Registration
We will file the articles of incorporation for your corporation, and the articles of organization for your limited liability company, and have the ability to guide you through the establishment of partnership and shareholder agreements to create the structure for your cannabis business. Identifying and articulating the specific ownership structure, composition of corporate boards, membership groups, as well as the specific roles and responsibilities of the officers of a business, we assist in establishing the foundation for your business.
It is imperative to limit the personal liability of cannabis business owners and operators, and establishment of legal entities to hold and operate cannabis business assets is an integral component of this principle. As part of our representation and advancement of cannabis business projects across a multitude of jurisdictions, we’ve established legal entities for many clients venturing into the cannabis business space, for the expansion of production and distribution operations, as well as for the expansion of our client’s cannabis retail market share into new jurisdictions.
Statements of Information
Whether simply maintaining the annual obligations to confirm the individuals participating in corporate matters annually or confirming changes to the ownership or management structure for your business, we maintain and coordinate business administration as your business priorities demand.
Proper compliance with state regulations requires regular filings of Statements of Information, ensuring the public record accurately reflects current ownership, management, and organizational structures. We proactively manage these obligations, ensuring your cannabis business remains compliant, transparent, and in good standing with all relevant government bodies.
Bylaws, Resolutions, and Corporate Recordkeeping
The establishment and evolution of your business structure should be accurately documented in conformity with the agreements of founders, shareholders, investors, as well as with the government codes dictating how corporate administration may be legally affected.
The bylaws of a corporation and operating agreements of limited liability serve as the foundation for business formation, as well as the individual rights and responsibilities of those participating in your business. In order to form strong foundations, you need sound documentation. We support our clients in the establishment of their businesses not only in permitting and licensing matters, but in establishing the business structures themselves. Drafting necessary waivers of notice, bylaws, resolutions of corporate boards and company membership groups, as well as overseeing the execution and documentation of these formative materials for posterity are all part of the broad scope of services we provide.
Detailed documentation of board meetings, resolutions passed, shareholder decisions, and officer appointments is critical for long-term corporate compliance and operational integrity. These records not only serve internal governance purposes but are also frequently required by regulators and investors to demonstrate organizational diligence. We ensure meticulous recordkeeping practices that preserve the legitimacy and stability of your cannabis business over time.
Business Investments, Assignment, and Sale of Share and Membership Interests
Ownership shares in cannabis businesses often change hands as new investors and entrepreneurs become involved in existing cannabis business ventures. As opportunities to secure business investments and partnerships arise, we support both existing and new clients in ensuring these transactions are conducted appropriately, with a mind toward fairness and accurate documentation of interests and finances being exchanged and allocated. From drafting purchase and sale agreements, corporate assignments, and board resolutions approving such transactions, to documenting resignations and appointments of board members and corporate officers, we have the knowledge and experience to ensure you don’t miss an opportunity to participate beneficially in the success of developing cannabis businesses.
Additionally, the broad view we have toward both transactional priorities as well as compliance allows us to help our clients navigate both business terms, as well as the regulatory parameters to which such transactions must conform. Invariably new members must be approved both by the State as well as the local government body regulating cannabis businesses, with unauthorized transfers carrying serious liability to the integrity of maintaining permits and licensure. We have advanced and protected numerous transactions in multiple jurisdictions, from negotiations through closing, often facing challenges from business competitors challenging their validity. This requires specific knowledge, expertise, and competence in minding each element that may affect such transactions.
New business owners must also be approved for participation by both State and local government which requires navigating individual background applications, disclosures, investigations, and statements of rehabilitation. We take a hands-on approach, securing historic background documentation, identifying and illustrating favorable individual and business profiles, as well as meeting with local leadership and law enforcement to put a ‘best foot forward’ on behalf of our clients. We carry the philosophy that your success results, in part, from our stewardship and guidance through these processes.
The various types of cannabis businesses we’ve assisted with investment and exchange of ownership interests include cultivation, retail, distribution, and manufacturing. The business structures themselves have also evolved, with some clients transitioning from mutual benefit non-profits to closed share corporations operating as legitimate, for-profit commercial ventures as they secured their positions within newfound regulatory programs.
These transactions have also taken place across a number of different local jurisdictions, each with their own unique set of ownership applications, approval standards, and varying levels of scrutiny. From multiple cultivation facility and permit transactions in Calaveras County, to assignments of development agreements in Stanislaus and San Joaquin County, to transfers of ownership and sales of permits in the Cities of Stockton, Modesto, Turlock, Fresno, Atwater, Waterford, Antioch, Hayward, and San Leandro, just to name a few, we have the experience it takes to get the job done.
Our comprehensive experience across multiple jurisdictions enables us to anticipate challenges, streamline processes, and minimize disruptions to facilitate a smoother, quicker process of approval. We regularly assist clients with complex transfers involving multiple regulatory agencies and requirements, ensuring both parties meet their objectives securely and effectively.
If you’re interested in investing into a cannabis business, or acquiring or selling an existing cannabis business, we can help you establish your share and advance your interest as the cannabis industry and its various local landscapes and economic circumstances evolve. The establishment of new investment and resources for the cannabis industry at large has been crucial not only to industrial development, generally, but also for the survival of projects we have represented.
Whether you’re a seasoned cannabis entrepreneur or exploring your first venture into the industry, our dedicated legal support provides strategic advantages crucial for navigating regulatory complexities. We guide our clients comprehensively, aligning legal and business strategies to optimize long-term growth and minimize risks.
Call us today to learn more about your opportunity in the regulated cannabis business space.