The majority of businesses are regulated with both government and legal oversight in order to ensure that they are operating within the confines of the law. Starting a new business is a challenging pursuit. Overcoming legal issues for events is do-able with plenty of planning. The majority of businesses are regulated with both government and legal oversight in order to ensure that they are operating within the confines of the law. Employees’ rights and responsibilities need to be laid out in the employment contract. Either way, you may be considering forming a partnership. Legal Issues to Consider When Starting Your Business. When you are selecting the location for your business, you will need to make sure it is properly zoned for the type of business you plan to operate. by Rachel Fields The first legality that you need to consider is selecting a name for your business. But you should know that partnerships, as all corporate structures, come with legal complications. What legal issues have you run into since starting your app business? A difficulty may be getting all necessary legal advice, and mechanisms in place prior to starting. 5) Legal questions. If your desired name is not in use, you should reserve it with the Secretary of State's office. 1.) Forming and getting a China WFOE up and running involves more than simply securing Chinese government approval for the new entity. Thus, selection of wrong and incompetent blocks can weaken the foundation of your business. Legal Issues For Startups: Business Licenses, Can I Do Business Without Registering: Everything to Know, Protect you against anyone trying to infringe on your intellectual property, Ensure that you have full and universal rights to your trademark, Are you interested in keeping your company private or will you want to. However, what starts out as an opportunity for someone to be productive with his or her day and perhaps earn a bit of money, too, is actually fraught with potential legal pitfalls. However, some use a company. Hire the top business lawyers and save up to 60% on legal fees. Various legal issues often arise when you start a business. Licensing There are a multitude of legal issues to think about when it comes to starting your business. Businesses cost money, and in most cases, a LOT of money. 1. Moreover, employees are like the building blocks of a business. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Perform a knockout search before choosing a business name. They will hold the name for a period of time, typically 120 days, while you complete any necessary paperwork. This may include: A business should also complete an online trademark search with the United States Patent and Trademark Office (USPTO) to ensure that the business name is still available. Learn about common legal issues faced by entrepreneurs when starting a small business as well as the difference between ethics and legalities. Employees are a company’s biggest strength, but they can also turn into a major legal liability if they are not managed correctly and if the ground rules of your collaboration aren’t set out from the very beginning. Without this, it means you are taking a big entrepreneurship risk and starting on the wrong side of the law. Consider the answers to the following questions to help determine how best to structure your company: Carefully consider how you wish to proceed when you register your business. Not Securing Your Business Trademarks. At the very minimum, you will require a business license and tax registration. 1. See this list on Nolo.com for lot's more on the legal issues you'll need to navigate when starting a business. Every company should have an internal code of conduct that … There are required registration procedures in place, depending on certain particular considerations as mandated by law. Tax File Number (TFN), and 4. At this stage, contacting an attorney can be helpful. There are many business structures to choose from including: When deciding what form is best, you will need to consider which will provide the best tax structure for your company and what liability issues may be associated with your business. The level of protection needed for the business in terms of patents, copyrights and trademarks. Starting your own event management business requires an understanding of what common problems you might run into while on the job. You need to figure out a business model, find key employees, build partnerships and convince early customers. Starting your own business can be complicated, and you need to have all of your legal issues taken care of before you open. It also usually implicates the following eleven issues as well. They can create legal issues for your company too. Depending on what type of business you plan to engage in, you may need a variety of licenses or permits. Legal Issues For Startups: Business Structure, 4. As a business owner, you want to make sure you have covered all your legal bases to avoid any fines, lawsuits, or—worst case—even jail time. For example: You need to check whether your business requires any licence (for example, to run a nursing home) and if so obtain one. Verify with the appropriate state agency, usually the Secretary of State office, by completing a thorough name search. In order to avoid legal trouble and fines, be sure to obtain the appropriate business license for the specific type of business that you want to operate. 1. UpCounsel accepts only the top 5 percent of lawyers to its site. Determining whether a China entity is required at all. But don’t lose touch with your lawyer once your business is up and running. The following is a basic list of seven legal issues every business should make sure to consider. This is why starting a business is not as easy as you may think. You need to be sure that the business name you plan on using is not already in use by another company. In the United States there are legal regulations and restrictions for all businesses. Corporate Organization: Form and State of Organization As a business owner, you want to minimize your liability. What follows is a sampling of some of the legal concerns you may want to address with your attorney before you start your business. To decide what form is best, you will need to consider liability issues associated with your business and which form will provide the best tax structure for your business. Any time you have a contract between your business and a customer or vendor, it is essential that you both read and understand that contract. The attorney listings on this site are paid attorney advertising. While many entrepreneurs have a basic understanding of the law, the majority of them … If a company in a sole proprietorship is sued, the owner’s personal assets could easily … Everything from your business name to its structure to its operation has legal implications. A knowledgeable attorney can properly advise you and offer advice that specifically correlates to your particular situation. Business Structure While many entrepreneurs have a basic understanding of the law, the majority of them do not consider the legal implications of starting a company. In general, a sole trader has minimal setup costs while a company protects your personal assets, like a mortgage, from being claime… LawKick is a platform enabling people to connect with lawyers online and get price quotes for … When setting up in business, an understanding of the red tape involved is a must, or you will be asking for trouble. Although cash flow can be tight when starting out, this is an important time to receive professional advice, as it may limit the risk of unintended issues … If you will be setting up financing for your business or entering into contracts with suppliers, you should consider confidentiality and non-disclosure agreements. Legal business structure: The first thing to consider when starting a business is what legal structure your business should adopt. Do Not Sell My Personal Information. Since these outside firms will have access to business information that you may want to keep private, you should consider having them sign these agreements. Related: Nine Common Legal Mistakes Small Business Owners Make Take plenty of time to research forming an LLC, as this is a lengthy process but an … Read the related article on licensing requirements for more information. Once you starting running a business, the world gets a lot more complicated. Australian Business Number (ABN) 2. If you are ordering a thousand gizmos for your grand opening, you don't want the supplier to call your competitor to see if they want a thousand gizmos so that they can offer them on the same day. In addition, there will be particular licensing requirements before daily operations can begin. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Pay As You Go (PAYG) … At a minimum, you will need a business license and tax registration. You will need to determine which business structure will best suit your company. You may be involved in negotiating the lease on business premises. Trademarks are the representation of your business among customers and clientele. Both options have their benefits. A few-hundred-dollar investment with an IP lawyer will potentially saveyou from realizing a major mistake down the road, like infringing upon another company’s trademark. As a new business owner, you should be familiar with all the legal considerations as you start your new business. Aaron George is an entrepreneur with a background in app development and law. However, it is advisable to consult with an attorney to be sure that you are starting off as a legally sound organization. Every decision has legal implications, such as the name of the company, its structure, and how the business operates. If you need help with legal issues in starting a business, you can post your job on UpCounsel's marketplace. Many business owners operate as sole proprietorships. You’ll find yourself faced with a plethora of issues and decisions that most people never have to consider, and legal inconveniences may be an unfortunate side effect. Every business is essentially a legal entity, with certain rights and obligations that correspond to the type and size of business, its legal business structure, its location, and other distinctions.Some of the more common types of legal restrictions on businesses include professional licensing, permits, zoning ordinances, and surety bonds. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Share it with your network! Fair trading laws ensure your business operates fairly and competitively. These include registering for the following: 1. Zoning may have changed while the other business was operating, and that business might have been provided an exemption that won't be provided to yours. It is not okay to just assume that, if your business is of the same type as the one that is currently there, the zoning is appropriate. So speak with an attorney who can explain each option for you and then listen to your vision for your company so they can guide you in the right direction for your specific situation. Here are five legal issues that business partnerships may run into. As a young entrepreneur, you have to research the legal aspects of starting a business before you make the move. To ensure that you start off on the right note, here are the top five legal issues to consider when you start a business. What follows is a sampling of some of the legal concerns you may want to address with … But with these and other event planning tips, you’ll be well on your way to a … 1. An attorney experienced in business law can help you through the setup process as well as other legal issues once you are up and running. This has tax and other implications, so you should seek some advice about the best legal structure for your proposed business, be it a limited company, as a sole trader or a partnership. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. You will need to make sure that the business name you plan to use is not already being used by another business. Part of what makes it so complicated is all the legal implications that come with starting a business. At Coffman, DeFries & Nothern, P.A., we have experience working with businesses. -Timothy Schmidt, WebsiteRescue Many entrepreneurs dread dealing with the legal aspects of starting and managing a business--mainly because many don't know where to start. What other legal issues do I need to consider when starting a business? There are several different business structures that you can choose when you’re forming your company, including LLCs, S corporations, C corporations, partnerships and sole-proprietorships. Goods and Services Tax (GST) 3. Make it a habit to seek business legal advice regularly to ensure that you are protecting yourself as your business grows and changes. Starting a business in China usually involves forming a Wholly Foreign Owned Entity or WFOE. If so, an alternate name will have to be chosen. Starting up is hard enough without legal trouble. Legal Issues to Consider When Starting Your Business, 2. Generally, a new company should have no legal issues in the initial stages of development. These laws also ensure that you inform and protect your customers. How much growth do you anticipate gaining in the future. It is important that you do your research into … Some companies choose a name only to discover that another company already claimed it. In the majority of states, registration is necessary in order to become a legal business and for tax liability purposes. One that most people can relate to. Unless you have a legal background, you should always have a lawyer approve any contract that your business creates before putting it into use. When first starting a company with few employees, their activity can be rather informal, but this is a risky course of action that legal experts do not recommend: 1. There are many legal issues in starting a business. They are trained to help new business owners: Remember that although you may have ownership rights for your specific brand name in the United States, another company may operate under the same name in other countries. Want High Quality, Transparent, and Affordable Legal Services? The most common business structure for a personal trainer is to operate as a sole trader. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lastly, most entrepreneurs struggle with understanding three key legal themes: How they should structure the business when incorporating. As your client base changes or grows, you can always restructure to suit your new needs. The first step in starting a personal training business is to choose your business structure. Legal Issues For Startups: Business Name, 3. Another legal issue in business is contracts. Keep in mind that your choice is not permanent. Use AllLaw's nondisclosure form for your business. Check with local businesses in your surrounding area and online to see if the name you want to use for your business has already been registered. Not enough money. There are many legal issues in starting a business and every decision about the company name, its structure and business operation have legal implications.3 min read. 20. 2. Are you anticipating working with investors or will you remain privately funded? Depending on which business structure you choose, a variety of permits and licenses may be needed. Top 8 Legal Issues Regarding Entering The China Market ... A company seeking to do business in China should consider the issues carefully and discuss them further with legal counsel. Was this document helpful? Everything from your business name to its structure to its operation has legal implications. 1. Starting a new business is an exciting time. He’s also an active blogger and the co-founder of LawKick. You can do this by doing a name search with the appropriate state agency, which is usually the office of the Secretary of State. While this is one of the easiest and least expensive paths to starting a small business, it also carries serious financial risks. Here are the five legal issues to consider when starting a business with a special needs individual. In some states, the information on this website may be considered a lawyer referral service. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. All business owners need to register the business and the business name. If your chosen name is not already in use, you can reserve it with the Secretary of State's office for a period of time, about 120 days, while you prepare your articles of incorporation, articles of organization, or a partnership agreement. In the long run, investing in legal advice in the following areas can save you time and money. There are a multitude of legal issues to think about when it comes to starting your business. It is essential that you have read through and understand the checklist below to ensure you have a good understanding of the relevant laws and regulations involved in starting a business – click the links to explore in-depth articles on a topic. Getting business advice and legal help from a small business lawyer is a smart way to start a business off on the right foot. Money is a tremendous concern when beginning a business. The more confidential information your business plan contains, the more important these agreements are. Here are seven such issues, along with considerations for dealing with them. Most municipalities have rules and regulations on what types of businesses can operate in specific areas. To make sure your business meets fair trading regulations, you need to consider: Fair trading laws; Australian Consumer Law and your business; Competition and Consumer Act; Australian standards; Codes of Conduct The licences and permits required by their city, county, state and country. As a new business owner, you should be familiar with all the legal considerations as you start your new business. A number of specific taxes could be applied to the new business. Or, you're unhappy with the current legal structure of your business and are looking for an alternative. You will need to research the type of business licenses legally required to operate in the area you formulate your company. Violation of business laws can result in a fine, closure of business, a jail sentence or other consequences. You will need to decide which business structure best suits your business.Your business could be structured as a sole-proprietorship, partnership, limited partnership, corporation, S-corporation, or limited liability company.