Much of what we do at Smyth & Mason, PLLC involves helping clients memorialize their business deals and protect their relationships. Here are representative examples of those types of transactions and planning.
LLC Operating and Corporate Shareholder Agreements and Other Business Formation Agreements
When you go into business with another individual or business as an LLC or corporation, it is best to make sure the different members’ interests are aligned and rights and duties are clearly set forth in writing. A good way to do this is to have your arrangement spelled out in a shareholders’ or operating agreement. Smyth & Mason can help you understand and address key issues like control, present and future capitalization and dilution, apportionment of duties and responsibilities, limits to authority, agreed events of departure and buy outs. We can also help with formation documents, including articles of incorporation and bylaws.
Purchase and Sale and Asset Purchase Agreements. If you are buying or selling a business or business assets, you need appropriate contracts and someone to help you through to closing. Smyth & Mason can help. We help draft and review non-binding letters of intent, Purchase and Sale Agreements, Asset Purchase Agreements and the variety of secondary exhibits that support those types of documents.
Financing and Refinancing Agreements. When our business clients approach banks or other lenders to finance or refinance their business needs, Smyth & Mason can help. We commonly review the lending and security agreements involved in such financing or refinancing deals to ensure the commitments are reasonable and responsibilities and events of default are fully understood.
Leases and other Real Estate Agreements. A lease is often one of a company’s most important contract obligations. They are not all alike. We have experience with commercial leases and can help ensure you are protected as a lessor or lessee. We can also help with real estate purchase and sale agreements.
Master Service Agreements, Independent Contractor Agreements and other Contracts. We are often asked to review the contracts our business clients execute with their own clients, subcontractors and vendors. Depending on the circumstances, these are templates we help draft or contracts the client is presented with and needs reviewed. These agreements may contain indemnification provisions, payment and other terms that prove quite important in the event of dispute or loss. We are commonly asked to draft templates and “redline” agreements, and to assist clients in “getting to yes” on disputed terms.
Insurance Policies. We are commonly asked to review insurance policies to assess whether a certain kind of loss or claim is or is not covered. Insurance policies are complex contracts and exclusions are often broader than people expect. We provide this service as to both business and personal policies of insurance, so if you are not covered, you know before it is too late.