Business Law
Whether you are a home-brewer or anentrepreneur, we can walk you through the different types of business entities available to you as well as the pros and cons of each with an eye to considerations particular to the brewing industry.
Once you have decided on the type of business you would like to have, we will then help you form the chosen business. Our staff will assist you with the applicable state and federal government paperwork as well as all of the corporate formalities. From founders agreements and operating agreements to bylaws and amendments, the Craft Beer Attorney is here to keep your books and records in order. As with most businesses, sometimes adjustments need to be made. In such circumstances we can advise you as to the type and manner of best effectuating your business goals.
Interested in opening a brewery? Talking to investors? Thinking of capital raising? We are here to point you in the right direction no matter what stage your brewery is at.
S-Corporation
- Articles of Incorporation – 1 class of stock – $100 to the State of CA
Statement of Information – $25 to State of CA
CA Limited Offering Exemption Notice – based on value of stock – $25 to State of CA per $25,000 raised
- By-Laws
- Shareholder Agreement (aka Buy/Sell Agreement)
- IRS Form 2553 – S Corporation Election
- Stock Certificates
- Initial Board Meeting Corporate minutes (needed for your TTB application)
- Stock Holder List (needed for your TTB application)
- Certificate of Incumbency (needed for your ABC application)
- Federal EIN Number (if desired)
- Service as Agent for Process (if desired)
C-Corporation
- Articles of Incorporation – Multiple classes of stock – $100 to the State of CA
Statement of Information – $25 to State of CA
CA Limited Offering Exemption Notice – based on value of stock – $25 to State of CA per $25,000 raised
- By-Laws
- Shareholder Agreement (aka Buy/Sell Agreement)
- Stock Certificates
- Initial Board Meeting Corporate minutes (needed for your TTB application)
- Stock Holder List (needed for your TTB application)
- Certificate of Incumbency (needed for your ABC application)
- Federal EIN Number (if desired)
- Service as Agent for Process (if desired)
Basic LLC
- Articles of Organization – $70 to the State of CA
Statement of Information – $25 to State of CA
CA Limited Offering Exemption Notice – based on value of shares – $25 to State of CA per $25,000 raised
- Operating Agreement
- Investor Agreement (aka Buy/Sell Agreement)
- IRS Form 2553 – S Corporation Election (if desired)
- Unit/Share Certificates
- LLC Resolution re: signature authority (needed for your TTB application)
- Share/Interest Holder List (needed for your TTB application)
- LLC Resolution re: officer/managers (needed for your ABC application)
- Federal EIN Number (if desired)
- Service as Agent for Process (if desired)
Complex LLC
- Articles of Organization –$70 to the State of CA
Statement of Information – $25 to State of CA
CA Limited Offering Exemption Notice – based on value of shares/units – $25 to State of CA per $25,000 raised
- Operating Agreement/By-Laws
- Investor Agreements
- IRS Form 2553 – S Corporation Election (if desired)
- Unit/Share Certificates
- LLC Resolution re: signature authority (needed for your TTB application)
- Share/Interest Holder List (needed for your TTB application)
- LLC Resolution re: officer/managers (needed for your ABC application)
- Federal EIN Number (if desired)
- Service as Agent for Process (if desired)
Other business options:
Annual Basic Maintenance Package – $350/yearly
- Updated State filings
- Yearly Minutes
- Minor updates to shareholder/member lists/share certificates (Buy-out/Buy-ins not included)