BUSINESS ORGANIZATION

  • Business Formation. Mr. Witteman consults with and assists clients in forming their businesses, discussing and comparing the features of the different business forms, and realizing a plan to fit individual businesses, from limited liability companies and partnerships, to S and C corporations, and beyond.
  • Leases. Mr. Witteman consults with and assists clients in negotiating and entering into leases as both lessors and lessees that will maximize a client’s advantage and minimize risk. Various provisions in the least must be examined and negotiated in light of a client’s needs and the realities of the market, including the terms of the lease, the beginning date, the nature of the rent and whether it is linked to income generated by the business, “kick-out” clauses, co-tenancies, improvements, common area maintenance charges, non-compete clauses, termination clauses, personal guarantees, bankruptcy clauses, liquidated damages clauses, attorney’s fee provisions, arbitration clauses, and more. All should be considered, negotiated, and finalized in a clear, advantageous manner.
  • Contracts. Mr. Witteman consults with and assists clients in negotiating and entering into contracts that will maximize a client’s advantage and minimize risk. The core terms of a contract turn on the nature of the particular business, and vary from business type to business type, and business to business. Such “business specific” terms must be carefully considered in light of the practice in the community and commercial reality. Additional common provisions also require careful examination, discussion, and negotiation, including non-compete clauses, termination clauses, personal guarantees, bankruptcy clauses, liquidated damages clauses, attorney’s fee provisions, arbitration clauses, and more.