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Business and Banking

Business Formation

Burns, Day & Presnell, P.A. has many long-term business clients. These relationships have been built on mutual trust, business expertise, and cost-effective legal services and often begin at the inception of a new business or the creation of an additional business for an existing client.

Our lawyers help businesses at the formation stage:

• Determine the type of entity to use when creating a new business or an additional business
• Analyze the advantages and disadvantages of corporations (including S corporations), partnerships, and limited liability companies.
• Document agreements among business owners, including appropriate shareholder and operating agreements.
• Provide practical advice for growing businesses, including questions concerning corporate governance, employment and contracts, personnel issues, franchise and licensing agreements, financing agreements, real estate issues, succession planning, acquisitions and sales, and other business needs.

Mergers & Acquisitions

Burns, Day & Presnell, P.A. has more than 30 years’ experience in advising business clients and negotiating and drafting documents in connection with the sale or purchase of a business. Careful attention to detail and practical business experience are essential as our business attorneys help clients grow or sell their businesses and investments. The quality of our work product is important regardless of the size of the transaction or issue. Even the smallest transactions need to be handled well.

Our lawyers help businesses in a merger or acquisition transaction:

• Analyze the advantages and disadvantages of the structure of the transaction, including mergers, asset purchases and sales, and equity purchases and sales.
• Conduct due diligence with respect to a potential counterparty's existing agreements.
• Document agreements between the purchaser and seller or the two merging entities.

Commercial Loan Transactions

Burns, Day & Presnell, P.A. has many long-term business and banking clients and has a long experience representing both borrowers and lenders in lending transactions.

Our lawyers help borrowers and lenders:

• Structure, negotiate, and document loan transactions, including secured and unsecured single bank and syndicated credit agreements, asset-based lending transactions, and leveraged acquisition financings.
• See Real Estate Financing Practice Area for a description of the practice involving: builder line loans, acquisition and development loans, and other loan transactions involving real estate.