Do you have a business idea that you want to turn into a reality? If so, it is important that you work with an attorney who understands the legalities of small businesses. An experienced business startup attorney can help establish your business correctly, protect your intellectual property, ensure you follow federal and state guidelines, and minimize your overall risk both now and in the future. If you are considering starting a business, congratulations! We want to work with you to ensure that all of your legal and financial rights remain protected. Contact our dedicated and experienced business start up attorneys at Alker Law Group at 626-252-0683 today.
Paperwork and Legal Issues
One of the first hurdles you will encounter in starting a new company is paperwork and legal issues. This includes developing a business plan, selecting your trade name, creating an operating agreement, drafting key documents such as NDAs or incorporation papers, and more. Make sure that you start your new business out on the right legal foot by ensuring that your legal and financial rights remain protected.
Protecting Your Intellectual Property Rights
Choosing the right trade name for your company can be challenging, especially since there are already millions upon millions of businesses out there with established names. If you want to ensure that yours stands out from the crowd then it is important that you come up with one that does just that. Additionally, it is critical that the name you choose for your business does not infringe on any other person or business’s intellectual property rights. Once you select your business name, tagline, or other intellectual property, an experienced business start up attorney can help ensure that you protect that intellectual property through copyrights and registered trademarks with the United States Patent and Trademark Office.
Choosing the Type of Business Entity
There are many different types of business entities that you can choose for your company, and visiting with an experienced business start up attorney can help you decide which one suits the needs of your particular situation.
● Sole Proprietorship: A sole proprietor is an individual who owns a business by himself or herself. There is no legal distinction between the person running the company as an owner (sole proprietor) and the business itself.
● Partnership: A partnership is a business that has more than one owner. There are two
types of partnerships - general and limited liability.
● Limited Liability Company (LLC): An LLC is established by filing articles of
organization with the state government or by forming an LLC under an existing statute
for this type of entity in another jurisdiction. This type of legal structure offers some
protection to owners from personal liability, but it's not as strong as what you would get
● S Corporation: An S corporation isn't a separate entity like a Limited Liability Company
because it doesn't have its own tax identification number; rather, it's treated as if it were
part-owner with regards to taxation.
Acquiring Permits and Licenses
When opening your business, an attorney can help you with the documents needed to receive the regulatory permits for a business to operate legally. A regulatory license or permit is required for every industry, so it can be overwhelming for an entrepreneur to comply with them on their own.
Drafting Legal Documents
There are a number of legal documents that must be drafted to establish a new business. These may include Articles of Incorporation, company bylaws, employee handbooks, an operating agreement or partnership agreement for a Limited Liability Company (LLC), and shareholder agreements. All of these documents should be drafted by someone who is knowledgeable about the laws in the state of California pertaining to businesses.
There are a number of tax issues that start-up businesses will need to address before they can officially open their doors. Some of these include:
● When should you file your articles?
● What taxes do business owners have to pay at the time of incorporation and during operation?
● What federal, state, local or payroll taxes apply depending on what type of entity is
formed (Corporation / Partnership)?
● How does LLC "pass-through" taxation affect income earned from self-employment
activity versus wages earned in an employee capacity?
● Are there any deductions available for new small business ventures besides Section 179
deduction under Internal Revenue Code section 195(d)(e) and depreciation expense
allowed under IRC section 167?
● When should I form an S corporation if my business is large enough?
● How do I create an operating agreement for my LLC?
● What are the major benefits of forming a corporation or partnership and how does that affect taxation, ownership structure and management decision-making authority? An experienced business start up attorney from Alker Law Group can work with you to help you make these important legal and financial decisions to help your new business be successful from the very start.
Insurance will be a consideration for your company going forward. You need to make sure you have enough coverage, not only for the legal requirements but other risks should something happen. One reason why you need a business start up lawyer is to help reduce the risk and identify an insurance solution so you can operate your business with peace of mind.
As the company grows, if it plans on growing by hiring more employees, it should give them a consistent handbook and policies. Experienced business lawyers can help create these employee handbooks and company policies to ensure compliance with federal and state laws, such as the Americans with Disabilities Act, or the Equal Employment Opportunity Commission regulations. Additionally, lawyers can sometimes negotiate contracts for company partnerships or joint ventures that may be needed to grow the business. It is always important for business owners to pay attention to many different employment laws. Ignoring these can result in expensive liability lawsuits.
A good way of minimizing the risk is by allowing an experienced business attorney to put together a list of company policies that can be reviewed and updated regularly, in line with emerging regulations as well as changes to personnel needs.
Protection From Legal Liability
Contacting an experienced business start up attorney can help you understand all of the legal liability you may face in the future, and ensure your legal and financial rights remain protected.
Creating the proper legal documents can avoid many legal challenges in the future, and provide security as you continue to grow your business. An experienced law firm, like Alker Law Group, can work with you to make sure that all of the necessary pieces are in place before starting out on your adventure as a new entrepreneur.
Contact an Experienced Business Start Up Attorney Today
Alker Law Group understands how important it is for small businesses to be able to focus on their operations without worrying about complex financial and legal issues. Locating a knowledgeable business start up attorney will give you peace of mind when beginning this exciting endeavor.
Our experienced business start up attorneys can answer your questions and provide you with all of your legal options. If you're looking for more information about how a business startup lawyer can help small businesses, contact our experienced business start up attorneys at Alker Law Group at 626-252-0683 today.