Whether you’re just starting out or have been operating for years, there are many legal issues confronting business owners. This article will identify tips to take that can save your business.
Tip 1: Incorporate
Legal documents must be filed in order to incorporate your business, thereby protecting your business and personal assets. If you are operating as a corporation, you need to file articles of incorporation, and if you are operating an LLC, you need to file articles of organization. Fill them out and file them.
Tip 2: Select an Appropriate Busienss Name
Ensure that your business name is different than the names of existing businesses that offer the same or similar products and services, in order to avoid litigation over use of another business’s trade name. Check state and federal name registries to see whether other businesses have the same or similar names.
Tip 3: Obtain All Necessary Licenses and Permits
Many businesses require licenses and/or permits to operate, whether they are issued a federal, state, or local government. Research the requirements for your business, and obtain them.
Tip 4: Adopt Governing Documents
The structure you choose for your business determines the type of governing documents you need to have in place, such as operating agreements, bylaws, etc. Governing documents should be adopted for every business. These documents identify and set out the company’s structure, ownership, voting rights, responsibilities of directors, day-to-day operations, how profits and losses will be treated, and more.
Tip 5: Implement Written Contracts and Agreements
Many businesses make the mistake of operating without written contracts. This is an antiquated practice. Having written contracts helps all parties understand their rights and obligations.
Tip 6: Market Properly
There are many legal issues that arise relating to the way businesses market and advertise their products and services, which are governed by the Federal Trade Commission (FTC) and also by state and local laws. The most basic rule with regard to advertising and marketing is: don’t lie.
Tip 7: Protect Intellectual Property
Intellectual property is a creation of the mind. Every business has some intellectual property, whether it is the special method for creating your product or simply your business name or logo. There are specific steps you must take in order to protect your business’s intellectual property, which can be protected through copyright (written and artistic content), trademark (logos and slogans), or patent (inventions).
Tip 8: Comply with Employment Obligations
If your business has employees, you need to ensure that your business complies with a number of federal and state employment laws. For starters, you must pay employees at least minimum wage, operate a safe workplace, and treat employees fairly. If you are not interested in having employees but need help operating your business, then independent contractors should be considered—but they come with their own legal issues.
Tip 9: Get Your Financial Metters In Order
First, open bank accounts and obtain credit in the name of your business, and keep those accounts separate from your personal accounts. Failure to do so may result in a court finding that your business is not a separate legal entity, resulting in you becoming personally liable for debts against the business. Second, ensure you pay all necessary taxes—employment taxes, income taxes, sales tax, etc. Third, get insurance. Fourth, manage your receivables. If someone doesn’t pay you and there’s no basis for the non-payment, pursue them.
Tip 10: Adopt a Recordkeeping Program
As your business grows, you will have to maintain accurate records for your business. A common issue for small businesses is failing to maintain the required records. These records may include minutes of corporate meetings, stock certificates, financial statements, payroll documentation, injury logs, etc. Adopt a record keeping program and follow it.
Regardless of the type of business you operate, you need a trusted attorney to help you wade through the many legal issues you will encounter in the operation of your business. To find the perfect attorney for you and your business, quickly post a short summary of your legal needs on www.legalserviceslink.com, and let the perfect attorney come to you. No time, no hassle, no cost.
About the Author
Matthew Horn, Esq. is the President and Co-Founder of Legal Services Link, a platform allowing those with legal needs and attorneys to quickly and easily connect via email. Matthew is a frequent speaker and author on various tech, business, and legal topics. He holds a BS in Accounting from the University of Illinois, Urbana-Champaign, and a JD from The John Marshall Law School.