Business Formation

Decided to start your own business but don’t know where to begin? Our experienced lawyers assist clients nationwide in turning their ideas into successful ventures.

If venture capital is part of your future plans, we are here to establish your company following industry best practices to ensure smooth investor due diligence processes later on. From selecting the optimal business structure to securing your EIN and allocating founder shares, we’re here to assist you in launching your business seamlessly.

Setting Up Your Business Right: Key Steps

  • Finding the Right Legal Entity Structure
  • Choosing an Available Business Name
  • Secretary of State Registrations
  • Obtaining EIN (Employer Identification Number)
  • Preparing Certificate of Incorporation, Operating Agreements, Bylaws, Partnership and Shareholders’ Agreements
  • Issuing Founder Shares
  • 83(b) Filings
  • IP Assignment Agreements
  • Creating Stock Option Plans
  • Trademark Registration
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    I had the pleasure of working with Oguz Law to set up my business, and I couldn't be happier with the experience. They were patient in answering all my questions during the consultation, and took care of all the paperwork. I highly recommend them to anyone thinking about starting their own business.
    Kenneth D.
    Very knowledgeable team. I never had to wait long for a response, which made me feel really taken care of. I would absolutely recommend them to anyone!
    Mike A.
    I was truly impressed by their professionalism. They were so welcoming and friendly from the moment I walked in. They took the time to understand my needs and answered all my questions. It made the whole process a breeze. Thank you, Oguz Law!
    Melissa W.

    Frequently Asked Questions

    Yes, you do not need to be a U.S. citizen or a resident to start and operate a business in the U.S. You may even start your business remotely. However, the process and requirements may vary depending on the chosen legal structure.

    The duration of the company formation process depends on the current workload of the Secretary of State’s office. Typically, LLC formations take 1-2 days, while corporations may take 1-2 weeks.

    When deciding between incorporating your startup as an LLC or a Corporation, it's essential to consider factors such as liability protection, tax treatment, and ownership structure. LLCs offer flexibility in management and pass-through taxation, making them suitable for small businesses with a few owners. Corporations, on the other hand, provide limited liability protection and the potential for raising capital through stock issuance, making them ideal for scalable ventures aiming for significant growth and outside investment.

    Forming your company in Delaware can offer several benefits. Delaware has a sophisticated legal system with well-established corporate laws that provide clarity and predictability for businesses. Additionally, Delaware offers specialized courts like the Court of Chancery, which focuses on business disputes, providing expertise and efficiency in resolving legal matters. Moreover, Delaware's business-friendly regulations and corporate tax structure make it an appealing choice for startups seeking to maximize operational efficiency and investor confidence.

    Filing an 83(b) election with the IRS is crucial for startup founders who receive restricted stock grants. By submitting this election within 30 days of purchasing restricted stock, founders can choose to include the stock's value at the time of purchase in their taxable income. This can be particularly beneficial if the stock's value is expected to increase over time, as it locks in the current, potentially lower tax rate. Failure to file the 83(b) election within the specified timeframe could lead to higher taxes upon vesting, potentially resulting in missed tax-saving opportunities and increased financial burden for the founder.
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