If a corporation is formed for fraudulent purposes, courts will allow personal recourse against the owners. If a business fails to follow corporate formalities in areas such as record-keeping and decision-making procedures, a court may impose liability on the individuals controlling the business.

The potential for personal liability encourages businesses to observe legal requirements and to avoid damage to third parties. 

NJ Contracts 

Whether it’s a goods or services contract, employment agreement, licensing and/or distribution agreement, or any other type of contractual agreement, a contract defines and controls the relationship in business. Let us be a clear voice for you by writing, reviewing, and negotiating your business contracts. For additional information on NJ contracts, go to NJContractLawAttorney.com.

NJ Non-Compete Agreements 

Are you concerned about protecting your valuable proprietary information and the possibility that your key employees might compete directly against you? If so, let our experienced business attorneys draft a non-compete agreement for your business that can assist you in protecting your valuable proprietary and confidential business information. We can also prepare a non-competition agreement for your employees that can protect your interests. We can counsel you on the best methods of implementing a non-compete agreement with existing and new employees.  For additional information on NJ non-compete agreements, go to CovenantNotToCompeteinNJ.com

NJ Employment – Employer and Employee Relations 

As you grow and add employees, depend on us to assist you with your employment documents, including employment contracts, employee handbooks and policies and advice on hiring and firing.  For additional information, go to NJEmploymentLawyer.net.

NJ Employee Handbook and Employment Policies 

Did you know that your business could be at risk for an employee's actions? Let us review and evaluate employee handbooks and employment policies to clearly define policies regarding termination, drug use, Internet and e-mail use, vacation, sick leave, grievances, benefits, disability, sexual harassment and other important policies.  For additional information, go to NJEmploymentLawyer.net.

NJ Business succession plans and agreementstake place upon the death, disability, retirement or withdrawal of a business owner, key employee or partner. Depending on the type of business, transfers of ownership interests may not achieve a complete change of control. Careful estate and business planning can minimize problems and facilitate business owners' goals.  For additional information, go to NJEmploymentLawyer.net.

NJ Closely held businesses involve a small number of shareholders, and are common forms for family-owned corporations. Due to their low number, shareholders often assume management and direction of the company. This consolidation of responsibilities can lead to specialized legal issues.  For additional information, go to njllclawattorney.com, njpartnershiplawattorney.com, and njcorporateshareholderagreement.com. 

Directors' and officers' liability in NJ occurs when corporate representatives undertake actions that are illegal, unauthorized, or damaging to the business. While the corporate structure offers protection from liability in most instances, some actions or decisions can expose directors and officers to legal risks even if made in the course of business.

NJ Franchisee Law Representation 

We will review franchise documents, explain your obligations, and advise you throughout the process of purchasing or selling a franchise. We want to be there to guide and protect you through this complicated yet potentially rewarding investment decision.  For additional information, go to www.njfranchiselawattorney.com. 

Purchase or Sale of an Existing Franchise Business in NJ

In addition to all of the above, selling or buying a franchise has some extra steps. If you are a franchisee who is selling your business, you need to secure the consent of your franchisor and your landlord. We will incorporate the necessary franchise related clauses and important contingencies into the purchase agreement to protect you.

If you are a franchisor, in addition to the normal business acquisition issues, we make sure that all of the franchise agreements are assigned. We also ensure that all post-closing liabilities and assets of the business, including obligations to franchisees, are transferred to the new owner.

We have years of experience helping clients buy and sell franchised businesses. Our clients appreciate that we provide quality legal work and responsive service. If you plan on purchasing a business or selling a NJ franchise business, contact Fredrick P. Niemann today.

NJ Partnership, NJ shareholder and NJ LLC member agreement(s): 

A well-written and thought out agreement with an existing or prospective partner, shareholder or LLC member is one of the most essential protections you can have to ensure that verbal promises made to each other are memorialized in writing and legal remedies prevailed upon if your business associate fails to honor this commitment.  Some of the most expensive and vicious lawsuits that are fought in the NJ court system involve business disputes and claims of fraud, breach of contract, allegations of bad faith, etc.  A well written business agreement does not have to be overly expensive and can save you tens of thousands of dollars in future litigation costs.  For additional information, go to NJPartnershipLawAttorney.com, NJCorporateShareholder.com, NJLLCLawAttorney.com, NewJerseyCorporationAttorney.com.

Review of NJ Retail, Office, Industrial Lease for your Business Discovering the physical location for your enterprise is one of the most exciting steps in establishing a new business. It brings your business plan one step closer to profitability. Commercial leases are highly negotiable, from the terms and conditions to the financial payments and methods of payment. You should not sign a lease agreement before having an experienced commercial leasing attorney review the lease and negotiate a lease agreement that can save you money today and for years to come. A small mistake or oversight will cost you substantial money.  For additional information, go to NewJerseyLandlordTenantLaws.com and contact Christopher J. Hanlon, Esq.

Purchase and Sale of a NJ Business Our experienced attorneys will assist you through the entire process of buying or selling a business, from the letter of intent, due diligence, financing the purchase right through to the closing statement. We are here to protect your interests and to make your business dream a reality.   Buying or selling a business is a complicated transaction. Fredrick P. Niemann will work with you through each step. Once you have secured a buyer for your business or have found a business to purchase, our lawyers can help negotiate the legal terms. We draft your Asset Purchase Agreement or Stock Purchase Agreement. We can also draft such documents as:

·         Opinion of counsel

·         Promissory note

·         Appropriate representations and warranties

·         Escrow agreement

·         Non-disclosure agreement

·         Corporate resolutions

·         Amended Operating Agreements

·         Any exhibits to the purchase agreement

·         Letter of Intent

·         Amended corporate bylaws

·         Non-compete clauses

·         Security agreement(s)

Buying a Business in NJ

When representing a purchaser of a business, due diligence must be exercised prior to the closing. We try to obtain detailed representations and warranties from the seller. In addition, it is important to have a thorough review of all of the company's contracts and leases, employee records and benefits, customer information, supplier agreements and any other documents, as well as a lien search on the acquired assets,. We will assist with the assignment of the lease for the location and obtaining the consent of the landlord, or the review, revision and negotiation of a new lease. We can help you prevent the costly mistake of buying liabilities and risks for which you didn't bargain.

Selling a Business in NJ