Professional Service And Zealous Advocacy For Clients Across North Carolina

Strategic Legal Support For North Carolina Businesses Of All Sizes

At Bain & McRae, LLP, our business law attorneys provide comprehensive legal services for all types of businesses in North Carolina. Drawing from more than 60 years of legal experience, our business lawyers help our clients manage complex transactions such as mergers, acquisitions and business sales, representing both purchasers and sellers. We are adept at drafting and negotiating business contracts to safeguard your interests and ensure smooth operations. We also offer experienced litigation and counsel for trial matters.

We have successfully formed hundreds of businesses, including corporations, limited liability companies (LLCs) and partnerships. Our attorneys are well-versed in addressing tax-related concerns and insurance matters. Our goal is to be your trusted legal adviser, capable of addressing any challenges throughout the lifecycle of your business.

Get Skilled Help Choosing The Right Business Entity

Are you starting up a new business or scaling up your existing business? Selecting the right type of entity without legal help may be confusing. First, you will need a business plan. We can help you with that. What type of business is it? What is the name of your business? Who are your intended customers? How long do you want to be in business?

Next, you will need to register your business in North Carolina. How will you structure your business? There are four general categories:

Sole proprietorship
Partnership
Limited liability company (LLC)
Corporation

Each option offers distinct benefits and drawbacks. An LLC is popular due to its flexible structure and limited liability protection. There are several different types of corporations. Each provides strong liability protection and can attract investors but requires more paperwork and compliance. Sole proprietorships and partnerships are more straightforward and have fewer regulations but offer less personal liability protection.

Our knowledgeable business law attorneys can help you successfully navigate the complexities of entity formation. We will provide guidance in aligning your business goals with the correct entity for the legal protection you seek. We will help you understand the legal implications, tax benefits and compliance requirements associated with each entity type, briefly:

Liability protection: Limited liability companies (LLCs) and corporations can shield personal assets from business debts.
Tax implications: LLCs offer flexible tax options, while regular corporations (C-corps) generally face double taxation. This occurs because the corporation pays taxes on its profits, and then shareholders pay income taxes on the dividends they receive, which are reported on their personal tax returns. S corporations and personal service corporations bypass this issue by passing their income directly to shareholders, who then report it on their individual tax returns.
Management structure: Corporations have a formal structure with directors and officers; LLCs are more flexible.
Cost and complexity: Sole proprietorships and partnerships are easier to set up but lack liability protection.

Our business law services include drafting and reviewing essential documents, such as business partnership agreements, operating agreements, bylaws and others to prevent future legal disputes. With legal guidance, you can focus on confidently growing your business. In addition to managing all aspects of business litigation, our services include comprehensive support for:

Business formation: We have helped clients form hundreds of businesses, including corporations, limited liability companies (LLCs) and partnerships.
Mergers and acquisitions: We have represented purchasers and sellers in mergers and acquisitions throughout the state.
Business contracts: We will help you draft, review and negotiate vendor, employment, insurance and other agreements to avoid contract disputes.
Contractor liens: We can help you file mechanic’s liens or construction liens to collect payment.
Tax matters: We assist businesses with a wide range of tax-related concerns.

When disputes arise, our business litigation team will have your back.

Common Questions About Starting And Managing A North Carolina Business

Business owners often face questions after choosing an entity. The following answers address issues that may affect how you name, manage and license your North Carolina business:

Can I run my business under a different name (DBA/assumed business name) in North Carolina?

Yes. You may operate under an assumed business name that differs from your name or your company’s legal name. In North Carolina, you generally must file an assumed business name certificate with the register of deeds in the county where your business operates. Before filing, you should search existing records to reduce the risk of choosing a name already in use or likely to cause confusion. An assumed name filing does not create a separate legal entity or provide the same protection as an LLC or corporation. You should confirm that the name does not conflict with another party’s trademark rights.

Do I need an operating agreement if I am the only owner of my LLC?

North Carolina law does not generally require a single-member LLC to have a written operating agreement. However, preparing one can help you document how the company will operate and show that the LLC is separate from your personal affairs. It may address management authority, financial contributions, distributions, recordkeeping and what will happen if you cannot manage the business. Banks or lenders may request the agreement before completing a transaction. An operating agreement can reduce uncertainty as your business grows or your ownership changes.

What licenses do I need to start a business in Harnett County?

The licenses and permits you need will depend on your location, industry and planned activities. North Carolina does not issue one general business license that covers every company. You may need state tax registration, industry-specific licenses, zoning approval, building or sign permits, health permits or other local approvals. Requirements may also differ if your business is inside a municipality within Harnett County. Before opening, you should check with the county, the proper municipal office and state agencies. We can help you identify the registrations and approvals that apply to your business plan.

We Tailor Business Law Strategies That Work. Call Us Today.

Every decision you make when starting a business can have long-lasting impacts. It’s crucial to partner with a law firm that can guide you through these critical early stages and continue to support you as your business evolves. Contact us for a consultation by calling 910-239-8184. Let Bain & McRae, LLP, in Lillington be your partner in navigating the complexities of North Carolina’s fast-growing business landscape. From our location next to the Harnett County Courthouse, we serve clients throughout North Carolina.