What are the Key Requirements and Considerations when Starting a Business?

Skoog Law

When starting a business there are many factors and considerations that must be taken into account. Not only are there many personal aspects that must be considered there are many legal requirements and considerations. This post will briefly outline some of the major legal factors and considerations. Future posts will further develop each factor and consideration. By understanding and addressing these legal considerations, you can lay a solid foundation for your business and ensure compliance with necessary regulations.

  1. Business Structure: Determining the structure of your business is a fundamental decision that can impact various aspects of its operations and future growth. Choosing between options such as sole proprietorship, partnership, limited liability company (LLC), or corporation requires careful thought and consideration.

  2. Business Name: Selecting an appropriate name for your business is a significant task. Consider whether you prefer to operate under your personal name or a distinct business name. If you opt for a different name, you may need to register it as an assumed name or “doing business as” (DBA) name, which adds another layer of consideration.

  3. Licenses, Permits, and Compliance: Understanding the licenses and permits required for your specific business type is crucial. Timely acquisition of these permits is essential to ensure legal operation. Additionally, complying with employment laws, such as minimum wage, overtime, and anti-discrimination regulations, is vital. Properly classifying workers is equally important.

  4. Tax Obligations: Familiarize yourself with state and local tax obligations applicable to your business, including sales tax, income tax, and payroll taxes. Complying with tax requirements is essential to avoid legal complications. You must also make the determination on the taxable entity of your business, which is distinct from your legal entity.

  5. Contracts and Agreements: Developing sound contracts and agreements is key to protecting your business interests. These may include client contracts, employee agreements, and service/sales contracts. Ensuring that these documents are legally sound and enforceable is critical.

  6. Local Ordinances and Regulations: Being aware of local ordinances, zoning restrictions, permits, and regulations relevant to your business is essential. Complying with these requirements will help you avoid potential legal issues in the future.

  7. Handling Disputes and Litigation: Understanding how to navigate contract disputes or potential litigation that may arise is valuable. Familiarize yourself with dispute resolution methods and consider consulting a knowledgeable attorney for guidance.

Thank you for taking the time to read this post and stay tuned for future posts that will delve deeper into the key factors and considerations when starting a business.