Iam thinking about starting a small business , what do i need as far as legal documents?

Answer 1

From an article I wrote "A Small Business Legal Checklist" http://www.powerhomebiz.com/vol15/asmall.htm :

Legal requirements vary in each country, state, and municipality.

Here is a general checklist of legal matters that you need to be concerned about for your small business. Remember, an ounce of prevention is better than a pound of cure. Know what is important enough to cost you large sums of money if you don't pay attention to it. Depending on your type of business and your state and local requirements you may need to:

1. Employer's Identification Number (EIN). Obtain an employer's ID number with Form SS-4, if you have employees, are a partnership or are incorporated. Sole proprietorships can also obtain and use a TIN instead of the owner's social security number on all business forms that ask for a "taxpayer identification number." If a business is not a corporation this identification or Social Security number will be needed before a bank account can be opened.

2. Obtain a federal license if required by federal law. Employers must obtain licenses, which are renewable every two years, and also keep a log of hours worked and products made so inspectors can judge whether wage laws are being met.

3. Legal form of your business. Incorporate, form a limited liability company, or file a statement of partnership if not a sole proprietorship

4. If needed, obtain seller's permit - also known as Certificate of Authority or Resale Certificate. Get a resale tax certification or state sellers permit if the operation will involve purchasing items for resale. This exempts the business from paying sales tax on some of its purchases.

5. Obtain any trademarks, copyrights, and patents as needed. Trademarks are words, names, illustrations, or a combination of these used to identify products or services to distinguish them from items of other firms. Check with the Trademark Register of the United States to avoid using trademarks already used. Copyrights, on the other hand, protect artistic creations, literary writings, graphic illustrations, musical scores, computer programs, and published materials such as newsletters. A patent provides a seventeen-year exclusive right to make, use and sell an invention in the United States.

6. Obtain any required state licenses. Some special licenses are issued to a business that will provide products or services requiring special regulation. Special licenses are issued to professionals, such as doctors, lawyers, barbers and others who have met a certain level of training or education, or who engage in an occupation the government considers risky for some reason.

7. Obtain occupational or health permits if required for your type of business.

8. Acquire zoning approval, if necessary. Zoning ordinances regulate how property can be used. These ordinances are tools of both state and local governments to regulate the safety, structure and appearance of the community. If you are operating a home business, make sure that the zoning rules in your area allow the operation of your kind of business.

9. Obtain a local business license. Many municipalities or states require a permit to conduct business. The fee is usually based on gross sales, but volume from most part-time ventures falls below the minimum tax level, so, at least initially, it won't be costly.

10. Register your business name if using a name other than your own or a variation of your name. Check with the county clerk locally, and the secretary of state nationwide to determine if a certain name is legally clear.

Here are some books you may want to check with regards to the legal documents of a small business:

- Choosing a Legal Structure for Your Business (Run Your Own Business) http://www.amazon.com/exec/obidos/ASIN/0136033660/powerhomebizguid
- 155 Legal Do's (and Don'ts) for the Small Business http://www.amazon.com/exec/obidos/ASIN/047113161X/powerhomebizguid
- Inc. Yourself : How to Profit by Setting Up Your Own Corporation http://www.amazon.com/exec/obidos/ASIN/0767902254/powerhomebizguid
- Deduct IT! Lower Your Small Business Taxes http://www.powerhomebiz.com/books/deduct.htm
The American Bar Association Legal Guide for Small Business

Answer 2

The best routes to take are to research the process of starting a business as well as the industry you're interested in.

I recommend checking out the SBA, Entrepreneur, The Start Up Journal & Nolo. All 4 are great informational resources for the new/small business owner. I posted links for you in the source box.

Associations may be a good avenue to explore as well. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. Type in {your industry} associations into any search engine & sites should pop right up.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* How to Really Start Your Own Business, Fourth Edition by David E. Gumpert
* How to Really Create a Successful Business Plan: Step-by-Step Guide by David E. Gumpert
* What No One Ever Tells You about Starting Your Own Business: Real-Life Start-Up Advice from 101 Successful Entrepreneurs (What No One Ever Tells You About Starting Your Own Business) by Jan Norman
* Business Start-Up Kit by Steven D. Strauss
* Start Your Own Business (Entrepreneur Magazine's Start Up) by Rieva Lesonsky

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

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Answer 4

Here is a step-by-step guide from Utah.gov

http://www.sba.gov/starting_business/startup/guide.html