What Kind Of Lawyer Do I Need To Start A Business
A business startup lawyer provides legal services to entrepreneurs to start a business by drafting articles of incorporation, filing a fictitious business name (DBA), and articles of incorporation.
A business startup lawyer provides legal services to entrepreneurs to start a business by drafting articles of incorporation, filing a fictitious business name (DBA), and articles of incorporation.
By Brad Nakase, Attorney
Email | Call (800) 484-4610
Have a quick question? We answered nearly 2000 FAQs.
A business attorney can guide an entrepreneur through the legal intricacies of starting a business. While exciting, the process of starting a business is complex and can be overwhelming. Perhaps you are starting your own small business in your neighborhood, or maybe you are joining a group of business professionals in creating a corporation. In either case, there are plenty of good reasons to work with a business lawyer while in the startup phase. But who to talk about starting a business?
Among many other reasons to seek an attorney’s guidance, an entrepreneur should think about protecting both themselves and others from debts, liability, and lawsuits. “But who to talk about starting a business?” is a common question that arises when embarking on an entrepreneurial journey. If you are wondering whether you require legal advice or services, take a look at the information below for the top ten benefits of hiring a small business lawyer to start a business to get your dream company off the ground.
A lawyer can assist in drafting and reviewing contracts, leases, and agreements essential for business operations, safeguarding the interests of the business and its stakeholders. A lot of businesses create contracts for services, employment, supplies, and real estate licenses, among other legal documents and matters. Even your local mom and pop shop often has agreements between investors, partners, and employees. These agreements are meant to protect the parties engaged in the contract. These contracts may take the form of partnership agreements, business loans contracts, disclaimer templates, and LLC operating agreements.
It is critical that you have a business attorney to start a business to look over all contracts to ensure that your rights as a small business owner are protected. By seeking advice from a lawyer early on, you are doing yourself a favor by avoiding future legal issues.
A business lawyer for starting a business plays a pivotal role in ensuring legal compliance and protection from potential risks. Certain types of businesses need to register with the city, county, or state in which they operate in order to be acknowledged as a legitimate, legal business. This will depend on the type of business and structure. But even companies without the legal requirement of formal registration or incorporation may need to get permits or licenses.
The process of registration and renewal can be complex in nature, especially if your company needs multiple ones. A lawyer can assist with staying organized, ensuring the business remains compliant. You may learn more about the types of permits and licenses necessary to start a business.
Having a business lawyer to help start a business can provide valuable guidance on choosing the appropriate business structure, whether it’s a sole proprietorship, partnership, LLC, or corporation, considering the implications for liability and taxation. There are many ways to structure a business upon formation. The company could be classified as a sole proprietorship, an LLC, a partnership, or a corporation. This choice affects a business owner’s responsibilities. The specific structure also impacts an entrepreneur’s liability and legal responsibilities. Learn about the types of corporations and business structure types.
If you, an entrepreneur, choose the wrong entity type for your business, it may lead to legal problems and result in you being personally liable for your partners or employees if they engage in any unlawful activities. To make sure you pick the entity type suitable to your situation and company, it is important to seek the advice of an experienced business lawyer.
States treat businesses differently. Hence, the formation and conduct requirements for a business in one state may not be recognized or legal in another state. If you are not careful of how you deal with businesses across different states, you may only be protected under certain functions or operations. A business attorney can review the laws of different states and help ensure you remain compliant and make choices appropriate for your business.
Certain business entities are required to comply with state laws that address that business type. A business attorney can help entrepreneurs to start a business by ensuring liability protections. For instance, the articles of organization for an LLC may need to be submitted (and fees paid), and a registered agent may need to be appointed through the relevant Secretary of State.
If you, the entrepreneur, do not follow the particular state’s laws, there is the risk of losing protections and benefits, such as limited liability protections. A business lawyer can help ensure your business enjoys full protection at all times.
A business must not only make money, but also keep accurate records of distributions and income, as well as operate in a fiscally responsible way. There may be different methods of raising capital and making distributions for different business entities. Therefore, it is important that you hire a business formation lawyer who can examine the requirements for your specific type of entity. This can ensure that you avoid potential tax and liability problems.
Furthermore, a business lawyer’s advice can help you come up with a smart business plan that identifies your company’s needs and goals to better communicate with investors.
While there are only a select number of business entity types to choose from, there are other choices within these types that create important designations. These include liability, taxation, and more. The most common business entities include the following:
Picking the wrong entity type for your business can result in legal and financial consequences. A business attorney can review these considerations with you when forming your business.
Moreover, they offer counsel on regulatory requirements, intellectual property protection, and navigating complex legal issues, setting a strong legal foundation for the business’s growth and success. When it comes to business entities, there are certain things which you do not or cannot make choices on. Often, the state decides these matters on your behalf. The majority of states have what are called ‘Uniform Laws’ that plug in the gaps where a company’s charters, operating agreements, corporate bylaws, or other formation documents are silent. It is possible that you must follow a complete set of regulations and laws that you do not even know exist. A business attorney can make sure you know about these laws and can deal with any legal matters that arise.
Different business entity types have advantages and disadvantages when it comes to taxes. After choosing a business formation, dealing with taxes is the most important task when starting a new business.
A business attorney can help start a business by analyzing potential tax liability and assist with obtaining an employer identification number from the IRS. This can save a business owner money, time, and stress when starting a business.
An entrepreneur should contact a business lawyer when starting a business to navigate legal complexities, ensure compliance with regulations, and protect their company from potential legal pitfalls. Different business entity types supply both protections and risks to business owners and investors. A big factor is personal liability, which can put your personal assets at risk.
A business lawyer can help you avoid chancy scenarios where you could lose your assets. They can help reduce overall liability and ensure you are informed about relevant business laws.
Of course, working with an attorney is an investment. However, it offers both short and long-term protection that gives you the peace of mind to focus on your dream: building a successful business.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment
Most recent blogs: