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Planning and opening of a new business

On Behalf of | May 10, 2018 | Small Business Law

There are already a large number of challenges that business face in remaining solvent. Legal issues may arise. Disputes can occur due to poorly worded agreements. And sometimes the failure to take immediate action can result in problems getting out of hand.

However, owners can take certain steps that better ensure success. Common considerations for new business owners include:

Choosing the right business structure. Depending upon your individual circumstances, you may wish to form a sole proprietorship, partnership, limited partnership or LLC. It is also possible you may wish to change the structure in order to take advantage of changes in the tax law.

Careful preparation of employment agreements. It is important that employment agreements spell out rights and responsibilities of personnel at your place of business. By containing provisions spelling out what actions to take when certain circumstances occur, it is possible to prevent disputes from arising.

Drafting of purchase agreements. It may be useful to create a written process concerning the handling of purchase agreements. The process can include designating which employees can issue purchase orders or order services from vendors.

Protection of trade secrets, trademarks and the company name. The company brand may be a significant factor in marketing your products or services. Delays in doing so may result in loss of use of certain trademarks and names. Also, failure to establish a trademark may later result in your company facing various infringement claims.

Carefully consider what sort of property agreement you sign. Signing a long-term commercial lease could prove disastrous if your business runs into financial issues. In fact, you may end up personally liable to debtors for the lease you sign.

Regardless of how old or new your business is, revisiting such items is essential for success. Having access to attorneys who regularly litigate business-related issues can also prove extremely beneficial. Understanding how disputes arise can also prevent them from occurring to begin with.


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