Entity Formations

Legal guidance for a solid foundation
Gross McGinley Allentown PA Entity Formation Attorneys

A Law Firm Specializing In Entity Formations

Setting Up Your Business for Success

Forming an entity involves understanding the nuances of business law. No two businesses are alike — and different businesses have different needs. You have the knowledge to run your business. We have the knowledge you need to form and launch it. Talk to us about:

  • Corporate formations with by-laws and state filings
  • Fictitious names
  • LLC formation with operating agreements and state filings
  • Non-profit formation – 501(c)(3)
  • Partnership formation with partnership agreement
  • Stockholder agreement

Solutions

Corporations exist as fictitious people. Comprised of one person — or a group — they have many of the same rights as actual people. When you’re in business, forming a corporation protects you from personal liability for business debts. Even when an owner dies or leaves the business, the corporation can continue. The U.S. has three types of corporations:

  • C Corporations, the most common, pay taxes at the corporate and personal levels
  • Close Corporations, with their smaller number of shareholders, can issue stock
  • S Corporations, similar to C corporations except for a different tax status

Our attorneys can help you name your corporation, complete and file necessary paperwork with the state, and provide guidance on creating the bylaws.<

Entities must register a fictitious name with the state. Unless it’s trademarked, registering the name doesn’t grant exclusive rights for its use. Nor does its registration provide liability protection. Associations/ groups of people, corporations, Individual/ sole proprietorships, or partnerships that conduct business in PA and use a fictitious name must register that name. Our business attorneys can guide you through the process.

When forming a limited liability company (LLC), you’ll benefit from working with an experienced attorney. When you form an LLC with an attorney, you gain:

  • Protection from personal liability for business debts
  • Continuous existence even if the owner dies or leaves the business
  • Benefits of pass-through taxation, which enables owners to report P&L on individual taxes

Creating an LLC in PA includes a series of steps. Our attorneys will guide you through the process, which includes:

  • Verifying availability of your name choice
  • Preparing and filing incorporating documents with the state
  • Monitoring the state’s acceptance of your documents
  • Preparing your operating agreement

Starting a charitable 501(c)(3) is fairly complex. Working with one of our attorneys will protect your interests — and start your public charity on the right foot. We can advise on the business plan, funding plan, tax status, and even the board of directors. Our depth and breadth of experience and knowledge enable us to provide comprehensive, cost-effective counsel to non-profit clients of all sizes.

We’ve acted as legal advisor to more than 50 non-profit boards; many of our attorneys serve in leadership positions. They bring a thorough understanding of how legal matters can impact charitable organizations including tax-exempt corporations, foundations, and associations.

This legally binding written agreement between two parties specifies the working relationship of everyone involved. A partnership agreement helps partners to avoid conflict and future potential legal proceedings. These agreements aren’t one-size-fits-all documents. They do provide a great opportunity for all involved to thoroughly understand the partnership from both a practical and legal perspective.

While you can find partnership agreement templates online, you — and your partner — will benefit when it’s prepared by someone with experience drafting legally enforceable agreements. Whether it’s a general partnership (GP), limited partnership (LP), or limited liability partnership (LLP), our attorneys will explain each type’s advantages and disadvantages. Together, you can determine which agreement best suits your needs.

Different scenarios exist where a company might benefit from a stockholders’ agreement. These agreements — sometimes called shareholders’ agreements — exist to establish and explain stockholder rights. If you find yourself in one of these situations, talk to one of our attorneys.

  • You and another stockholder plan to start a company together; each of you has contributed assets or talent to the company
  • Stockholders/ shareholders play a key role in the company’s management
  • Stockholders/ shareholders have contributed assets or cash and want to protect their return on investment (ROI)
  • Company stock is spread equitably among stockholders, and no one stockholder owns a majority of the stock

Stockholder agreements can address multiple issues that include controlling the board of directors, restricting stock transfers, protecting rights of first refusal, and more. If this sounds complicated, you’re right. It is. But our attorneys bring a wealth of experience to draft an agreement appropriate for your needs.

    Have questions? Need to speak to someone about your legal needs? We're here to help.





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    Entity Formations Team

    View Profile Gross McGinley Allentown Law Firm Attorney Safa Ashrafi

    Safa Ashrafi

    Associate
    View Profile Gross McGinley Allentown Law Firm Thomas A. Capehart

    Thomas A. Capehart

    Partner
    View Profile Gross McGinley Allentown Law Firm Victor F. Cavacini

    Victor F. Cavacini

    Partner
    View Profile

    Michael S. Horvath, II

    Associate
    View Profile Gross McGinley Allentown Law Firm Attorney John F. Gross

    John F. “Jack” Gross

    Partner
    View Profile Gross McGinley Allentown Law Firm Attorney Paul A. McGinley

    Paul A. McGinley

    Partner
    View Profile Gross McGinley Allentown Law Firm Attorney R. Nicholas Nanovic

    R. Nicholas Nanovic

    Partner
    View Profile Gross McGinley Attorney Jacob D. Oldaker

    Jacob D. Oldaker

    Associate
    View Profile Gross McGinley Attorney Thomas E. Reilly Jr.

    Thomas E. Reilly, Jr.

    Partner
    View Profile Gross McGinley Allentown Law Firm Stuart T. Schmookler

    Stuart T. Shmookler

    Partner
    View Profile Gross McGinley Allentown Law Firm Attorney Lauren Speziale

    Loren L. Speziale

    Partner

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