|
Business Transactions and Strategies |
We counsel new and existing businesses. We analyze issues and risks facing businesses. We help resolve business disputes and litigate when resolution efforts do not succeed. We assist all types of businesses across a wide variety of industries in Hawai'i.
Forming and Governing the Company
- Entity Formation
- Evaluate entity choices - LLCs, corporation, partnerships, joint ventures, and nonprofit organizations
- Evaluate state of organization - formation in Hawai'i or registration of foreign business in Hawai'i
- Prepare and modify formation and governance documents – articles of formation, bylaws, operating agreements, partnership agreements, shareholder agreements
- Prepare and file applications, licenses and permits with governmental authorities
- Establishing Operations in Hawai'i
- Corporate Governance
- Fiduciary and ethical obligations of Officers, Directors, Shareholders and Members of LLCs, Managing Directors of partnerships and others
- Legal Obligations – compliance with formation documents
- Policies and Procedures – Whistleblower, Conflicts of Interest, etc.
- Board development and training and oversight responsibilities
- Ownership Rights
- Rights and obligations of incoming and departing shareholders, partners, LLC members
- Rights of creditors of shareholders, partners, LLC members
- Ownership and control of business assets
- Exit Strategies
Back to Top
Running the Business
- Strategic planning and business counseling
- Commercial Contracts
- Operations
- Regulatory Compliance
Back to Top
Growing the Business
- Strategic planning and business counseling
- Mergers and Acquisitions
- Due diligence investigation of target business
- Negotiate and prepare merger and acquisition documents
- Assistance with required consents for transfer
- Downsizing
- Asset Purchases
- Due diligence investigation of target business or assets
- Negotiate and prepare purchase and sale documents
- Assistance with required consents for transfer
Back to Top
Financing the Business
- Lender Issues and Regulatory Compliance
- Truth in Lending, Fair Debt Collection Practices, Equal Credit Opportunity, usury and other lending related laws and regulations
- Depositor's rights
- Lender Liability issues
- Negotiable instruments
- Avoidance of fraudulent transfers/conveyances, claims under uniform Fraudulent Transfer Act (UFTA)
- Collections, Foreclosures, Bankruptcy
- Creditors' rights
- Lien priority and unsecured claims
- Security interests in real and personal property
- Corporate workouts and debt restructuring for single or multiple asses problem loans, due diligence and legal risk analysis
- Acquisition of distressed properties and businesses
- Business restructuring and turnaround counseling
- Bankruptcy counseling
- Financing Transactions
- Financing transaction documentation and negotiation
- Commercial Loan Agreements
- Real Property
Back to Top
Special Business Interests
- Local Business Advice and Counseling
- Introductions to local resources
- Coalition building with key community, corporate and government leaders
- Assistance navigating a highly regulated business environment and unique cultural environment
- Experience with the state's target growth industries, such as alternate energy, technology and communications (broadband), agriculture (sustainable food production), healthcare and tourism, as well as ancillary services such as distributors and suppliers
Nonprofit and Tax-exempt Organizations
Back to Top
AHFI attorneys who practice in this area include:
|