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What Are the Essential Legal Steps You Shouldn’t Forget When Starting a New Business?

BY: Marjulyn Mardo
POSTED August 29, 2024 IN
General

Starting a new business is an exciting venture, but amidst the thrill, it’s easy to overlook crucial legal steps. These steps, though less glamorous, are essential to building a strong foundation for your business.

Navigating the legal landscape is key to ensuring your business’s success and longevity. This guide will walk you through the essential legal steps you must take when starting your new business.

Choose the Right Business Structure

Choosing the right business structure is one of the most critical decisions you’ll make. The structure you select—Sole Proprietorship, Partnership, LLC, or Corporation—affects everything from taxes to personal liability. Consider your business goals, the level of control you want, and your willingness to assume personal risk when making this decision. Consulting with a legal or financial advisor can help you make an informed choice.

Register Your Business Name

Your business name is your brand’s identity. To protect it, you need to register it with your state or local government. Start by checking the availability of your chosen name through local and national databases. If the name is available, register it as a DBA (Doing Business As) or as part of your LLC/Corporation filing. Consider trademarking your business name to protect it at a national level.

Obtain Necessary Licenses and Permits

Operating your business legally requires obtaining the necessary licenses and permits. These requirements vary based on your industry and location. Common examples include general business licenses, health permits, and zoning permits. Research the specific requirements for your business and ensure you’re compliant with all local, state, and federal regulations before you start operating.

Get Your Employer Identification Number (EIN)

An EIN, or Federal Tax Identification Number, is essential for managing your business taxes and hiring employees. Even if you’re a sole proprietor, obtaining an EIN can help you keep your business and personal finances separate. Applying for an EIN is straightforward and can be done online through the IRS website.

Open a Business Bank Account

To manage your finances effectively and protect your personal assets, open a separate business bank account. This allows you to track expenses, manage cash flow, and maintain clear financial records. Choose a bank that offers features tailored to your business needs, and use your EIN and business formation documents to open the account.

Understand Your Tax Obligations

Understanding and meeting your tax obligations is crucial for your business’s financial health. Your tax responsibilities will depend on your business structure and whether you have employees. Common taxes include income tax, self-employment tax, sales tax, and payroll tax. It’s a good idea to work with an accountant or tax advisor to ensure compliance and to take advantage of any deductions or credits available to your business.

Protect Your Intellectual Property

Your intellectual property (IP) is a valuable asset that needs protection. IP includes your business name, logo, products, and any original content you create. To protect these assets, consider registering trademarks, copyrights, or patents as needed. Regularly monitor for potential infringements and take action to enforce your rights.

Draft Contracts and Agreements

Contracts and agreements are essential to protecting your business from disputes. Whether you’re dealing with clients, employees, or vendors, having clear, legally binding contracts in place is crucial. These contracts should outline the terms of the relationship, including payment, deliverables, and confidentiality. It’s advisable to have an attorney review your contracts to ensure they are tailored to your business and legally sound.

Conclusion

Addressing these legal steps early on is essential to setting your business up for success. By taking the time to navigate the legal landscape, you’ll be better prepared for the challenges and opportunities that come with running a business. A solid legal foundation will give you the confidence to grow your business and achieve your entrepreneurial goals.

marj

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