Frequently Asked Questions About Business and Corporate Law
How do I create my own business?
Starting a business can seem like an overwhelming task. The key is to tackle it in steps. First and foremost you should seek out the expertise of a business professional. This professional should help you with each of the steps necessary to start a business which include:
- developing a business plan
- seeking financing
- creating the legal structure
- licensing, permitting, and registration
HD Law Partners has the knowledge and experience to guide you through this process. Call us today for a free consultation.
Are non-compete agreements enforceable in Florida?
Non-competition agreements are enforceable in Florida in certain industries if they are found reasonable in length and geographic scope, and reasonably necessary to protect a legitimate business interest. A non-compete provision of six months or less is generally considered reasonable in Florida. The geographic area where the employee may not compete must also be reasonable with a prohibition from working in the entire state of Florida possibly being considered overly broad, but a specific city or county possibly being considered too narrow. The burden is on the employer to show that the non-compete agreement protects a legitimate business interest. These legitimate business interests include, but are not limited to:
- Confidential business information
- Trade secrets
- Relationships with existing or prospective customers
- Specialized training
Employees should speak with an experienced employment attorney before signing a non-compete agreement.
Are oral contracts enforceable in Florida?
An oral agreement can be enforceable in Florida if all the elements of a contract are satisfied and it can be proven that in fact an oral agreement did exist.
What are the requirements for a valid contract?
The requirements of a valid contact are an offer and an acceptance of that offer in exchange for consideration which can be defined as money, services or goods that have value. However, there are various circumstances where a written or oral contract would not be valid for example if:
- One of the parties to the contract did not have the mental capacity to make the agreement;
- One of the parties to the contract is a minor as defined under Florida law;
- The goods or services in the contract are illegal or impossible in the sense they are not able to be provided.
Florida law does require that certain contracts, for example real estate contracts or any type of contracts that cannot be performed within one year, be in writing.
Experienced Florida Business and Corporate Attorneys
The Florida business and corporate law attorneys at HD Law Partners provide knowledgeable, honest, experienced, and dedicated legal representation. Contact us today for a free consultation and learn how we can assist with the legal needs of your business.