Dana Shultz retired from the practice of law in 2020. As a lawyer, Dana dispensed as much business advice as legal advice. Accordingly, although he no longer is practicing law, Dana occasionally provides business consulting services to owners of small businesses and mentoring services to business lawyers.
If you need legal representation, Dana provides referrals to experienced business lawyers.
The remainder of this page is being retained online for archival purposes.
This description of Dana Shultz’s legal services is an Advertisement under Rule of Professional Conduct 1-400, Standard 5 (now subject to Chapter 7 of the Rules of Professional Conduct that took effect on November 1, 2018).
Brief summary: I help clients to
- form their businesses,
- do their deals, and
- keep out of trouble.
Dana Shultz provides the essential legal services that startup and early-stage companies in the San Francisco (California) Bay Area typically need. You may read many Client Testimonials about Dana’s services.
The following are representative. Please contact Dana if you have a requirement that is not listed here.
Forming and Operating a Business
- Choosing most suitable legal entity: limited liability company (LLC), S or C corporation, etc.
- Forming that entity in California, Delaware or any other state
- Completing all paperwork required for compliance with applicable laws
- Establishing and terminating relationships with employees and independent contractors
- Preparing and negotiating documents for financing transactions and acquisitions
- Preparing and negotiating contracts for transactions with customers, suppliers and other businesses
Identifying and Protecting Intellectual Property
- Counseling on various types of intellectual property (patent, copyright, trademark, trade secret)
- Preparing and negotiating license agreements
- Protecting and recovering domain names
- Preparing website terms of service and counseling on Digital Millennium Copyright Act (DMCA) compliance
- Preparing and negotiating nondisclosure agreements
Helping Foreign Companies Come to the U.S.
- Selecting and forming the right legal entity
- Obtaining an Employer Identification Number
- Adapting foreign commercial contracts for use in the U.S.
- Referring foreign clients to trusted providers of other required services
Photo credit: Wikipedia
5/29/2012 | 6:34 am Permalink
I would like to find out some information about obtaining an EIN from the IRS to open a Business bank account in the US. We are an IT support company in the Ukraine and the purpose is to facilitate easier payment by our clients to us.
Looking forward to your reply.
5/29/2012 | 9:15 am Permalink
Foreign Company Alert: Obtaining an EIN may be your Biggest Challenge in the U.S. sets forth the procedure for obtaining an EIN.
9/9/2012 | 9:20 am Permalink
Hello, We have registered one company in united states , Delaware and we have received EIN from IRS , Me and and my partner is Indian . As we do not have a Social Security no. how can we open a bank account in USA and in which bank with out going physically to bank .
9/10/2012 | 11:02 am Permalink
Given that you are not in the US, you need to have someone here appointed as an officer with authority to open a bank account on the corporation’s behalf. (I do not provide that service.)
9/11/2012 | 4:50 pm Permalink
I have an LLC started in 2007. I pay the biennial fee when I get the bill from the State. I never knew about the $800 annual tax that needs to be paid every year. The LLC had no income until 2010. The income is ~$3K in 2010 and $11K in 2011. Should I just go ahead and cancel the LLC? How do I deal with the taxes from previous years?
9/11/2012 | 5:18 pm Permalink
Whether to dissolve the LLC is a business, rather than legal, decision. There is not a lot I can do to help you with that decision.
If you dissolve the LLC, you need to make arrangements to pay all taxes. As a result, many people whose LLCs don’t make enough money to pay applicable taxes just wait a few years, at which time the State suspends the LLC. Not an especially honorable or attractive solution, but it is inexpensive and easy (if one does not feel guilty about violating applicable laws).
1/2/2013 | 9:24 am Permalink
I am on F2 and planning to buy a coffee shop franchise. Can I start a C or S Corp with a US citizen partner and become a shareholder. But, then how can I receive my profits? Is there a way.
1/2/2013 | 10:05 pm Permalink
There is no problem being a C corporation shareholder (S corporations are limited to citizens and green card holders). Shareholders can receive a portion of the corporation’s profits by means of dividends declared by the board of directors.
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[…] Dana Shultz is a business-savvy lawyer located in Northern California’s San Francisco Bay Area (in the East Bay, near Oakland) who has in-depth knowledge of law, business, technology, and the needs of startup and early-stage companies. Phone: 510-547-0545 Email: [email protected] Dana Schultz’?blog For more information about Dana and his services, please go to the?About Dana Shultz?page and the?Services?page. […]