Why you should seek legal guidance when starting a business – What to Know

Ensuring Corporate Documents' Enforceability - What to Know

25/02/2020

Starting a new business can be exciting however it does come with some level of risk, without the proper guidance you can be faced with some challenges that may not be easily overcome. The prospect of starting your own business can sometimes be such an effort that you struggle to manage your time with competing priorities.

The needle can shift quickly and before you know it there is a vast number of important aspects of setting up your own business you have overlooked, it’s not an uncommon situation however it can pose some significant issues in conducting business later on.

Particularly if you are in a position where you may have your business concepts infringed upon, or you are potentially liable for shortcomings in a consumer-based product. There is a vast number of legal circumstances that can occur. We cover off the primary reasons why as a start-up you should engage in professional legal advice.

WHY SHOULD STARTUPS SEEK LEGAL ADVICE?

Each business is governed by laws, and even if it is a sole proprietorship, business owners have the option to protect themselves from personal liability for obligations and debts.

Some of the most common circumstances startups would need a lawyer for include:

CONTRACTS

Starting a business means you need to execute contracts for services, supplies, and space. Most often, agreements are also made between investors, employees, and business partners. So, essentially, you would want to make sure that all legalities are covered so that you don’t end up going to court proceedings.

LIABILITY

Various businesses offer different risks and protection to the business investor or owner. Personal liability means putting everything you own at risk through your business. A small business lawyer can help you avoid any conflicts down the line and reduce your risk of losing everything.

PERMITS, LICENSING, AND REGISTERING

Most businesses are required to obtain permits and licenses and register with the state they are operating in to be recognised as a legitimate business.

BUSINESS STRUCTURE

The choice of business structure, for example, partnership, corporation, LLC, or sole proprietorship often rules the potential liabilities and legal obligations of those running the business, including the manner in which they operate. For instance, choosing the wrong business structure may make you personally responsible for the wrongdoings of your business partners or employees.

Lawyers are also needed for startups to help you deal with three different groups:

THE GOVERNMENT

The last you would want to do when starting a business is violating any laws mandated by the government. A lawyer will help you make sure that your business doesn’t create any unnecessary tax liability and that taxes are paid correctly.

BUSINESS PARTNERS

For corporations, partnerships, or LLC, or any business form involving multiple people, it is best to establish ground rules, rights, and expectations upfront clearly in case disagreements happen down the line.

THIRD PARTIES AND THE PUBLIC

Running a business also means that you take all the reasonable measures to control risks in your interactions with users, customers, employees, suppliers, and the public.

Starting a business is considered one of the most exciting times of your life. Let our commercial contract lawyers in Brisbane handle the legal aspects while you focus on what truly inspires you. Get in touch with us today. We’re happy to help.

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