Business Attorney Albuquerque New Mexico Business Lawyer The Crecca Law Firm

BUSINESS TRANSACTIONS FORMATION AND DISSOLUTION

Selling or buying a business in New Mexico

If you are thinking about starting a business, you have many decisions to make. LLC or LLP? Partnership? Incorporate? Our attorneys can help you determine which business entity is best for you. Forming a contract? Buying or selling a business? Legal issues can cripple your business or kill a deal. If you need help, contact our firm to set up a free consultation. You'll find more information below about our philosophy and services.

Starting a business in New Mexico - After you have decided to start your business, the first step is deciding what type of entity to operate under. New Mexico has may different types of legal entities available, and our attorneys can assist you with your choice of entity. Our law firm can assist with the formation of New Mexico corporations (selection of a subchapter C corporation or S corporation), formation of a New Mexico limited liability company (LLC), general and limited partnerships (GP or L.P.), limited liability partnerships (L.L.P.), 501(c)(3) non-profit entity formation, professional entities such as professional corporations (P.C.), and Professional Associations (P.A.) and New Mexico sole proprietorships (d/b/a or doing business as).

Each of these business types has their own advantages and disadvantages. Your selection of entity should be made with the advice of a professional to ensure that your objectives are met. The Crecca Law Firm can assist you in selecting the appropriate entity for your business, the formation and operation of the business as well as maintenance, contracts, and litigation.

Business formation in New Mexico - Once you have chosen the form of legal entity for your business, you will most likely be required to file legal documents with the Secretary of State. The state will review your documents and issue a charter, recognizing your newly formed business. Once a charter is issued, there is more individualized and important paperwork to do, such as initial organizational meetings, drafting of operational documents (bylaws, operating agreements, pre-incorporation agreements, etc.) and business succession matters. The Crecca Law Firm will work closely with you to tailor these documents to your business' needs.

Government licensing, regulation and compliance - Once you have your business formed, you will need to obtain a Federal Tax Identification Number. In addition to obtaining a Federal Tax Identification Number, your business may be required to obtain additional licenses or permits in order to comply with state, county or local ordinances and codes. Our law firm can assist you with governmental compliance and other license and registration issues either directly, or by association with other professionals.

Selling a business in New Mexico or Buying a business in New Mexico - Buying or selling your business can be complicated and involved multiple transactions and agreements. The purchase or sale can include purchase or sales of all assets, stock or unit transfers and mergers. Other professionals such as business brokers and valuation consultants may be involved. The Crecca Law Firms can assist you with the various aspects of this type of commercial transaction. Some issues to consider are the Uniform Commercial Code, governmental regulations and compliance, employment agreements, liens, leases, goodwill, the purchase and value of furniture, fixtures and equipment that you are buying.

General business transactions and corporate maintenance - The Crecca Law Firm provides a broad range of transaction services to business clients including the drafting of contracts, assistance with compliance and regulation issues, such as change of registered agent, reinstatement of a forfeited entity or franchise, termination of a business, and changing the name of a business ("doing business as" registrations for individuals and corporations is also known as a fictitious name application), We also assist with the preparation of corporate resolutions, buy sell agreements, and documentation of corporate meetings (minutes).

Contract formation and negotiation - We regularly assist with the drafting, negotiation and review of business contracts. We handle contracts including buying and selling businesses, sales representative agreements, responses to requests-for-proposals, joint venture agreements, employment agreements, (including non-compete contracts, employment agreements and non-disclosure agreements), and commercial and equipment leases. We also draft custom agreements including sales, representation agreements, and leases.