Keeping Your Business on the Right Side of the Law

By Rieva Lesonsky

This is part four of a four-part series on business formation for small business and ebusiness.

Relax Keeping Your Business on the Right Side of the Law

Don’t relax just yet; All that ebusiness paperwork was just the beginning!

Once you’ve formed your business and filled out the countless forms, permits, business licenses and filing of required official documents, the paperwork deluge is not over. Depending on where you live, and the industry you’re in, there could be a flood of new paperwork to fill out to make sure you stay in compliance with government and industry rules and regulations.

For many business owners, there are a ton of industry-specific rules to be followed—and government agencies to make sure you follow them. The federal government has many regulatory agencies, such as the Consumer Product Safety Commission and the Environmental Protection Agency. Each agency has its own set of rules, ranging from what you can manufacture, to how you conduct your business and even how you can advertise your product or service.

Compliance is a serious issue. We’ve all seen the bad press companies get (damaging their brand) when they aren’t in compliance with agency rules. Consumer advocacy groups often make an example of violators (businesses that claim to sell organic products, but don’t comply with organic standards for instance). So how do you avoid running afoul of regulations?

  • Do your online homework: The Small Business Administration has 21 free online business guides) organized by industry. You’ll find plenty of information and current updates in each guide. If you sell beverages, for example, click on the “Food and Beverage” link and you’ll find safety regulations, labeling requirements and more.
  • Make sure you check to see if your state (or even local municipality) imposes its own set of rules. Some industries (food for example) are heavily regulated on every government level, including your local zoning commission.
  • Make an appointment with a representative of your industry association. If you industry is heavily regulated, it’s a good idea to join the major trade association affiliated with what you do. Your trade association not only should be up-to-date on the latest regulations, but likely have regular newsletters and meetings keeping you apprised. Some associations operate at the federal level, others at a state level.
  • Join an industry networking group. Many are affiliated with the trade association so you can connect with other business owners, tap into their experiences and get advice. The counselors at your local SCORE and Small Business Development Offices can help, too. Most of the time, you can meet with an expert or entrepreneur familiar with your industry who can walk your through the numerous regulations that will keep you on the right side of the law.

Make sure you have all of your ducks in a row by reading parts one, two and three on small business and ebusiness formation.

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Business Formation: Crafting a Partnership Agreement

By Rieva Lesonsky

This is part two of a four-part series on business formation for small business and ebusiness.

The reasons why you choose to start a business with a partner (or partners) might vary, from simply haring the heavy workload involved in running a business to balancing out thepartnership Business Formation: Crafting a Partnership Agreement needed skillset for your type of business. You might form a partnership based on a straight financial need, where one partner brings the necessary startup capital to the table. No matter what the reason for forming a business partnership, you should know the differences between the different types of partnerships, including the tax differences. And even if it’s not legally required, you should make it a point to draft a partnership agreement.

There are three types of partnerships:

  1. A General Partnership divides profits, liability and management duties equally among the partners. If the partnership is not equal, the percentages must be documented in the agreement. General partnerships do not pay tax on the company’s income. All profits and losses are passed through to the partners. The partnership files a tax return, but does not pay taxes on the income. Partners show their portion of the profits and losses on their personal tax forms.
  2. A Limited Partnership allows partners to have limited liability and limited decision-making power depending on each partner’s investment percentage. All profits and losses still flow directly through to the partners, but partners don’t have to participate in the business itself. This form of partnership works well for short-term projects.
  3. Joint Ventures are general partnerships and can be entered into for a limited period of time or for a single project.

So what should be in your partnership agreement? Here’s what you must include:

  • How the management of the company will run, such as partner job descriptions
  • The specific contributions of each partner and the responsibilities involved in that contribution, if any (there could be none if the partnership is strictly monetary with zero decision-making)
  • The partner shares assigned to each partner. These shares will probably change as time goes on, so it’s important to keep the document updated.
  • How profits and losses will be shared between the partners
  • The process for bringing on any new partners
  • What happens to the partners and the business if the company is dissolved? Will the business and any debts be divided? What if one partner leaves?
  • An annual review date to update the agreement

Don’t try to create your partnership agreement from scratch. Either use an online service like RocketLawyer.com or contact your attorney for help in drafting an agreement.

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Business Formation: Is Sole Proprietorship Really Right for Your Business?

By Rieva Lesonsky

This is part one of a four-part series on business formation for small business and ebusiness.

According to the latest Census figures, there are close to 23 million sole proprietorships in the United States, making sole proprietorship the nation’s most popular form of business ownership. In today’s litigious society, why would a business owner still choose to form a sole proprietorship when it puts everything you own, both professionally and personally, at risk? Here’s a closer look at how sole proprietorship works.

SOleProp 1024x759 Business Formation: Is Sole Proprietorship Really Right for Your Business?Sole proprietorships are the simplest form of business ownership. In this business structure an individual owns and manages the business and is responsible for all business transactions. Independent contractors, freelancers and independent sales representatives often set up their businesses as sole proprietorships and are personally responsible for all debts and liabilities incurred by the business. People like the sole proprietorship structure because it’s is the easiest to form, has the least amount of paperwork, and the simplest tax requirements.

The advantages to being a sole proprietor include:

  • You have complete control and decision-making power, without having to worry about answering to shareholders or a board of directors.
  • Although your business still needs to comply with all laws and licensing permits, as well as local regulations and zoning ordinances, overall there’s far less paperwork and red tape than there is in a corporation.
  • A sole proprietorship can easily be passed down to the business owner’s heirs.
  • Unlike a corporation, which involves both incorporation fees and annual fees, the only fees involved with a sole proprietorship are paying for a business license and filing a fictitious business name (if you choose to do so).
  • The IRS does not require any specific business taxes be paid by a sole proprietorship. Taxes are paid on the income made from the business and filed with the owner’s personal income taxes.

The downside to a sole proprietorship, however, is significant. Because there is no separation between the individual and the business, in case of a lawsuit or business debt, all of the sole proprietor’s personal assets can be at risk. This is why many business owners choose to protect themselves by selecting a different form of business, such as partnership, LLC or corporation.

In future blog posts in this series, I’ll explain more about those forms of business.

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