Business & Commercial Law

Management and Governance

Counseling on corporate management and governance issues

Too many companies encounter unnecessary problems and disputes just when things should be at their best because they do not have the proper documentation in place to handle employment, buyout and corporate governance issues. We are here to assist you in learning how you can plan for success as well as how you can avoid risk and potential issues through lack of proper documentation. Our attorneys know how to anticipate the problems that are likely to come up when your company is performing well. Our legal advice and attention to corporate governance issues and help keep problems from eroding your profits or threatening your stability.

While such basic instruments as an LLC’s operating agreement or a corporation’s bylaws can address a wide range of problems before they come up, new circumstances or a significant change in the scale of your business can create new challenges for your management group. We can work with your equity group or management team to identify and analyze immediate or potential problems and revise your basic agreements to reflect the new realities. Revised and updated company documents can address and resolve actual or impending problems through such instruments as:

  • Revised shareholder, LLC or partnership agreements
  • Written professional or executive employment contracts
  • Amended buy-sell terms to reflect new asset valuations
  • Management disability planning, executive insurance and other instruments that address the possibility of the death or divorce of a key principal
  • Renewed attention to shareholder rights after an expansion of your equity base
  • Property documentation of corporate resolutions, partnership and LLC meetings or other official business covered under Arizona law

An informal management style that succeeded in the early days of your company might need to be tightened up with proper attention to corporate governance issues. It does not pay to ignore the legal rules concerning the election of officers and directors, the timing and conduct of meetings, and the preservation of corporate records. Observing the business formalities will not only help protect your company and its officers from risk and liability, it can also protect your company’s value in a sale or merger situation. It can also help with your taxes. Contact Michael W. MargraveLat J. Celmins or Christopher D. Lonn at our AV-rated* law firm

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories–legal ability and general ethical standards.