Business Law / Incorporations

General Business Law

The first consultation to discuss an estate plan, small business start-up or existing business evaluation is complimentary. With the free consultation, The Law Offices of Patricia M. Scoles will provide professional guidance and legal advice with regard to estate and business planning.

In the initial discussion, Ms. Scoles will review the options and recommend the most appropriate type of estate plan that best protects your financial and real property assets eases the tax burden and prevents any involvement by the courts. With the insightful edge of an experienced business law attorney, Ms. Scoles will pose every question to determine what business entity is right for you. Each consultation is at no charge; offering sound advice on matters that require a knowledgeable estate planning and business law attorney …Patricia M. Scoles.

Business law, also termed commercial law, deals with the legal aspects of conducting business. If they are not initially dealt with correctly and completely by a competent business law attorney, the cost to resolve the problems greatly exceeds the cost and false sense of convenience by “doing-it-yourself” through online resources; particularly if your business is in a highly regulated industry and your plan includes opening multiple locations. A competent business law attorney will ask the tough questions and reveal legal matters that are not obvious to the layperson.

Attorney Patricia Scoles is a consummate professional with regard to effective communication, thoroughness, accuracy and the willingness to work judiciously for her clients. As an expert in the field of business law, Ms. Scoles takes the time to educate and advise her clients on every legal aspect of running a business; often identifying problems well in advance of making far-reaching decisions. In anticipation of other important inquiries from her clients, Ms. Scoles has established relationships with business professionals in related fields to include banking, accounting, financial planning, residential and commercial insurance and mortgage lending.


Setting up a corporation requires an experienced business law attorney. The properly formed corporation must operate as a corporation at all times to qualify for the legal protections offered by the corporate status.

In simple terms, a corporation is an entity that benefits from legal protection similar to a private individual. However, only an experienced business law attorney can advise on the differences, advantages and disadvantages of the types of corporations: a C corporation, S corporation or an LLC.

With incorporation, a business or a religious, civil, nonprofit or charitable organization can acquire protection of personal assets and certain tax benefits and establishment of retirement funds and plans (such as a 401K). The formation of a corporation protects its assets against the claims of creditors and lawsuits. The stockholders, directors and officers are not liable for the company’s obligations and debt. If financing originates from outside investors, stock certificates need to be prepared, registered and issued and rules for shareholder’s stock holdings established.

More importantly, consult a business law attorney with strong estate planning background. From the beginning, a corporation should have a plan for changes in ownership with a Shareholder’s Agreement. The agreement plans for the time when an individual leaves the corporation to pursue other interests, retires, dies or becomes disabled.

Ms. Scoles prepares the Articles of Incorporation that must be filed with the state of California and counsels the members in the formation of their by-laws; the operating rules for the company. Advice on licenses, permits, employer ID # from the IRS, a seller’s permit and a zoning permit if applicable is also provided.