Adoption 101: The Legal Fundamentals

Why You Should Have The Advice Of A Corporate Lawyer

18 October 2018

Brayden Miles

Over the life of a business, there will be many situations that call for legal advice to be given. A corporate lawyer can help your organization understand the challenges it's facing and figure out how to navigate regulations at the local, state, federal, and international levels.

Changes in Organization

Going into a merger or an acquisition is a tricky process from beginning to end. As you're negotiating a position, you'll need to have a solid understanding of what the implications of each proposal might be. Once you get to the point where paperwork is being produced, you'll also need a securities law attorney present to check that everything is in good order before you sign off on any of it.

A corporate lawyer can also provide guidance regarding efforts to take a company private or public. If you're interested in setting up a holding company, whether upstream or downstream, it's also critical to be careful to not run afoul of complex regulations. Even when transferring money or assets between firms within a larger structure, you'll want legal guidance regarding the right way to do it.

Reporting

Major companies are frequently subject to reporting requirements imposed by the SEC, and these can vary dramatically depending upon the situation a business is in. There's a huge difference, for example, between the reporting expected from a firm that's listed as a pink sheet versus one that's listed on a major exchange. A company also has to be careful about what information it releases to the public and when it releases the data. Your corporate lawyer can see that you'll be producing these reports on time.

Compliance

Each officer of your company is subject to a wide range of rules regarding their conduct, right down to what they can and can't say to the press, officers of other firms, their friends, and even their families. No one wants to be accused of committing fraud, and the easiest way to avoid possible trouble is to run any questions about compliance past a securities law attorney.

Governance

It's normal for conflicts to emerge within a business, and there can be serious questions about how those might be settled. If a shareholder revolt happens, for example, a corporate lawyer can provide advice about when meetings have to be scheduled and how voting will proceed. You can also seek guidance about the appointment of officers and the designation of their powers.

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About Me

If you've decided that you want to adopt a child, the first thing you should do is reach out to a family law attorney. While it may not seem logical to get an attorney involved from the start, it's important that you protect yourself legally from the beginning. After making the decision to adopt, I have been through the process several times. I created this site to help other adoptive parents understand what they can expect from the entire process, including the legal support you're likely to need. I hope this information helps you feel more confident in this major life decision.