Corporate & Business Law

About Our Firm

Tuscaloosa Business Lawyer​

Your business is your livelihood. Sometimes, it was passed down from generations before, and it can be your legacy. Let an experienced business lawyer at Malone & Nelson's help your hometown business. 

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Our corporate attorneys are highly skilled and experienced in counseling business clients on transactional issues, corporate governance, and executive compensation. We represent businesses, ranging from small retail shops to larger banking clients, on issues including:​

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  • Formation and structure of Alabama corporations (e.g. LLCs, sole proprietorships and partnerships)

  • Mergers and acquisitions and related regulatory and tax considerations

  • Commercial real estate sales, acquisition, development and leasing

  • Corporate issues such as financing, general business planning, recordkeeping, shareholder issues and corporate governance

Attorneys

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Frequently Asked Questions (FAQs)

Can an LLC own property?

Yes, an LLC can purchase property in its name.



Where do I file an LLC?

In the probate court in the county where the LLC was formed, and with the secretary of state.



Which is better, an LLC or a corporation?

It depends on the situation and the business being created.



How is an LLC taxed?

It can pay income tax like a partnership or a corporation.



How do I pay myself if I am a member of an LLC?

There are various ways that a member of an LLC can receive distributions from an LLC.



What is an LLC?

LLC stands for a Limited Liability Company, and it is a legal form of a company that provides limited liability to its owners.



What is a sole proprietorship?

A business owned by one individual.



Can a sole proprietorship have employees?

Yes, they can.



How do I form an LLC?

First, you have to reserve a name with the secretary of state. Then, you will need to create a certificate of formation and file it with the Probate Court and Secretary of State.



Will an LLC protect me from a lawsuit?

It can shield you from some liability; however, there are certain situations in which the LLC’s owners or members could still be liable.



Will an LLC protect my assets?

It will not protect the assets in the LLC; however, it can protect your personal assets from debts or liabilities of the LLC.



Does a sole proprietorship need a business license?

Yes, typically they will need a business license if they are doing business in a municipality or other taxing jurisdiction.



Can a sole proprietorship change to a partnership?

Yes, it can.



Where do I register a sole proprietorship?

Sole proprietorships aren’t registered like corporations or LLCs, but they may own intellectual property like trademarks, service marks, copyrights, or patents for which a filing my give greater protection.



How are sole proprietorships taxed?

It does not generally pay income tax separate from the owner.



How is a sole proprietorship governed?

By the owner.



How do I form an S corporation?

By filing a Certificate of Formation with the Probate Court and Secretary of State.



Where do I file an S corporation?

In the Probate Court in the county where the Corporation was formed, and with the Secretary of State.



How is an S corporation taxed?

It generally does not pay income taxes separate and apart from its shareholders.



What is a C corporation?

It is a traditional Corporation with shareholders.



How do I form a C corporation?

By filing a Certificate of Formation with the Probate Court and Secretary of State.



Where do I file a C corporation?

In the Probate Court in the county where the Corporation was formed, and with the Secretary of State.



How is a C corporation taxed?

It generally pays income taxes separately from its shareholders.



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