For those hoping to realize their dream of starting a craft brewery, the number of tasks can be overwhelming and it may be difficult to know where to begin. Building the right team to help achieve each objective can smooth the path considerably. One of the first members of that team should be an attorney knowledgeable in the industry. The information below is not a comprehensive list of everything a brewery needs to do, but is intended to provide a rough estimation of the time and expense required for the major events that may require an attorney, as well as identifying opportunities to save expense by doing some tasks in-house. These items are listed in a sequential order that may be useful, but is certainly not a requirement.
Form Corporate Entity
In most cases, a limited liability company (LLC) is the best structure for a startup brewery, though it is wise to first consult a CPA or tax professional familiar with breweries. Secretary of State offices often have simple online forms for the Articles of Organization of an LLC that do not require the services of an attorney. However, some States, such as California, New York, and Delaware, require an LLC to have a signed operating agreement. As explained below, the operating agreement should be drafted by an attorney and in some cases the attorney may offer a package that includes creation of the operating agreement along with creating and filing the articles of organization. Though it varies state-to-state, the filing fees for Articles of Organization are typically $100-200 and it generally takes 2-3 weeks for the application to be accepted by the state, though it can sometimes be expedited for an additional fee.
In most cases, a limited liability company (LLC) is the best structure for a startup brewery, though it is wise to first consult a CPA or tax professional familiar with breweries. Secretary of State offices often have simple online forms for the Articles of Organization of an LLC that do not require the services of an attorney. However, some States, such as California, New York, and Delaware, require an LLC to have a signed operating agreement. As explained below, the operating agreement should be drafted by an attorney and in some cases the attorney may offer a package that includes creation of the operating agreement along with creating and filing the articles of organization. Though it varies state-to-state, the filing fees for Articles of Organization are typically $100-200 and it generally takes 2-3 weeks for the application to be accepted by the state, though it can sometimes be expedited for an additional fee.
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