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

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Running the Business

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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

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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

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Special Business Interests

AHFI attorneys who practice in this area include: