I’m starting a business with a friend, and want to know if the name I want to use is taken. I’ve also heard that we should be an S corp, or a limited liability company, or something. How do we decide?

In this situation, I would educate the client (you) about the different entity choices available to you, and the pros and cons of each.

I would strongly suggest creating a simple buy-sell or member control agreement from the outset, since there is more than one owner of the company (I call these documents business prenuptial agreements, which hopefully helps clients understand that going into business with someone is quite a bit like marrying them!)

I also work with the client to search both state and federal trademark and name registrations to see whether the name is available.

Each case is unique, but most start ups should take these steps to begin business on a solid legal footing. Contact us or visit our start-up center for more information.