ENTITY SELECTION :
Choosing the right entity for your business has major implications when it comes to management, taxes, and more. Whether you’re looking to raise venture capital investment through a C-Corporation, keep it simple and flexible with an LLC, or take advantage of S-Corp tax savings, Troxel Fitch can help you choose the entity type that is appropriate for your business and goals.
CORPORATE OPERATING DOCUMENTS:
Regardless of the entity type selected, obtaining the limited liability protection of the “corporate veil” requires that you observe corporate formalities and maintain corporate records. Whether you need corporate bylaws, an Operating Agreement, organizational consents, or corporate minutes, Troxel Fitch can help you get your documents in order to ensure you are protected from personal liability.
BUY/SELL AGREEMENTS:
Running a business with co-founders and partners can get complicated when unforeseen contingencies arise. Even the best of friends can make terrible business partners. Hope for the best, but plan for the unexpected with a buy-sell agreement that governs the operation of the business when the leadership team experiences changes.
PURCHASE & SALE AGREEMENTS:
Selling goods? Everybody likes a firm handshake, but a good contract is better. Protect yourself from risk and ensure you get paid with purchase and sale agreements that clearly outline the deal you’ve struck, as well as give you teeth to enforce it.
SERVICE AGREEMENTS:
Whether you’re designing an enterprise software solution, or mowing lawns, it's essential to be clear on what exactly is being done, how much it costs, and when it will be finished. A well-drafted Service Agreement keeps the parties on the same page, so there’s no confusion when it comes time to pay.
TRADEMARK APPLICATIONS :
You worked hard to develop the goodwill behind your brand, now protect it with a trademark. A trademark through the United States Patent and Trademark Office provides you with protection for your logo across the United States, and enables you to stop competitors from using your brand, or license it to them for a fee. Troxel Fitch can assist you with the application process to ensure you capture the revenue behind that goodwill.
COPYRIGHTS :
Your brain-product is yours to sell, and with a copyright you can ensure that. Protect your original works of authorship and creation with a copyright, which protects you against infringing activities, as well as provides you with the opportunity to monetize your copyright through licensing opportunities.
LICENSING AGREEMENTS :
Keep research and development costs low, or monetize your own intellectual property with licensing agreements. Whether you’re looking to negotiate the rights to use a third-party’s IP instead of developing it yourself, or looking to cash in on your unique IP by selling rights to others, a licensing agreement is the vehicle through which you can accomplish these objectives.
INVENTIONS ASSIGNMENT AGREEMENT :
Disputes over ownership of intellectual property are some of the major stumbling blocks over which startups trip. An Inventions Assignment Agreement helps ensure the crown jewels are in the company’s safe, and not in your co-founder’s pockets. Clear IP ownership is critical to obtaining outside investment, and should be sorted out early in your company’s existence. Troxel Fitch is here to help.
EQUITY INVESTMENT :
You don’t need a Shark Tank to sell equity in your company, but you do need an investor, and an exemption. The SEC regulates the issuances of securities, and requires an intensive registration process unless you qualify for an exemption from such registration. Furthermore, the penalties for missteps here can be severe. Get it right with help making a private placement under Regulation D, and maintain your peace of mind as you fundraise.
DEBT INVESTMENT :
If you’re running a business, chances are that you understand debt. However, when it comes to commercial debt the loan agreements are highly negotiable. There’s much more to it than principal and interest rate. Protect yourself from unforeseen risk and reap the benefits of a loan transaction that is custom-tailored to your business and risk profile.
CONVERTIBLE NOTES :
When it comes to outside investment in your company, the magic word is valuation. But what if the value of your company is not easily ascertainable, or you and your investor disagree? Overcome the obstacle of valuation with a Convertible Note, which allows you to accept capital as a loan, and re-visit the topic of equity investment when you’ve got more data on which to base your valuation. Entrepreneurship is all about creativity, and a convertible note may be the perfect creative solution for your fundraising woes.
MERGERS:
If you can’t beat em’…join em’! Mergers are a fantastic way to build synergy between two complementary businesses, but there’s a multitude of complications that arise when you combine two or more operating businesses. Let Troxel Fitch help you get it right, so we can do the worrying, and you can focus on the reasons you wanted to merge in the first place.
ACQUISITIONS:
What if you like certain aspects of a competitor’s business, but not all of it? That’s where acquisitions come in handy. Whether you’re looking to purchase a certain IP, or the manufacturing division of a competitor who makes your crucial part, strategic acquisitions can save you time and headache as you buy what you need instead of building it yourself. Tread carefully though, things aren’t always as they appear. Troxel Fitch can help ensure you make good decisions and get what you pay for.
COMMERCIAL PURCHASE AND SALE :
The power of commercial real estate in an asset portfolio is well-known, but sometimes the risks inherent in such transactions are not. Many transactions involve holding companies, operating companies, complex capital stacks, and differing default and control provisions. With so much to consider and verify, going at it alone would be reckless. Troxel Fitch is here to help guide and protect you throughout the process as buyer’s or seller’s counsel.
COMMERCIAL LEASING :
Did you know that commercial leases are highly negotiable? Unlike residential leases, commercial leases contemplate a multitude of contingencies and responsibilities, and can be negotiated to fit the idiosyncrasies of your unique business. Troxel Fitch can help you take advantage of this customization and lease commercial space on your terms in a way that propels your business on to success.
RESIDENTIAL PURCHASE AND SALE :
Whether you’re working with an agent or doing a for-sale-by-owner, Real Estate transactions involve a plethora of contracts, service providers, and disclaimers. Keeping track of all of it can make your head spin, but failing to do so can be even worse on your wallet. Add the experience and expertise of Troxel Fitch to your home-buying toolbelt and rest assured that your new home is in good hands.
RESIDENTIAL LEASING :
It’s no secret that Colorado real estate is in high-demand, and we continue to see an increase in renters moving into our state. Whether you’re an owner looking to profit and protect yourself as a landlord, or a tenant looking to make sure you’re not living under a slumlord, Troxel Fitch can provide a detailed overview of the risks you face and the protections available to you.