Michigan Business Lawyers
If you’re a business owner, you may have come across circumstances that require the attention of a skilled and experienced business lawyer. Business law in Michigan is governed by a combination of Michigan statute, other state and local regulation, and a variety of important cases that have been litigated through the Michigan court system. As with business law generally, state law governs a majority of legal issues that businesses face as they relate to Michigan entities. That’s why we recommend you consult with a lawyer before forming any kind of business. We offer free consultations at 419-469-5002.
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This is an ATTORNEY ADVERTISEMENT. Sawan PLLC is a law firm with attorneys licensed in Michigan, Ohio and Florida. The information contained on this website is provided for general purposes only and does not apply to your specific factual circumstances in all cases. For us to better understand the particular facts unique to your case, call 419-469-5002 for a free consultation. No attorney-client relationship is created by your use of this website. Sawan PLLC, designated a debt relief agency by an Act of Congress and the President of the United States, proudly assists consumers seeking relief under the U.S. Bankruptcy Code.
Business Law in Michigan
Business Types in Michigan
Michigan law more generally recognizes sole proprietorships, partnerships, corporations, and limited liability companies. If liability protection is sought after by the business, it is very important to comply with Michigan law when incorporating the entity. Liability protection itself essentially is derived from Michigan statute with respect to Limited Liability Companies and this area of the law is very nuanced.
Sole Proprietorships in Michigan
If you own your own business but you do not necessarily have a formal business entity formed, you are probably a sole proprietorship. A sole proprietorship is a business owned by an individual with no entity structure in place but that still operates as a business. If you’ve never filed in the State of Michigan to form a business entity but you still engage in business as an individual, you are most likely a Michigan sole proprietor.
General Partnerships in Michigan
While sole proprietors operate business individually, partnerships are businesses that are not necessarily formally incorporated with the state but that have multiple owners. There may be filings related to the partnership without a formal entity filed as well. Partners generally are assumed to share in profits, losses and management unless a partnership agreement changes this arrangement.
Corporations in Michigan
What many consider the most formal business entity in Michgian is the corporation. Corporations are formed with the State and involve a variety of legal filings. They are seperate and distinct from their shareholders and a variety of Michigan state laws govern the formation, operation, and dissolution of Michigan corporate entities.
Limited Liability Companies in Michigan
Limited Liability Companies are recognized in Michigan and State statute provides a significant amount of the body of law governing the entities. The Michigan Limited Liability Company Act was enacted in order to “provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies.”
Business Regulations in Michigan
New business formed in Michigan fall under the purview of the Corporations Division of the Michigan Department of Licensing and Regulatory Affairs (LARA). For most major types of business related filings, LARA has provided the forms for download on their website. For forms pertaining to Limited Liability Companies in Michigan, the forms can be found here. For Limited Liability Partnerships in Michigan, the forms can be found here. For Corporations in Michigan, the forms can be found here.
Business Litigation in Michigan
Unfortunately, sometimes operating a business results in disputes between individuals or other organizations. When this happens, it can be important to have experienced trial counsel by your side to advise you on your legal options. Often times, there is no other option but to vindicate the rights and interests of your business through the Michigan court system. The initial level of the court system in Michigan involves local courts. The most common court in Michigan (and where most civil lawsuits that exceed $25,000 are filed) are the Michigan Circuit Courts. If the amount in controversy is less than $25,000, the case will likely be filed in Michigan District Court. For cases involving amounts of $6,000 or less, they may be heard in a division of the Michigan District Court specifically for smaller claims. The find out more about the specific courts in your area, see this map of the courts in Michigan by county provided by the Michigan government.
Resources for Small Businesses in Michigan
Navigating the various rules, regulations and strategies when forming a new business in Michigan can be overwhelming. That’s why we try to provide as many helpful resources and links as we can to new business owners. Here’s a list of resources that might help you learn more about business law in Michigan:
Are Fraud Judgments Dischargeable in Bankruptcy? Money or services that were obtained by fraud, false pretenses, or false representations may not be dischargeable. 11 USC
Trident Associates and Bad Faith Dismissals of Chapter 11 Petitions in the Sixth Circuit Trident Associates Limited Partnership (“Trident”) is a limited partnership in Michigan.