business legalities

5 Tips To Ensure Your Business Is Legally Compliant

In the world of small business, I have watched what seemed would be highly successful small businesses falter just because they were not legally compliant in some easily overlooked area.

There are many areas that should be examined to ensure your business is legally compliant.

Now, I am not an attorney and I highly suggest you consult one on business compliance issues and questions, but over the years, I have discovered some absolutes about being legally compliant in my business practices. So I am giving these 5 tips to help you.

Ensure Your Business Is Legally Compliant Tip #1: Make Sure You File An Annual Report

If you are registered as an LLC or incorporated, most States require you to file an annual report. These normally consist of a few basic questions such as:

  • The location of your business
  • Name and location of a registered agent if you have one
  • And the names and addresses of directors of the business

Ensure Your Business Is Legally Compliant Tip #2: Keep Clear And Up To Date Records Of Business Transactions

This should be common sense, but I have seen some slip up on this.

This ensures that the business is free of corruption, plus the records are always available for tax or internal audits.

Ensure Your Business Is Legally Compliant Tip #3: Make Sure You Are Paying Minimum Wage (at least) To Any Employees

Minimum wage is mandatory if you hire any full or part time employees. It is not mandatory with contracted persons as long as there is a contract and you are not treating them as an employee. And in most cases, a contracted person is not going to accept any “deals” that would put them under the minimum wage.

This link tells minimum wage standards in most countries.

Ensure Your Business Is Legally Compliant Tip #4: Have A Hefty Legal Budget

Let’s be blunt here… Stuff happens! And we must use the Boy Scout Motto – Be Prepared!

I suggest that from every dollar of net income, at least 10 cents goes into the legal budget. Having a separate account just for any legalities can make things much easier.

There are always legal costs. And not to mention those accidents that can happen. Having an attorney you can call on anytime is just plain wise business.

I know many entrepreneurs have had issues with budgeting. I developed an application a few years ago that has helped many get a handle on business and personal budgets. Click here to check out the Expense Tracker and see how it can help you with your budgeting objectives.

Ensure Your Business Is Legally Compliant Tip #5: Privacy

Europe just instituted new online privacy rules and I believe the United States will soon follow suit. I suggest that if you collect data from website visitors, you first ask their permission to do so.

Privacy is a major concern as more and more criminal elements are using simple data to cause extreme problems for individuals. But, if we are upfront with people, they will gain trust and respect.

Conclusion

Legal compliance is an ever-changing beast. So it is important that communication is always open and transparent. If any person mentions possible legalities, I suggest you research it immediately.

Again, I am not an attorney and I suggest you consult a business attorney in your locale. Remember that legal compliance can change from one city to another, state to state and country to country.

I hope this post helps you consider business legal compliance. If you have any questions or feedback, just post it below.

Thank you.

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8 Legal Tips For Entrepreneurs – To The Top Tuesday

It is a part of business that is ultra-important, but it many cases, legal issues and possibilities are often not discussed. Many entrepreneurs just hire an attorney (hopefully, at least) and throw the business legal responsibilities to them.

And do they know for sure that attorney can cover all the legal needs required in the business?

Did the entrepreneur ask the questions to ensure this attorney is knowledgeable in the legalities his/her particular business will require?

Many attorneys specialize in certain areas and a patent attorney may not understand labor laws.

Of all the legal tips I am going to give you today, make sure that this one is at the top of the list…

Disclaimer: I am not an attorney, so all the tips I am giving should be double checked by your attorney.

Legal Tips #1 – Question and make sure the attorney you contract can cover all your business needs or at least has a network of other attorneys versed in those areas.

I am going to give you 7 more legal tips you need to know as an entrepreneur. I suggest you print these or write them down.

You don’t want any small or large legalities becoming a roadblock to your entrepreneur dreams.

Legal Tips #2 – Your Business Structure

You may be better off setting your business structure up as a Limited Liability Company or a Corporation.

By doing so, you will protect your personal assets and it can also give you some good tax advantages.

Legal Tips #3 – Budget Enough

Legal costs can get somewhat high. I would say that if you have a legal budget in mind, add another 20% to it.

You never want to “low ball” your legal budget.

Legal Tips #4 – Get It In Writing

While an oral contract is binding, you still have to be able to prove it was said.

Why go through that stress?

Make sure everything is in writing. Even if it is just an email between the 2 parties, that is much better than a he/she said scenario.

Legal Tips #5 – Advice Could Haunt You If Not Protected

While it is not something that happens often, it does.

As entrepreneurs, we tend to share tips and advice. And if an individual follows your advice but something goes drastically wrong, they could possibly attempt to blame your advice.

The best protection against this is simple liability insurance. I suggest you speak with your business insurance agent about this.

And make sure you have all the other business insurance you need in the process.

Legal Tips #6 – Have A Clear Understanding Of Employment Legalities

While many small businesses are relying on independent contractors, freelancers, you need to be completely aware of all the legal definitions are between independent contractors and employees.

By understanding these legalities, you will keep your business on the good side of the Internal Revenue Service.

Legal Tips #7 – Make Sure Your Business Website Is Compliant

This is an area where many young entrepreneurs have made serious mistakes.

Your business website must have a privacy policy that covers how you use personal information from website visitors. You should have an attorney study that privacy policy to make sure you are compliant.

This also goes for a terms and conditions page. Keep in mind that you need to tell website visitors if you are promoting affiliate links.

Legal Tips #8 – If There Are Co-Founders, Have A Buy/Sell Agreement

It isn’t necessarily an exciting subject but when you have partners, you have to ensure there is a plan in place if 1 wants out or dies suddenly.

This is an area where having an attorney present is the wisest way.

Conclusion

To be quite honest, I am just slightly “touching” on the many legalities that entrepreneurs can have. There are many others such as:

  • Licenses
  • Leases
  • Trademarks and/or patents
  • Etc…

I highly recommend that you study all your legal subjects and consult with an attorney before you follow through with starting your new business.

This post is not written to frighten you, just open your eyes to the various things that must be done.

Again, I am not an attorney, so be sure and seek out a professional’s advice.

If you have any questions I have no problem with trying to give an answer or guiding you to a person who can answer it. Just post it below.

On the lighter side, I can help you with your home business. You will surely find the 3 in 1 tools in the Home Business Success Kit a great help. Just click here and learn more.

Thanks for visiting and will you please share this important information with your social friends?

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Eric Tippetts

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