Legal Issues to Consider When Funding Your Business

Brad Smith • February 4, 2020
When starting your business, there are legal issues to think about. Everything about your business has legal implications from the name, structure and the operations. There are some legal concerns that you may want to discuss with your attorney before diving in and starting your business.

To begin, you will need to make sure that your business name is not already in use. If you are curious as to how, you may do a name search with your appropriate state agency which is usually the office of the Secretary of State. If the name that you choose for your business is not being used, you can reserve it with the Secretary of State’s office for a period of time while you prepare articles of incorporation, organization, or a partnership agreement.


Your Business Structure

Your business can be structured as a sole-proprietorship, partnership, limited partnership, corporation, S-corporation, or limited liability company. You will need to decide which of these business structures will best suit your business. To decide which is best, you will need to consider liability issues associated with your business and which form will provide the best tax structure for your business.

Business Licenses

You may need a variety of licenses or permits depending on what type of business that you plan to engage in. You will need at least a business license and tax registration.

Non-Disclosure Agreements

If you are going to finance your business or enter into contracts with suppliers, non-disclosure agreements should be considered. Since outside firms will have access to business information that you might want to keep private, you should consider having them sign the agreements. The more confidential information your business plan contains, the more important the agreements will be.

Zoning

You need to make sure that your business is properly zoned when considering a location. If there was a previous business, the zoning may have changed while the other business was in operation. If your business is one of the same types as the on that is currently there, the zoning will be appropriate.

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