James Rodrigues
How To Legally Start Your Own Business – There are many things that go into starting a successful small business. The first step comes with an extensive checklist:
Fortunately, there are many things that any entrepreneur can do with will and energy. It’s a lot of work, but a lot of it is fun.
How To Legally Start Your Own Business
But there’s one important aspect that all new businesses must go through, and it’s not always fun: compliance. In most places, you will find many legal requirements for starting a small business. This may give you more headaches than other measures, but it is important. Failure to follow proper procedures may delay or prevent business opening. So check out these basic legal requirements so you can check them off your list and get your new business off the ground.
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First, check the potential business name with the United States Patent and Trademark Office (USPTO) to see if the name has been trademarked by another business.
Registering your small business name is an easy place to start. Most small businesses register their names under the “Doing Business As” (DBA) or “Fact Business Name” (FBN) label.
This name is not the official legal name of your business, but the name by which customers will know your business. For example, you can start a coffee shop downtown with a listed DBA, but the legal business name is the owner’s full name.
If you are starting a limited liability company (LLC) or corporation, the naming process is complicated and you will need to obtain a naming right.
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DBA does not protect trademarks outside of the state in which you operate. For many small businesses, trademarking your name is an expensive and unnecessary process—businesses sharing your name in another country may not be able to compete.
If you need to trademark your business name, this includes the necessary steps to protect your intellectual property.
IP can include patents, inventions, products, copyrights, trademarks (including your name and brand), and more. If you are concerned about your business being copied or stolen, file a complaint with the USPTO.
IP domains are legally very complex, so you are advised to seek appropriate legal advice.
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Another part of registering your business entity with the federal government is the EIN. An EIN is required if you operate a sole proprietorship or LLC with no single member. When in doubt, check with the IRS (good life tip).
It’s very easy. Applications can be completed over the phone or online and include your social security number, type of business entity and date of incorporation.
The main determinant of this process is your business entity. Your business structure will determine the documents and tax structure you submit to start your business. There are 5 main business entities that a small business can register:
Corporate and non-profit structures are the most complex and require expert assistance. Check with your state secretary of state to find out which business entity is best for you. Below is a helpful outline of the Small Business Administration’s classification of large business entities.
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While EI and business entities are essential for conducting business for an individual or group, many industries require additional licenses and permits to operate legally. Although not exhaustive, below is a list of some common business locations that require permission before opening their doors:
Additional licensing is usually required by city and state governments for alcohol, marijuana, or tobacco. Local governments also use zoning and building permits. A fire department will be required even in small construction. For larger projects, you should contact the Department of Air, Water, Electricity and Gas. A small business that sells food or beverages must be properly licensed by the local health department. Most cities require registration for signs in their stores.
It is important for partnerships and multi-member LLCs to have a legal framework in place from the start.
The founding agreement defines the rights and responsibilities of each of the ownership/management members. The exact information depends on the business entity you open. For example, a corporation may require the approval of shareholders and articles of association. LLC requires an organization document; No additional documents are required by a private company. This will vary depending on the nature of your business, so check with your local government for all the correct information.
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If you are starting a franchise, create a list of offers to protect your business from investors who buy all the shares early. Animal rights must be accumulated over time, not all at once.
Be clear from the beginning of the project to separate contractors and employees. Usually, contractors provide professional day services for a short period of time. The main legal difference between the two is taxation.
Contractors are responsible for paying their taxes to the appropriate state and federal authorities at the end of the year.
Worker’s compensation should be available to all employees to protect your work from accidents. Independent contractors, on the other hand, must purchase their own insurance and not hold the business for accidents caused by on-the-job injuries. Protecting yourself with the right business insurance is important.
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Use the company handbook to outline all aspects of employee relations. They should understand the responsibilities associated with your business. Being violated by a member of your party has the same consequences as violating you.
In addition, an employee handbook helps establish company culture, land laws, job expectations, management practices, and other human resources.
A privacy policy describes what a business can do with a customer’s personal or financial information. You must explain the purpose of any data collection, where the data is stored, who has access to it, how much data is stored and where. for sale
There are currently 30 states with consumer data privacy charges similar to the California Consumer Privacy Act, an increase of 2019, and several laws have been passed. Make sure you meet your state’s requirements for customer data privacy laws.
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Violating privacy laws can result in hefty fines, which deters many small businesses. Most of us can’t afford a $5 billion fine. Make sure your website is easy to access.
In the words of the great Saul Goodman: “Get a lawyer, son!” There is no harm in seeking legal advice on any of these matters. Build legal fees into the initial budget of your business plan so you can be sure to protect your business from the start. Don’t let problems ruin your dream of starting your own business.
Check out the rest of the blog for more business tips! If you are starting a new business and need a small business POS system, call KORONA. We help you run your business efficiently
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Small Business Legal Requirements And Tips For Launch
Michael has long focused his writing on the world of marketing and small business. He has been part of the KORONA POS team since 2018 and loves helping entrepreneurs find ways to adapt and succeed. In your spare time, you can probably find yourself traveling somewhere in the Southwest.
We’ll answer your basic questions about how to choose the right POS system for your business. Get this exclusive guide for free today! Starting a new business can be exciting, but ignoring important legal requirements can land you and your new business in trouble.
So you’ve decided to start your own business – congratulations! You are embarking on a new, exciting and promising career. However, starting a business is not always easy. Every new business owner takes a long time to get off the ground. Forgetting to do any of these things can expose you to government penalties, capital loss or bankruptcy! To make sure you have all your bases covered when setting up a business, read the following sections and speak with a qualified business attorney.
The law requires all businesses to operate under a separate business structure. Often, corporations show their structure in their names: “L.L.C,” “P.L.L.C,” “L.P.” All types of businesses are represented. Your business structure affects the tax liability, profitability and performance of your business. So choosing the right structure is a very important decision.
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There are five basic business structures, each with its own characteristics. Choosing the right framework for you
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