As a leading law firm in the area of value-added agriculture, Woods, Fuller, Shultz & Smith has played a key role in the development of agricultural-based businesses in South Dakota, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and elsewhere. The legal needs of our farmers, ranchers and producers have grown dramatically as consolidation, emerging markets, technology and energy policy have created new value-added opportunities. We have grown to meet those needs, representing several dozen business enterprises.
Our agribusiness clients include cooperatives, joint ventures, partnerships and limited liability companies involved in ethanol production and marketing, livestock production and processing, soybean processing, soy foods, dairies, egg production and biodiesel production.
The services provided by our firm include business structure and organization, debt and equity financing, public and private securities offerings, technology licensing, commercial transactions, lender financing, government incentives and regulation, environmental matters, land use planning, real estate acquisitions, construction and operations management.
Woods, Fuller provides legal advice and consultation to business corporations ranging from small closely-held corporations to large publicly-held corporations. For the small businessperson or entrepreneur just starting out, we provide a full-range of start-up assistance, including choosing the best form of business organization to meet individual requirements, compliance with all applicable registration and licensing requirements, and preparing initial corporate documents.
Beyond these basic requirements of all business corporations, many clients seek advice addressing more sophisticated aspects of their emerging business, including organization and capital structure, equity and debt financing, venture capital, employment matters, asset acquisitions and sales, trademarks and patents.
Our lawyers are experienced in numerous aspects of agricultural law, including the formation and advising of agricultural cooperatives. Cooperatives are a popular and effective tool in starting, financing, and operating the value-added agricultural ventures which are vital to the economies of South Dakota and surrounding states. Woods Fuller has formed and continues to advise numerous cooperatives, including ethanol-based cooperatives, poultry cooperatives, and similar entities.
We represent both franchisors and franchisees in a variety of retail and service industries, including restaurants, auto dealers, and employment agencies. Our attorneys assist businesses in structuring and registering a franchise, and providing the appropriate disclosures to potential franchisees. We also assist clients interested in purchasing a franchise by analyzing and negotiating the franchise agreement. Finally, our attorneys are experienced in franchise litigation and dispute resolution issues, including intellectual property disputes.
Choosing the right form of legal entity is crucial to the success of a business and the protection of family and personal assets. We have a long history of providing clients with sound, practical advice about organizing their businesses. Legislative and tax developments over the past ten years have led to an increasing popularity of limited liability companies and limited liability partnerships, providing the benefits of “pass-through” tax treatment, limited liability to owners, and tremendous organizational flexibility. However, these types of business entities are still “emerging” and the related legal requirements and implications change rapidly and vary greatly from state to state.
Our attorneys work extensively in this growing area of the law and stay abreast of new legal trends and planning considerations. In addition, we have gained practical experience with a wide variety of limited liability company and partnership structures. As a result, we can advise how to best maximize the flexibility of a limited liability company or limited liability partnership and help organize a company to meet the unique needs of a particular business.
Woods Fuller is proficient in forming and advising many types of nonprofit organizations, including foundations, churches, trade organizations, and nonprofit corporations. We offer experienced insight into the special tax and other regulations applicable to nonprofit organizations. We are also equipped to advise nonprofit organizations on the variety of other issues that both for-profit and nonprofit organizations encounter, such as employment, real estate, environmental, and other issues.
Partnerships are an old but still widely used and effective means of pursuing for-profit business opportunities. Partnerships can take several different forms under current laws, such as general partnerships, limited partnerships, and limited liability partnerships, and can offer individuals important flexibility in ordering their business pursuits. Woods Fuller is experienced in preparing complex partnership agreements which take advantage of available tax benefits and other legal protections.
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