Starting your business?

You’ve Come to the right place

For startups, the right beginning sets a trajectory for success. The wrong one sets it up for failure. That’s why we’ve crafted the ultimate Startup Package, a comprehensive service which guides you each step of the way, from incorporation, to setting up your shareholder agreement. All at a flat rate of $2,450 (fees and taxes included).

Want to learn more about whether our Startup Package is the right fit? Contact us today for a free consultation.

Why incorporate?

Incorporating one’s business is the best option for the vast majority of entrepreneurs. It transforms one’s business from an abstract entity into a legal “person”.

Here’s how incorporation benefits your business:

  • Liability Protection: The “corporate shield” is one of the most powerful tools an entrepreneur can have access to. Utilizing the shield to its full potential allows you to separate your personal assets from business assets. This allows you to take big risks in growing your business, while ensuring you’re protected from the worst.

  • Access to Capital: Incorporation can open doors to funding opportunities, allowing your business to grow and scale faster than your competition. Whether you plan on funding your business through angel investors, VCs, grants, or even crowdfunding, you’re going to need a corporation.

  • Access to Talent: Many startups have a tough time attracting top talent, in large part due to budgetary constraints. But through the intelligent use of stock options, your corporation can bring and retain the talent you need to grow your

  • Durability: Incorporation ensures the business can continue beyond the original founders, making it easier to bring on new people, and paving the way for long-term success.

  • Credibility: A formal business structure can lend your venture the credibility it needs to build trust with customers, partners, and investors.

Legal Checklist for startups

  • Your business’s name can have a huge impact on its ability to draw in customers. The right name will draw prospects in. The wrong one will drive them away.

    In addition to choosing a solid name, you must make sure it’s not conflicting with any existing names, by searching the business registry where your business will be based (for instance, this website for New York).

    In certain jurisdictions, you can reserve your name, in case you’re quite ready to incorporate, but want to ensure the name you want i kept available.

  • Corporations must have an agent for service of process (called a "registered agent"). The agent is the “official contact” for legal communications (i.e. a lawsuit).

    For businesses incorporated in New York, the New York Secretary of State is the default registered agent.

    But for businesses incorporated in Delaware, you’ll need to appoint one. There are a number of businesses which offer registered agent services.

  • Next, it’s time to breathe life into your corporate entity, by filing your articles. There are two ways to do this:

    Online: Use the DOS's On-Line Filing System for New York, or Delaware Division of Corporations.

    By Mail: If you prefer the old-school method, mail your completed certificate to the relevant body.

    If incorporating in New York, the Department of State offers a bare-bones certificate form.

  • Your minute book is your corporate record. This is what allows you to ensure your corporation is kept legitimate, and that your corporate shield will hold in the case of a lawsuit.

    As a starting point for your minute book you’ll need a set of corporate bylaws.

    Corporate bylaws is an internal rulebook hat sets out how your corporation, as a legal “person”, makes decisions.

    For both New York and Delaware, having signed corporate bylaws is mandatory. Failing to take this step puts the validity of your corporation at risk.

    At the very least, your corporate bylaws should cover:

    • how the corporation is structured (for example, laying out the number of directors and officer positions)

    • how shares are issued

    • the process for meetings of directors and shareholders

    • how the board and officers are elected and appointed, and

    • the rights and obligations of directors, officers, and shareholders.

  • While the corporation is a legal “person”, it cannot make its own decisions. This of course, falls on the directors.

    For most new startups, the initial directors appointed will be the founder themselves.

    As first step, the directors should pass a resolution (an official “decision” by the corporation).

    The first director’s resolution typically:

    • appoints corporate officers (i.e. CEO, CFO, COO)

    • adopts bylaws

    • select a corporate bank

    • authorize the issuance of shares of stock

    • set the corporation's fiscal year, and

    • adopt an official stock certificate form and corporate seal

    • Election of s-corporation status (see business formation & incorporation)

    The resolution is then added into the Corporation’s minute books.

  • Once the first director’s resolution has been passed, the corporation can now issue shares of its stock out to the founders.

    There are many considerations to keep in mind when issuing stock, as once stocks are issued, they typically cannot be taken back. For this reason, it is extremely important for a vesting agreement to be put in place, allowing shares in the company to trickle out.

  • Finally, once the shares have been issued, we get to the shareholder’s agreement, which sets out the rights an obligations of each shareholder.

    While there is no statutory requirements for a shareholders agreement, having one in place is essential for ensuring that everyone is on the same page.

  • Finally, it is important for all the founders involved in the business to sign their intellectual property over the business. This ensures that any work they produce is owned by the business, and not by the founders themselves.

    This step is essential if you want to raise money for your business down the line. One of the first things investors will want to check as a part of due diligence is IP ownership.

While it is possible for a savvy entrepreneur to go through these steps themselves, any experienced business person will tell you that it’s not worth it. When the money starts coming in, you do not want to risk your business on sub-par legal work.

That’s why Apex Corporate Law is here to handle each of these 8 steps for you. Our Start-Up Package will provide you and your co-founders the peace of mind you need to move full steam ahead, as well as provide you with a set of essential legal templates which you’ll use time and time again, all at a flat rate of $2450 all inclusive. For select businesses, we also offer the option to pay in equity.

To learn more, book a consultation with us today.

Why choose Apex?

Before drafting a single document, we sit down with you to understand the nuances of your business vision, goals, and challenges. Armed with insights from our initial consultations, we craft a legal strategy that mirrors your business's unique trajectory.

Apex Corporate Law stands out not just for the world-class services we provide, but for how we deliver them.

Personalized service

From our first consultation to the final delivery of your package, we maintain clear, open lines of communication. You’ll always know where your project stands and what steps are next, and our staff will be here to answer questions every step of the way.

Ongoing support

No surprises

The price you see is the price you pay. Our startup package is fully inclusive of all government filing fees and taxes, ensuring the number on your invoice is the only number you need to worry about.

To see if we’re a good fit for your business, book a free strategic consultation, to speak with a New York business lawyer.

What you get

We’re here to figure out the exact legal framework that’ll flex as you grow from lean startup to industry heavyweight. Here’s a detailed look at what you get for our all-inclusive Startup Package.

  • Incorporation and Structure Advising: Our first step involves a detailed consultation to determine the most suitable legal structure for your business, which will determine the documentation we’ll need to ensure all parties (including the business) are protected.

    Intellectual Property (IP) Strategy: Protecting your innovations is crucial. Our IP consultation outlines effective strategies for safeguarding your ideas, products, and services, setting the stage for a robust IP management plan.

  • Incorporation Services: We handle the end-to-end process of filing your Articles of Incorporation with the relevant body, ensuring your business is legally recognized and set up for success.

    Employer Identification Number (EIN) Registration: Essential for tax purposes and financial transactions, we facilitate the acquisition of your EIN from the IRS, streamlining this critical step in your business setup.

  • Founders' Agreements: A clear agreement among founders is vital for the harmony and direction of your startup. We draft a comprehensive set of Founders' Agreement including Directors Resolutions and Shareholders Agreements, that clarifies roles, responsibilities, and equity distribution, protecting all parties involved.

    Bylaws Drafting: Tailored to your company's unique needs, our customized bylaws establish your internal management structure and operational guidelines, ensuring governance practices are clear from the outset.

    Share Vesting: To protect the company in case an early-founder leaves, we’ll put in place a stock vesting plan, to ensure everyone’s got skin in the game.

  • Non-Disclosure Agreement (NDA) Template: Secure your proprietary information with our robust NDA template, essential for discussions with potential partners, investors, and employees.

    Employment Agreement Templates: Set clear expectations and protect both your company and its employees with our customizable employment agreements. These templates cover key terms such as duties, compensation, confidentiality obligations, and termination conditions.

  • Depending on the specific needs of your business, the Startup Package can be modified to include additional components, such as trademark registration, terms of service / privacy policy, or employee stock options.

    Simply let us know what else you would need, and we can provide an up front quote to help you make your decision.

FAQs

How does the startup package help my business?

Engaging with a business lawyer at the early stage of your business is crucial because it ensures that your foundational decisions are informed, legally sound, and strategically beneficial. Too many businesses fail because of easily avoidable issues, from failing to select the appropriate business structure, or setting up clear contracts and agreements. Early legal guidance not only protects you and your startup, but also positions your venture for successful scaling, investor attraction, and market entry.

Can’t I do this myself?

The digital age has empowered entrepreneurs with unprecedented access to legal resources and templates online. Tackling your legal tasks can be educational—a sentiment echoed by our founder's own journey.

Yet, here's the caveat: is it prudent to anchor the legal foundation of your venture on DIY solutions?

Consider the stakes. Your business is a culmination of your dreams, hard work, and investment. The question then becomes, are you willing to expose it to vulnerabilities due to potentially incomplete or inaccurate legal work?

Moreover, redirecting your energy from your core business activities to navigate complex legal waters may not be the most efficient use of your time. The essence of entrepreneurship is focusing on your strengths and the innovative aspects of your business.

Lastly, bear in mind that future interactions with investors, partners, and key hires will likely necessitate professional legal scrutiny. Establishing a solid legal foundation early on not only safeguards your business but also positions you favorably for these critical engagements.

What’s included in the startup package?

The Startup Package offers a complete suite of legal services essential for new businesses, including incorporation services, tailored contract templates, intellectual property strategy consultation, and assistance in obtaining your Employer Identification Number (EIN). Our goal is to provide you with a solid legal foundation to launch and grow your business confidently.

Are government filing fees and taxes included?

Our startup package is designed to be all-inclusive, covering all government filing fees and taxes associated with the services provided. This transparency ensures that the price you are quoted is exactly what you will pay, with no hidden fees or surprises.

What jurisdictions can i incorporate in?

We can help you incorporate in either New York, Delaware, or Nevada - three of the best states to incorporate in. For more details on the advantages of each state, and to determine which one is best suited for you, please contact us for a consultation.

Do I have to be located in the US to incorporate there?

No - anyone can set up a US entity, even foreign residents.

Can I customize the Startup Package based on my specific needs?

Absolutely. While the Startup Package covers a broad range of essential services, we understand that every startup has unique needs. We're happy to discuss and tailor our package to include any additional services your business may require, ensuring that you receive the most relevant and effective legal support. This includes add on services such as trademark registration, or setting up an employee stock option plan. Of course, we will provide a quote, and wait for your confirmation, before billing.

How long does it take to complete the services included?

The timeline can vary depending on the specific services and the complexity of your needs. Typically, the initial setup and incorporation can be completed within a few weeks. However, we prioritize thoroughness and personalization over speed, ensuring that every aspect of your legal setup is perfectly aligned with your business goals. We will provide a more detailed timeline during our initial consultation.

What if I need legal services beyond what the Startup Package offers?

We're here to support your business as it grows and faces new challenges. If you require legal services beyond those included in the Startup Package, we can provide them on an as-needed basis. We'll discuss any additional services and associated costs upfront, ensuring you make informed decisions about your legal strategy.

How do I get started with the Startup Package?

Getting started is simple. Contact us to schedule an initial consultation, where we'll discuss your business vision and how our Startup Package can meet your needs. From there, if it seems like we’re the right fit, we can begin the process, and put together an action plan for building the foundation of your business.

Ready to take your business to new heights?

Don’t navigate the complexities of corporate law alone. Whether you’re setting up a new venture, securing your intellectual property, or negotiating a crucial deal, Apex Corporate Law is here to guide you. Schedule your consultation today and partner with us for tailored legal strategies that drive real results. Contact us now to secure your business’s tomorrow.