Our Business Formation Practice

Choosing the right business structure is a critical step that affects everything from liability and taxation to management and future growth. Montague Law works with business owners to evaluate their goals and recommend the structure that aligns best with their vision.

For new and established businesses, we focus on creating operational frameworks and agreements that reduce risks and position companies for success.

The process of forming and operating a business involves strategic planning and attention to legal detail. Montague Law assists clients in addressing key aspects of business creation, governance, and compliance, ensuring their operations run smoothly and are legally sound.

LLC Formation

We guide clients through the process of forming Limited Liability Companies (LLCs), including drafting operating agreements, filing necessary state documents, and establishing management structures. Our goal is to create flexible, scalable entities that protect personal assets while supporting operational needs.

S-Corporation Formation

For those choosing an S-corporation structure, we provide assistance with preparing and filing election forms, creating bylaws, and structuring ownership shares.

B-Corporation Formation

For those choosing to set up a company with a public benefits purpose or mission, there are some state law specific requirements. We assist in preparing and filing legally compliant articles of incorporation, creating bylaws, and structuring ownership shares.

Operating Agreements and Bylaws

Strong internal governance is essential for any business. We draft and review operating agreements for LLCs and bylaws for S-corporations to ensure clear rules for ownership, management, and decision-making.

Governance and Decision-Making Structures

We help businesses establish clear governance structures that define roles, responsibilities, and decision-making processes. This is especially important for multi-member LLCs and corporations with multiple shareholders.

Contract Drafting and Negotiation

Businesses rely on contracts for their day-to-day operations. We draft and negotiate agreements with vendors, clients, and partners to ensure they align with your goals and protect your interests.

Succession Planning and Exit Strategies

Planning for the future is critical for business continuity. We can assist with creating succession plans, buy-sell agreements, and strategies for mergers, acquisitions, or dissolutions.

Our Practice Areas

All Practice Areas

Our Approach

Montague Law focuses on providing practical, actionable legal solutions that align with your business objectives. By understanding your goals and challenges, we create legal strategies that are both effective and sustainable.

Step 1: Consultation

Schedule an initial consultation to discuss your business goals and challenges. We’ll evaluate your options and provide guidance on selecting the best structure for your needs.

Step 2: Formation Planning

If necessary, our team will prepare the necessary documents and assist with the legal requirements to establish your business entity. This includes filing state paperwork, drafting agreements, and ensuring compliance with applicable laws.

Step 3: Governance and Operation

We work with you to establish operational policies and governance structures that provide clarity and accountability, ensuring your business is positioned for long-term success.

Step 4: Ongoing Support

As your business grows and evolves, we provide legal support for operational needs, compliance updates, and strategic planning to help you adapt to changing circumstances.

Frequently Asked Questions

What are the advantages of forming an LLC?

An LLC offers flexibility in management and taxation while providing liability protection for its owners. This structure is often chosen for its simplicity and adaptability to different business needs.

How is an S-corporation different from an LLC?

S-corporations provide similar liability protections but have unique tax advantages, such as avoiding self-employment taxes on distributions to shareholders. However, they come with stricter ownership and operational requirements.

What is an operating agreement, and why is it important?

An operating agreement outlines the ownership, roles, and decision-making processes within an LLC. It helps prevent disputes and provides a clear framework for managing the business.

What are the tax implications of choosing an S-corporation?

S-corporations allow profits to pass through to shareholders without being taxed at the corporate level, reducing the overall tax burden. However, compliance with IRS rules is essential to maintain this status.