Corporate & Business Formation

Corporate Formation Attorneys For Your New Business

The first steps in starting a business include picking the right business entity, submitting the correct formation documents, and creating bylaws, operating, and other similar agreements. 

Our corporate formation attorneys at MAH Advising, LLC (“MAH”) can handle all of your business needs, whether you’re forming a limited liability company (LLC), a limited partnership (LP), or a corporation.

MAH provides startup companies with the corporate investment adviser formation services and assistance required to form a successful business. We represent businesses in New York, across the country, and worldwide while continuing to provide corporate services.

With clients who are interested in creating or maintaining a corporate entity, MAH focuses on a number of particular areas, including:

  • Preparing and submitting formation documents, such as the statement of information and business name (where applicable)
  • Obtaining a Federal Tax Identification Number
  • Creating necessary partnership agreements, operating agreements, or bylaws
  • Developing shareholding contracts
  • Filing blue sky notices as applicable
  • Keeping books and records during the formation process and for the life of the business
  • Serving as a registered agent for New York-based entities
  • After the business formation process is finished, our law firm continues to offer legal services to clients. 

Our in-house attorneys will examine your company to identify risk management and legal issues before they become serious issues. Additionally, we help you submit your annual updates and provide updates and amendments to corporate documents as needed.

Determining Corporate Entity: Liability Considerations

How can you shield your family and yourself from legal action if your new company is sued? How do you keep your personal life separate from business transactions? Your personal liability for business transactions and future tax obligations will depend on your chosen business entity.

Our corporate law attorneys counsel clients on entity selection, including partnerships, limited liability companies (LLCs), professional limited liability companies (PLLCs), S corporations, C corporations, and others. We advise you to consult your tax accountant for advice regarding how each entity impacts your tax obligation. MAH can assist you whether you are considering starting your own business or increasing your current options.

Strategic Council For New Business Models

  • Governance and corporate structure
  • Registration as a broker-dealer or investment adviser
  • Regulatory filings necessary for the company
  • Employment transitions and licensing
  • Business plan formation and review
  • Formation of a business entity (LLC, Corporation, etc.)
  • Considerations for FINRA and SEC regulatory compliance
  • Examine and analyze current employment agreements and contracts
  • Advice on protecting confidential information and marketing to previous clients
  • Examining private fund and family office exemptions
  • Client documentation creation (including new account forms, investment policy statements, client agreements & financial planning contracts)
  • Making policies and procedures for a new independent practice, including internal controls
  • Client disclosure document creation (Form ADV, offering memorandum, marketing piece disclosures, client performance reports, etc.)
  • Testing required for the compliance program
  • Legal advice on state and federal securities laws, rules, regulations, and requirements
  • Transition procedures for transferring client accounts to the new entity

Considerations for Registered Investment Advisors, Private Fund Advisors, Broker-Dealers, and Others

Private Fund Advisers

When establishing their business, a private fund adviser should take into consideration a variety of factors. The amount of money that will be managed, whether the company will manage futures or other commodity interests, the initial investors in the company, and the terms of the investment are some examples of these factors.

MAH Advising, LLC (“MAH”) can provide private fund counsel services such as:

  • Establishing corporations in Delaware, California, and other states
  • Completing SEC, state, and Exempt Reporting Adviser (ERA) registrations 
  • Registering as a Commodity Trading Adviser or Commodity Pool Operator with the NFA
  • Providing advice on seed capital
  • Offering advice on how to handle important contingencies, such as future valuation, put and call provisions, death, disability, withdrawal, or termination of a principal
  • Addressing crucial regulatory compliance issues for the organization’s infrastructure and program of compliance

Broker-Dealer Formation

The broker-dealer formation process entails a number of complex steps, including picking the appropriate business structure, drafting the new membership application (NMA) form, developing efficient compliance programs, writing written supervisory procedures, preparing for the FINRA interview, and making sure there is enough net capital, to name a few.

Our broker-dealer formation service includes a wide range of services, such as:

  • Company formation (LLCs, S corps, etc.)
  • Application procedures for the SEC and FINRA
  • Assistance with completing all registration documents, including Form BD, Form NMA, business plan, and supporting documentation submission.
  • Creating written supervisory procedures (WSPs) as well as the necessary brokerage forms and agreements
  • Processes for switching from one broker-dealer to another
  • Help with FINRA rules 3110, 3120, and 3130 requirements (CEO certification)
  • Mock regulatory examinations (including branch office locations)
  • Anti-Money Laundering (AML) initiatives
  • S-P Regulation (privacy policies)
  • Responses to customer complaints
  • Assistance with solutions for monitoring and surveillance
  • Registration and licensing of individuals and organizations
  • Broker-dealer advertising & sales literature reviews
  • Business continuity and disaster recovery plans (BCP and DRP)
  • Cybersecurity program development counsel on broker-dealer sales transactions & practices

MAH collaborates closely with you right from the start to fully understand your company’s goals and challenges. Once we have this information, we develop a project calendar that lists the tasks that need to be finished in order to submit a membership application, the anticipated time required to complete each task, and the professional of the MAH team who will be engaged in the formation process. We keep an open communication line with our clients and the relevant regulatory bodies throughout the project.