Coffee Cup at Diner

From entity formation to employment, shareholder, IP, tax, and real estate considerations, our business attorneys can help you get your business off to the right start!

Business Representation > New Business Formation

New Business Formation Lawyer & Startup Attorney in Montana

Starting a new business can be both exhilarating and challenging.  Fortunately, you don’t have to “go it alone” in getting your new business off to the right start.

As experienced Montana business formation lawyers and start-up attorneys, we have provided counsel to the owners of countless new businesses and to existing businesses relocating to Montana.  Not only will we provide answers to your new business start-up questions, we can also discuss with you a number of important matters that should be carefully considered at the outset of your business so that these matters can be addressed before problems arise.


We Help New Businesses Succeed, Grow and Thrive.


You Have New Business Formation Questions – We Have Answers

If you’re starting a business, you likely will have many questions about business formation and legal matters, such as:

  • Entity Choice. Should I form a corporation, LLC, or other entity, or should I conduct my business as a sole proprietorship? How can I best protect myself from personal liability for business matters?
  • How will my business be taxed, and what are the advantages and disadvantages of a Subchapter S tax election? What tax returns will need to be filed?
  • Employment Agreements and Policies. What employment and corporate agreements do I need? What company policies would be beneficial?
  • State and Federal Filings and Licenses. What state and federal filings are required for my business?  What licenses will be needed to conduct operations?
  • Shareholder, Equity, and Investor Matters. How do I issue stock or bring in equity owners? What happens if there are partner disagreements, a partner dies or gets divorced, or a partner wants to sell their interests in the business?  If I don’t have partners, how can I make sure that my business “stays in the family?”
  • Employment Matters. How do I get started with hiring employees, and what do I need to do under state and federal employment laws?
  • Insurance and Risk Mitigation. What insurance is required (and what insurance should be considered, even if not required)?  What actions can I take to minimize being sued by an employee or customer?
  • Intellectual Property Protection. How do I protect my logo, branding, and other valuable intellectual property (including propriety processes and customer lists)?
  • Real Estate. What types of lease terms and tenant improvement terms are standard?  Can better terms be negotiated?  Should I agree to give a personal guaranty if this is requested by a landlord?

As experienced Montana new business lawyers and formation attorneys for business start-up, we can help you answer these and other questions associated with your new business so that you can get your business off to the right start.

We Understand the Challenges Facing New Business Owners

At BKBH, our business attorneys bring decades of experience to helping entrepreneurs address start-up, operational, transactional, employment, and litigation needs.  We know that in many cases, new business owners are unfamiliar with critical legal matters that should be considered.

We’ll ask you the right questions about your business so that we can provide you with specific advice and counsel based upon your situation and the needs and goals of your new business.

Do I Really Need a New Business Attorney or Business Formation Lawyer to Start a Company?  How Proactive Legal Counsel is Highly Beneficial.

While we fully appreciate that financial bootstrapping is a necessity for many new business owners, start-up legal representation is not an area that should be overlooked.  Unfortunately, when legal advice is not sought at the outset, many entrepreneurs find themselves spending time and money on matters that could have been avoided or minimized, including:

  • Disputes or other partner matters. When a new business is started, in most instances the partners do not contemplate potential matters such as partner disputes, or what should happen in the event of the death or divorce of a partner.  Considering and providing resolution mechanisms through legal agreements at the outset can avoid tremendous legal fees and business disruption if these matters arise, as well as potentially uncomfortable situations (such as the former spouse of a partner becoming an equity owner in your business).
  • Lease and contract disputes. An experienced business attorney can help define contract terms and minimize ambiguities so that the duties of each contracting party will be clear.
  • Employment disputes and lawsuits. Just as most new business owners do not contemplate disputes with partners, they also do not contemplate that they will be sued by an employee.  We help new business owners consider matters to protect their businesses through drafting employment policies, offer letters, and obtaining insurance to protect their interests.  We can also provide counsel in the event that an employee may need to be terminated.
  • Intellectual property protection. Often the intellectual property of a company (such as “know how”, customer lists, a trade name or trademark, and similar matters) will constitute its most valuable asset.  We help new business owners protect property rights through matters such as intellectual property registrations, confidentiality and non-disclosure agreements, and work-for-hire agreements.
  • Securities sales. Federal and state law both have stringent requirements on the sale of securities, such as shares of stock in a business.  We help businesses comply with federal and state securities laws during the business formation process.

How A BKBH Business Formation Lawyer Can Help

Once the business entity form has been chosen, we typically help new businesses through:

  • Drafting organizational documents such as Articles of Incorporation and Bylaws (for corporations), or Articles of Organization and Operating Agreements (for LLCs),
  • Drafting minutes or provisions for the appointment of directors and officers and similar matters,
  • Documenting the payments or assets contributed the company in exchange for shares or equity interests,
  • Helping businesses apply for an EIN and make a Subchapter S election (if desired), and
  • Assisting owners with specific matters related to employment, contracts, tax, shareholder agreements, and the other matters noted above (as may be needed).

Employment Start-Up Issues

Hiring new team members can be a daunting task for any employer, but this is especially true for new business owners and startups.  At BKBH, our employment attorneys leverage their decades of combined experience to review, negotiate, and draft employment agreements and documents that allow entrepreneurs to take advantage of promising talent opportunities with confidence and security.

We often help our business clients with matters such as:

  • Employment Classification (i.e., employee versus independent contractors)
  • Compensation
  • Overtime Exemptions
  • Benefits
  • Stock Option and Equity Incentive Plans
  • Confidentiality
  • Paid Time Off Policies
  • Job Duties and Responsibilities
  • Termination
  • Severance Packages
  • Dispute Remedies (including mandatory arbitration or mediation of disputes, recoverable damages, governing law, jurisdiction, etc.)
  • Limitations on Post-employment Competition and Solicitation

We also assist with other employment matters, including those involving:

  • Family and Medical Leave Act (“FMLA”)
  • Employment Policies and Procedures
  • Employee Handbooks
  • Mandatory Legal Notices
  • Unpaid Wages and Overtime Claims
  • Workplace Discrimination and Harassment Policies

Contact One of Our New Business Formation Attorneys – Get Off to the Right Start!

We invite you to call one of our new business attorneys below to get started.

Practice Contacts