The nature of the preparation is dependent on the type of matter involved, but, at the very least, you should consider writing out a list of questions and/or issues to be discussed. This will help you “focus” the discussion, stay on track, and avoid forgetting something which needs attention.
If we were asked to assist you in the formation of your business, we would urge you to consider the following:
- The business name
- Principal address of the business
- Names, addresses and social security numbers of all “owners”
- How much (as a percentage of the total equity) each owner will own
- What each owner will contribute to the business in return for their ownership
- Names, addresses, and titles of officers
- If the business will be leasing space, a copy of the lease
- If the business will have employees how many and when the first payroll will be paid (you are considered an employee of a corporation of which you are an owner; you are NOT an employee of a limited liability company in which you are an owner)
We strongly recommend, but do not require, that you prepare a business plan. The biggest value a written business plan is that it will cause you to think through the business on a practical logistical level. A “completed” business plan should include:
- A marketing plan
- A projection of revenue and expense, and
- An analysis of the Strengths, Weaknesses, Opportunities and Threats (a S.W.O.T. analysis) which you may confront in your business.
Although there are several business plan software packages available, we HIGHLY recommend you work with a nearby Small Business Development Center (“SBDC”), which is a governmental entity charged with assisting entrepreneurs.
The adage “time is money” is particularly true when working with your attorney. By spending some of your time preparing for your meeting with your attorney, you could save a substantial amount of money.