Practice Areas

Business Formation | Business Operation | Business Contracts | Employment Law | Business Transactions | Business Perpetuation Planning | Non-Profit Organizations | Estate Planning | Estate Administration

Joyner & Burnette offers both hourly fee and flat fee arrangements for its services.

Business Formation

Provide advice on which legal entity would be appropriate to conduct the client’s particular business activities:

  • Corporation
  • Limited liability company
  • General partnership
  • Limited partnership

Prepare the documents necessary to create the legal entity chosen:

  • Articles of Incorporation
  • Articles of Organization
  • Partnership Agreement

Organize the conduct of that entity’s internal affairs:

  • Bylaws
  • Shareholders Agreements
  • Operating Agreement
  • Partnership agreement

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Business Operation

Provide advice on the handling of legal issues that arise during the course of the conduct of the client’s business activities, including problems with:

  • Employees
  • Landlords
  • Vendors
  • Other third parties

Provide assistance with the registration of trade and service marks on both a state and national level.

Provide assistance with the filing and perfection of mechanic’s liens.

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Business Contracts

Provide advice on structuring, negotiating, drafting, and reviewing written agreements spanning the complete range of the relationships that occur in the life of a business. Such agreements include:

  • Restrictive covenant agreements (i.e., non-compete, non-solicitation, non-piracy of employees, and non-disclosure agreements)
  • Employment agreements
  • Independent contractor agreements
  • Consulting agreements
  • Joint venture agreements
  • Lease agreements
  • Licensing agreements
  • Management agreements
  • Marketing agreements
  • Sales representative agreements
  • Stock option agreements

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Employment Law

Provide advice on compliance with the requirements of the various laws that govern the employment relationship, including:

  • Fair Labor Standards Act (payment of overtime compensation)
  • Federal employment discrimination laws (Age Discrimination in Employment Act, Americans with Disabilities Act, Title VII)
  • Family Medical Leave Act (unpaid leave for employees to take care of personal or family member medical conditions)

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Business Transactions

Provide advice and prepare documents necessary to accomplish:

  • The purchase or sale of the assets of a business
  • Its merger or other combination with another business entity
  • The purchase or sale of stock or other ownership interests in a business

Such a transaction may involve all or only a portion of the assets of, or ownership interests in, a business and can be done to gain market share, bring in new investors, and for any number of other reasons.

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Business Perpetuation Planning

Provide advice and prepare documents to implement a plan to transfer ownership of a business to family members or employees to ensure the continued operation of the business after the retirement or death of the owner

Such a plan may involve the gifting, sale, or both of ownership interests in the business or the creation of stock option and similar agreements.

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Non-Profit Organizations

  • Provide advice on the appropriate type of non-profit organization to accomplish the client’s intended purpose. A non-profit organization does not have to have a charitable purpose. It can be for social welfare or business promotion purposes, among many other purposes
  • Prepare the documents necessary to create and organize the chosen type of non-profit organization and to obtain tax exempt status for the organization from the IRS

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Estate Planning

Provide advice on:

  • Options for establishing estate planning goals
  • Resolution of family conflicts during life through proper planning
  • Opportunities for tax savings
  • Property transfer options during life
  • Advantage of making gifts
  • Protection of assets from creditors

Prepare documents to implement estate plan, including:

  • Wills
  • Codicils (amendments to Wills)
  • Irrevocable Trusts
  • Living Trusts
  • Durable Powers of Attorney
  • Advanced Directives (Living Wills)
  • Family Partnerships
  • Gift Transfer Documents

The estate plan’s purpose is to work within existing state and federal laws to preserve the maximum amount of assets possible for those intended to inherit those assets and create the documents necessary to accomplish the client’s goals regarding the disposition of such assets.

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Estate Administration

Service as Fiduciary

  • Act as the executor or administrator of a deceased’s estate
  • Act as the Conservator of the property of a minor child’s or incapacitated adult’s estate
  • Act as the trustee of a trust estate

Representation of Fiduciary

Provide advice and prepare documents to:

  • Probate a Will or a copy of a lost Will
  • Administer an intestate (no Will) estate
  • Transfer title to assets of the estate to the beneficiaries
  • Transfer title to assets intended to fund a trust

Provide advice and prepare documents to have a guardian or conservator appointed for a minor child or incapacitated adult

Assist with:

  • Correcting defects in the title to the estate’s or trust’s assets
  • Overcoming objections to the probate of a Will or the appointment of a guardian or conservator
  • Resolving issues with creditors of the estate or trust
  • Operating a business that is a part of the estate or trust

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Joyner & Burnette, P.C.
P.O. Box 100, Decatur, GA 30031
404-638-5891 | info@decatur-law.com | Find us on Google+

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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