and if you plan on using your home address, it will be public record.
- Corporate Formalities. Corporations, limited liability companies, partnerships, and other legal arrangements often call for and require various corporate formalities. In other words, legal entities are required to generate and maintain records of its existence to preserve legal liability. Not only is it a requirement but also a best practice. Annual board of directors and shareholder meetings are important components that are frequently overlooked. The firm provides this service as part of the corporate formalities annual plan.
- Annual Compliance. For businesses in industries that must adhere to certain annual requirements, the firm offers annual compliance services.
- Annual Statement of Information. As part of the corporate formalities, the firm offers to file the annual Statement of Information with the California Secretary of State.
- Contract Review. We address all contract-related services for our clients. Once the contract is drafted by a lawyer, it needs an annual review to ensure it is current, compliant with any new laws, as well as to address any growing issues within the document. Failure to do this results in old, ineffective, and improperly revised documents that incur risk. As part of our annual corporate formalities, we offer to review contracts and make any revisions.
- Operations Review. Business operational documentation needs periodic review. Generally, the industry standard is to perform such review annually. Since operational documentation is not inherently legal, a consultant or someone at the company usually performs the review. It is a methodical review of operations to determine if any changes are required. For significant changes, we may need to be retained to address the legal aspects.
Can I put myself down for the legal services of process?
Yes. Do note that if you plan on using your home address, it will be public record.
How expensive are corporate formalities?
If initial corporate formalities were established, then subsequent formalities are not at all time consuming. We are typically engaged to establish the flow and process of meetings, approval, and other requirements.
What constitutes corporate formalities?
It all depends on the company’s governing documents. It may be an annual shareholder meeting, board of director meetings, or other approvals for which the bylaws call. LLCs usually have fewer, if any, corporate formalities.
Can I conduct the annual corporate formalities without a lawyer?
It all depends on the corporation. If we are retained to establish a process, then yes. If we are not engaged, the clients need guidance on what exactly is needed.
Can I file the annual Statement of Information without a lawyer?
Yes. However, we frequently see that business owners do not know the roles of individuals in the company in context of the Statement of Information. The Statement of Information is a result of the annual corporate formalities.
Can I perform the annual contracts review for the business?
No. If your business is formed as a legal entity, you are not authorized to draft, review, or revise the business legal documents. This is considered unauthorized practice of law. Many people do it and just don’t get caught. A contract is a legal document and it is better to entrust this work to a professional.
Can I perform the annual operations review for the business?
Yes. Operational documentation is not inherently legal (unless the business is involved in heavily regulated industries). Consultants, someone at the business, or other qualified individuals are suitable. However, if you are facing significant changes, it is highly recommended to run the annual operations review by a lawyer.