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DC Greenworks
Dealing with Business Partners
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Legal Notes
 

Dealing with Business Partners Successfully


It's easy to let your enthusiasm about starting a new business endeavor compel you to disregard the measures needed to ensure you're dealing with the right partners and avoiding certain liability issues down the line.  Although it may seem like a distraction from the business at hand-or just a pain to deal with-the following are steps you simply cannot avoid:

  • Verify Identity, Citizenship, Credit History & Background
  • Execute Buy-Sell Agreements
  • Follow Corporate Governance Protocol
  • Be Clear About Roles & Responsibilities
  • Do Your Part to Make the Relationship Work
  • Develop Succession Planning
  • Hire Professionals to Help

See full article (right) for more details on these topics.

 
Next Month:  
Don't Forget About Sarbanes-Oxley 
From the Court
Appiah v. Hall, Md. Court of Appeals (Oct. 27, 2010).

 

Holding: An employer will not be liable for the torts of an independent contractor unless the employer retained control over the operative details and manner of the work of the independent contractor such that the independent contractor is not free to do the work in his own way and the employer has retained control over the very thing that caused the injury in question.

 

Click Here to access the full case from Maryland Business Law Develpments.

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News from A.S. Robinson & Associates, PLLC

November 2010

Angela Robinson Joins DC Greenworks

 

DC Greenworks City Skyline Logo

This November Attorney Angela Robinson joined the Board of Directors of DC Greenworks, the D.C. region's preeminent green roof advocate and educator, as well as a resource for Low Impact Development (LID) consultation, design and installation. DC Greenworks serves the community by providing training, tools and techniques that both utilize and protect the environment. Through its efforts, DC Greenworks seeks to strengthen the connection between economy and ecology; between employment potential and environmental sustainability. Whether it's green roof designs, rain barrel installations, urban agriculture projects at local schools or "green collar" job training, the organization actively seeks to promote and deliver cutting edge solutions that are cost effective, eco-friendly and socially beneficial. Angela is excited and honored that she was invited to be part of their efforts.

 

Learn more about DC Greenworks at:

www.dcgreenworks.org. 


More on Dealing with Business Partners

 

Verify the identity, citizenship, credit history and background of anyone with whom you are considering starting a business.  Even if you've known someone your entire life, that doesn't mean you know their legal name, how they handle money, or whether they have any other legal entanglements that could compromise your business plans.  Unfortunately, this firm has seen clients enter business relationships with individuals using false identities and/or fictitious businesses on more than one occasion.

 

Execute Buy-Sell Agreements to separate personal property from business assets like computer equipment, vehicles and even trademarks and inventions that are being allocated to the company.  You don't want to build a business reliant upon key assets only to discover that your company has no legal right to that property.

 

Follow corporate governance protocol and administrative procedures.  Establish and comply with sensible operating policies and procedures, hold regular meetings, take minutes, periodically audit company finances, follow sound employment practices and maintain all these records to ensure transparency in operations, minimize liability and keep everyone on the same page.

 

Be clear about everyone's roles and responsibilities.  No one can read your mind, nor will anyone remember every conversation verbatim.  So make the time to thoroughly discuss plans and expectations, then put it all in writing.

 

Do your part to make the relationship work.  When you make specific commitments that are essential to the successful operation of the business, follow through.  You should live up to the expectations your partners have in you.  If you are responsible for, e.g., tracking accounting and finances, then stay on top of those matters so your partner who's, e.g., committed to marketing can likewise focus on those responsibilities.

 

Develop succession planning strategies, unless you want to arrive at your office one day to discover that your new partner is some heartless creditor or the absent-minded widow of your now deceased partner.  You must establish plans now for future worst-case scenarios,   including member exit strategies, retirement buy-outs, and even disability or death.

 

Hire a professional (like a lawyer) to help you and your partners execute the above steps.  Some matters are much easier for a skilled yet neutral 3rd party to negotiate than the business owners, who may feel compelled to protect their individual interests above those of the company.  So let a professional help set you on the right course for success from day one.

 

...and if you've neglected any of these steps in the past, be sure to incorporate them into you planning for the new year.

 

On-Line Legal Services Available

A.S. Robinson & Associates now offers fixed priced On-Line Legal Services for select legal matters.  By utilizing the forms and resources provided through the firm's On-Line Legal Services, clients can cost-effectively create basic legal documents while still receiving input from a professional.  The result is a legally sound product created specifically for that client.  Click here for more details.

 

Click Here to order a FREE Privacy Release Form.

 
You own a Business.  You need a Lawyer.
 
A.S. Robinson & Associates, PLLC offers personalized legal counseling for small to medium companies in a variety of areas including Business and Intellectual Property Law.  The Firm's goal is to partner with its clients in addressing legal issues in an informed, service-oriented manner to help them navigate some of today's more complex and dynamic areas of the law.  To that end, the Firm is staffed by attorneys with business and technical backgrounds to compliment their legal expertise and rival the offerings of national firms.
 
A.S. Robinson & Associates is located in Washington, D.C. and handles legal matters in D.C. and Maryland as well as before the U.S. Patent & Trademark Office.
 
Please contact us to discuss any specific situation to see how the Firm may assist you.
 
 A.S. ROBINSON & ASSOCIATES, PLLC
Business | Intellectual Property Law 
202-462-4440