Your business structure may affect how much you pay in taxes, how much personal liability you are exposed to, your ability to raise funds, and the paperwork required to maintain your business in accordance with Florida Statutes. At Obeidy & Associates, P.A. we offer a wide range of services to help aspiring and existing business owners navigate the corporate formation process. Specifically, we can help you:
The list above is in no way intended to be exhaustive. Contact us today to find out how we can help you get started on forming your new business.
Whether you are a sole proprietorship or a limited liability company, you must protect yourself and your business through enforceable agreements. Obeidy & Associates, P.A. has vast experience drafting:
Business Advisors often opine that a business owner should “start and run their business with the end in mind.” Ask yourself: have you prepared for the four inevitable D’s: Death, Disability, Divorce, and Disagreement? Specifically,
It is prudent and wise to plan for the aforementioned events and protect yourself through contract.
Business owners often erroneously believe that if they get sued, the case will be filed from an aggrieved customer, unpaid vendor, or some other third party. They often overlook the reality that most litigation originates from within: owners, employees, and shareholders. Internal disputes pose the highest risk of catastrophic collapse. At Obeidy & Associates, P.A., we educate our clients to plan for the unexpected. Contact us today to see how we can help you protect your interests through contract.
Corporate formalities are largely a creature of statute. Often, they encompass holding annual and special meetings, accurately documenting the minutes of those meetings, and maintaining certain corporate records at their principal place of business.
The types of formalities your business must adhere to depends on the structure of the business itself. For example, all Florida Corporations must adhere to the provisions of Florida Statutes Section 607, and specifically the record keeping requirements of section 607.1601.
While statutes are often easy to read and defer to, business owners often do not know where to look. They fail to read the statutes in their entirety and fail to fully comprehend how all the statutes work together. Allow us to elevate that burden for you. Should you opt not to retain us to help create, maintain, and store your records, we are more than happy to empower you and your team with the knowledge to correctly adhere to these formalities inhouse.
In Florida (and most states), special types of business entities enjoy a “shield” from personal liability in most cases. Most commonly, legal entities such as corporations, limited liability companies (LLCs), and Limited Liability Partnerships (LLPs) enjoy this protection. Put simply, this means that you cannot be sued personally for the debts of your business.
Importantly, there are exceptions to this general rule. If a shareholder, creditor, owner, employee, or otherwise can successfully “pierce the corporate veil” a Court will allow them to be sued in their individual capacity.
Florida Courts generally require three elements in order to “pierce the veil” of a business entity. They are: (1) a lack of separateness between the corporation and its shareholder(s); (2) improper conduct in the use of the corporation by the shareholder(s); and (3) that the improper conduct was the proximate cause of the alleged loss. Piercing the corporate veil is not an independent cause of action, but rather an equitable doctrine allowing for recovery from the owners themselves.
While the failure to follow corporate formalities in and of itself is not enough to “pierce the corporate veil,” it is often considered in establishing the first element. Courts will be looking to see if the legal entity was so closely aligned with the person interests and actions of its owner, that it cannot be rightfully considered an independent entity. In addition to comingling funds, failure to follow corporate formalities is the most important factor in making that determination.
Protect yourself and your business by letting us handle the formalities for you. We can be retained in a variety of ways to make sure that you never forget to schedule an important meeting, never forget to document that meeting, never fail to keep the appropriate records at your place of business, and above all things, never get your veil pierced.
We have one main goal for our corporate clients: train and educate business owners on applicable, Florida employment law to ensure their employees never come seeking our help.
Even in the most successful business, workplace squabbles are almost impossible to avoid. Conflicting personalities and differences of opinion are often inevitable. If handled improperly, these minor disputes can, and often do, lead to time-consuming, expensive, and burdensome litigation.
Allow us to make sure that never happens to you. At Obeidy & Associates, P.A., our goal is to empower clients through knowledge and training. Courts frequently opine that “ignorance of the law is no excuse,” but Business Owners can’t solve problems they don’t know exist. Ask yourself: Are you aware of all of the discrimination and harassment laws applicable to your business based on its size and location? Are you aware of which employees should be receiving overtime compensation and which employees may be lawfully exempt? Do you know what type of accommodations you must make for clients and employees that may be handicapped?
Only after you have been fully advised on all of the laws applicable to the type of business you are running, can you be truly empowered to prevent against future legal action. At Obeidy & Associates, P.A., we will walk you through every applicable law and help you structure your internal policies and procedures to make sure you are fully adhering to same. Give us a call today to see how we can help you with your Compliance Training.
Andrew and his awesome associate Lexi were incredibly helpful and provided me with THE BEST service anyone could ask for. I had a dispute that evolved into a mess greater than expected. Thankfully Andrew Obeidy was right there every step of the way and cleared up ALL of my issues. He showed up in person, on the phone, and on Zoom for me. He went above and beyond for me and I am forever grateful. He is truly an attorney who you can trust to get the job done. Andrew and his team are incredibly fair, knowledgeable, and professional. I owe many thanks to Andrew and Lexi for their help. Obeidy & Associates are the ones to go with!
David Colls is a trustworthy and sharp intellectual property attorney and my past experience working…
Had a great initial intake and confirmed as we thought that we had a very weak case. As has been my experience with other good attorney’s whom I have interacted, they give you an honest assessment of your odds before committing to a long drawn out legal process that goes nowhere.
“Once a client always a client.” I had a few questions, in less than an hour, Mr. Obeidy returned my call. At no additional charge he answered some questions. Thanks to a competent staff and his continued loyalty, I’m forever grateful!
I have come across few professionals that truly go above and beyond the call of duty. Andrew O’Beidy is one of the most authentic and informed attorneys in his field. Jovial and charismatic by nature, Mr. O’Beidy brings his confidence and experience in law to the forefront; bringing resolve and justice to the most egregious of situations. A dedicated and exceptional attorney, he leaves no stone unturned in his diligent representation of his clients. If you are interviewing attorneys for representation in your matter, he is the lawyer you’ll want on your side. A walking encyclopedia of knowledge for labor and employment law, Mr. O’Beidy is the best of the best. A proponent of truth and justice; he never misses a step.
Andrew and his staff were top notch. Every aspect of my case was dealt with clarity, intelligence and utmost care. Would highly recommend.