Starting your own business can be a dream come true for many people. Not only do you get to be your boss, but you also get to call all the shots and set your schedule. However, there are many things to consider before taking the plunge into entrepreneurship, such as the legalities involved in running a business.
Studies show that many small businesses fail within the first year because they don’t take the time to understand the legalities involved in running a business. It can be a costly mistake, so it’s essential to do your research before starting your own company. In the end, you might lose everything you’ve put into your business if you’re not careful.
It will be necessary to prepare several legal tasks when starting your business. Here are a few you must consider.
Business Structure
The first thing you need to do is choose the proper business structure. This step will determine how your business gets legally organized and operated. There are four common business structures: sole proprietorship, partnership, limited liability company (LLC), and corporation. Each has advantages and disadvantages, so choosing the right one for your business is essential.
Each business structure will have different procedures and filing requirements, so choosing wisely is essential. For example, a sole proprietorship is the simplest and most common business structure but offers the least legal protection. On the other hand, a corporation is more complex and expensive to set up, but it provides limited liability protection for the owners.
The best way to choose the proper business structure is to consult an attorney or accountant who can help you weigh the pros and cons of each option.
Tax Preparations
The following legal step you need to take is to obtain the correct tax identification numbers for your business. The IRS uses these numbers to track and collect taxes from companies. The Employer Identification Number (EIN) is the most common tax identification number used by businesses with employees. You can apply for an EIN online, by mail, or by fax.
Another vital tax consideration is whether you need to charge sales tax on the products or services you sell. This will depend on the state in which you operate your business. Some states don’t require companies to charge sales tax, while others do. Check with your state’s tax authority to determine if you need to collect sales tax from your customers.
Accountants and tax preparers can help you with this process to ensure you comply with all state and federal tax laws.
Business Licenses and Permits
Another legal requirement for businesses is to obtain the proper licenses and permits. The type of business you operate will determine the rights and permits required. For example, food service businesses need a food permit, while companies selling alcohol must obtain a liquor license.
Generally, you can apply for business licenses and permits through your city or county clerk’s office. You might also need to contact your state’s department of commerce or licensing board.
It’s important to note that some licenses and permits might require you to pass an exam or meet other requirements before being approved. For example, most states require cosmetologists, massage therapists, and other professionals to pass an exam before being licensed.
Not all businesses need a license or permit to operate. However, it’s essential to check with your local authorities to determine if your business is required to have one.
Intellectual Property
If you plan on using a trademark, service mark, or logo for your business, you’ll need to register it with the USPTO. This will give you exclusive rights to use your intellectual property and prevent others from using it without your permission.
Registering a trademark can be complex, so it’s best to consult an attorney specializing in intellectual property law. It can be challenging to see if someone is already using a similar trademark, so it’s worth doing a thorough search before registering your own.
If you have any copyrighted material, such as software code, art, or music, you’ll need to register it with the US Copyright Office. This will give you exclusive rights to use your intellectual property and prevent others from using it without your permission.
Just like trademarks, registering copyrights can be complex. So, if you have copyrighted material, it’s best to consult an attorney specializing in intellectual property law.
Business Litigation
All businesses face the risk of lawsuits. Even if you take all the necessary legal precautions, there’s always a chance that someone could file a lawsuit against your company.
Many types of business litigation include breach of contract, defamation, and intellectual property infringement. If you get sued, you must consult a corporate litigation lawyer as soon as possible to understand your rights and options.
Businesses can also sue companies or individuals. For example, if you believe another company has infringed on your copyright, you can file a lawsuit against them.
No matter what side of the lawsuit you’re on, business litigation can be complex and time-consuming. So, it’s essential to consult an experienced attorney who can help you navigate the legal process.
Final Thoughts
There are many legal considerations to take into account when starting a business. It’s essential to consult with an attorney to ensure you comply with all state and federal laws. Once your business is up and running, stay abreast of any changes in the direction that could impact your company.
