Archives

Orange County Business Attorney QandA Which business entityI am a private chef seeking to write up a business plan to teach cooking for couples in a creative and fun atmosphere.

Workshops will be half a day to a full day. They will take place in hotel conference rooms, cooking shops, private homes, or anyplace where I will receive permission from the owner to use their space.

I may hire independent chef instructors to teach so I can focus on operating the business.

I’d like to keep my personal & business finance separate and prevent double taxation. Which form of business entity is best suitable for my business interest?

Answer: An S corporation would be very suitable for your purposes

However, make sure to properly classify the instructors you mentioned as employees or independent contractors. You should discuss this with your business attorney.

Over the past several years, this has become a huge issue and I have defended so many employers who misclassified their employees as contractors.

In addition, do not rely on the advice of non-professionals in the field of internet services about incorporation. Make sure that your business is incorporated by a business attorney and be sure to comply with all corporate laws including maintaining your corporate formalities at least once a year at a minimum.

Be sure to draw up all contracts in the name of the corporation. Pay yourself a reasonable amount of salary. Do not commingle your personal money with the bank account for the corporation. Start with a reasonable amount of capital in the bank to pay creditors. Record the capital raised with the Commissioner of Corporations. Do not forget to issue stock and record it in your share ledger.


Question Does your Corporate Records Program include any representation if our corporation comes under scrutinyWhen we sign up for the annual corporate records maintenance program, does that include any type of representation?

That is, should we or our corporation come under scrutiny in the years that we are paying for the service with you?

Answer: Depends, our services are generally à la carte also consider we’ve significantly reduced the risk

In order to keep the annual program free manageable for small business clients, we pretty much treat our services as à la carte.

Depends our services are generally à la carte also consider we've significantly reduced the riskHowever, we do add in what we call our “I just have a quick question” feature.

If something comes up during the course of the year related to the corporate records, you may just give me a call and I will do my best to answer your question and it’s included in the program.

If we need to work on a project, then we will discuss the budget and go from there.

So long as you maintain good business practices:

We’ve reduced the risk as much as we possibly can!


Small Business - What type of information would you need to produce corporate records - Andrew Gale Attorney AnswersAs far as the corporate records, when I researched the requirements online, it seemed that we only needed to record officer meeting minutes at least once annually to be in compliance.

There was not much change that occurred in the business over the years since inception.

What type of information would you need to produce the documents you referenced?

Answer: We send you notices of when meetings are required, working agendas to fill out, we will draft the minutes and return them for electronic date stamped signatures

Andy Gale Small Business Law Firm Orange County One of the critical things with corporate record-keeping is that we go through the process of doing it even though they’re not are many changes.

Microsoft will handle their corporate records with the same officers and directors, insurance companies, contracts, etc. The fact that things don’t change much, does not mean that they are not required to do it.

Your corporation will be treated just the same.

One of the keys to our processes is that you and I will have the paper trail backward and forward to show that it was actually done.

In the program I will be sending you notices of when meetings are required to be done, I will send you working agendas to fill out and send back to us so that we can prepare the minutes, we will draft the minutes and send them out to for electronic signatures which will be date stamped, etc.