It should come as no surprise to prospective entrepreneurs that starting your own business can come with some level of risk and seriously hard work, as a business lawyer New Haven, CT trusts from Eric Lindh Foster Law, LLC can attest. As a small business owner, there will be much to consider. You must take the time to plan the start of your business carefully. Not only will this help you lay the foundation for success, but you will also have a clear picture of how to navigate even the most challenging of situations.
Starting a business on your own can be incredibly overwhelming, which is why working with a business owner can play a crucial role in answering any questions you may have.
When an Idea Turns into a Business
At our law firm, we admire people who put in the work to start their own business. Businesses often begin with just a spark of an idea that eventually develops into something tangible and exciting! Once you have that idea, you may wonder what the steps are to making it come to fruition. Choosing and forming the entity of your business can be done on your own. However, once you get going and start hiring employees or start getting orders for goods or services, then you may want to consider speaking with a business lawyer for sound advice on how to protect what you have built thus far.
Choosing a Business Structure
Once your business idea has been formed, a lawyer from our team can help you choose which business structure is most ideal for your company. Most states have information online about the different kinds of business entities you can pick from, whether that be a sole proprietor, LLC, partnership, or corporation. Figuring out which structure will suit your needs depends on how many owners there are, financing, and what you are selling or services provided to consumers.
Business Name Availability
There may be nothing more disappointing than brainstorming about the perfect company name, only to find out it is already taken or your name is too close to another business that it would cause confusion. There are some legal steps in naming your business, but this can be quickly done with assistance from a lawyer. The initial thing you have to do is check whether your name is available in the state of Connecticut. There is a business name database online we can show you that lists business names already registered for the state. There are also instructions for how to check for the availability of a name and reserve your business name if you wish to do so right away.
Operating Your Business
After the business formation steps are complete, you can spend the energy getting your business running and strategizing the best ways to market your goods or services. We suggest browsing various online platforms to decide what kind of online presence you want to have. Some platforms are free, and others may charge a monthly fee. You can reach more people by having a website, Instagram, Facebook page, etc.
Depending on what your business does, we may need to help you draft contracts or agreements for the goods and services you provide. You may also need to obtain permits and licenses for your business. While there is information online about this, having a real person talk with you about your specific business circumstances can make all the difference in properly protecting your interests.
What is the best type of business structure for my business?
Choosing the structure of your business is the most important element in starting your own business. Your business lawyer can play a key role in helping you to choose the best business formation that works for you. Types of business structures include:
- Sole Proprietor
- Limited Liability Company (LLC)
What is a business plan, and what should be included in the plan?
When starting a business, you must develop a business plan. A business plan is a roadmap to your business. Not only does it help you to outline how you will start your business, but it will provide a roadmap for your future. A business plan should include:
- Executive Summary
- Description of Your Business
- Market Analysis
- Financial Plan
Why are business contracts necessary?
Business contracts are essential parts of any business. A business contract is an agreement that is made between two parties. Business contracts are incredibly important for several reasons:
- They offer both parties protection
- Clearly outline the terms of the agreement
- Help to prevent conflicts from arising
- They provide security to both parties
Should I hire employees, what do I need to know?
If your business is one that warrants employees, you will want to take the time to educate yourself on matters involving employment law. Managing employees can be challenging; if you do not have the proper understanding of employment laws, you could find yourself in hot water. In some situations, improper management of employees can be the downfall of your business. Working with a New Haven, CT business lawyer can assist you in understanding the critical components of employment law, including:
- Family and Medical Leave
- Workers’ Compensation
- Labor Laws
- Workplace Safety
- Civil Rights Laws
How can a business lawyer assist me with my startup?
As you know, there will be a lot to consider when starting your own business. While owning a business is a significant undertaking, it’s important that you at least consider the guidance of a business lawyer. While you may not want to take on the expense of a lawyer’s services, they can come with exponential benefits. A lawyer can help you to form your business structure in a way that works to your advantage in addition to ensuring that no omissions are made.
Starting your own business can be incredibly rewarding. However, with this newfound sense of freedom and excitement to be your own boss, also comes incredible responsibility. As a small business owner, you must carry the financial burden of owning your own business all on your own. Working with a business lawyer can help in mitigating this burden. Take advantage of the guidance a business lawyer has to offer by contacting an experienced professional today.
Pros and Cons of Different Business Structures
There are several different ways to structure your business. A business lawyer in New Haven, CT, at Eric Lindh Foster Law, LLC can help you decide which one to choose. Each has its own advantages and disadvantages. These are a few of the most common options.
With a sole proprietorship, there is no legal distinction between you and your company. This means that you pay personal income taxes on the profit that you receive from running your business and there is no need to file a separate form on behalf of the company. A sole proprietorship is easier to set up than other business structures and is the least expensive to organize.
The major disadvantage of a sole proprietorship is that you are personally liable for any claims against the company. This means that if someone else wins a civil lawsuit against your company, you must pay the damages out of your own pocket unless you have errors and omissions insurance.
A corporation is considered a separate entity from you, its founder. It is the most complicated and expensive business structure to create, and because there may be financial consequences if you make a mistake, you probably want to consult a business lawyer in New Haven, CT, during the process.
There are two different types of corporations: C-corporations and S-corporations. Both types limit liability for its owners and founders. This means that, if someone receives a legal judgment against you, only company assets are used to pay the damages; your personal assets remain safe. The major disadvantage of a C-corporation is double taxation: You have to file an income tax form on behalf of the company and then pay taxes on the profits you received on your personal income tax form. S-corporations avoid double taxation while still providing limited liability but are restricted in other regards.
At its most basic, a partnership is similar to a sole proprietorship except that, by definition, a sole proprietorship is run by only one person, while a partnership has to involve at least two owners.
There are different types of partnerships. A general partnership is the simplest type. In a general partnership, all owners share personal liability for damages and debts against the company. A limited liability partnership provides some protection to the owners’ personal assets.
The decision of which business structure to choose is one of the most important when starting a new company. It is also one of the first decisions you should make as it affects most of the other choices you have to make. A business lawyer in New Haven, CT, at Eric Lindh Foster Law can help you examine your options and make an appropriate decision.
3 Steps To Help Your Small Business Succeed
Small businesses make up over 95% of the American economy, making them the backbone of the nation. Nevertheless, many new start-ups fail within the first five years. At Eric Lindh Foster Law, LLC, you can speak with a business lawyer in New Haven, CT, who can explain the unique challenges you face and help you work out a strategy for success. There are other things you can do right away to help turn the odds in your favor.
1. Connect to Something You Are Passionate About
A lot of business gurus tell you to start by identifying a problem that you can help solve by starting a business. That’s not bad advice, but a competent business lawyer in New Haven, CT, will tell you to go a step farther and identify a problem that you feel very strongly about because it affects your life in a significant way. The more personally invested you are in trying to solve a problem, the harder you will work at it and the more dedicated you will be to the hard work required to make your business successful.
2. Identify the Unique Value You Offer
You may think that you have a completely original idea but before long, you may find that you have competitors in what you believed was a unique field. This could mean that other people are capitalizing on your success, but it is just as likely that the same problem that has affected your life is also motivating other people to try to do something about it. None of that matters to consumers, however. They will go to the company that offers the best goods and services, not necessarily who got out there first. Therefore, you should be able to identify what makes your company uniquely qualified and emphasize this when you communicate your message to potential customers.
3. Take a Public Role
Large corporations and conglomerates have a lot of advantages over small business owners. However, one advantage you have that they lack is that you are a real person with a face and a story. It is hard to connect with large, faceless corporations, and many consumers would much rather build a professional relationship with an individual. Therefore, you should not only be the founder of your company but its face. Share your story directly with customers and invite them to tell theirs as well. Start a conversation between you and the public and let them get to know you as a person.
It is difficult to start a successful company completely on your own. A business lawyer in New Haven, CT, from Eric Lindh Foster Law, LLC, can help you at start-up and stand by you during any legal challenges you may face later.
Qualities to Look for in a Business Lawyer
If you’re starting your own business, one of your first steps should be to hire a business lawyer. He or she can help you with the legal aspects of your business and protect your best interests. Here are several qualities to look for in a lawyer:
- Experience: Different business lawyers specialize in different fields. Some have experience in the technology field, for example, while others specialize in the retail field. Although it’s not required, you should still try to find a business lawyer who specializes in your particular field. This way, he or she will be aware of all the changes in your industry and give you the proper legal advice.
- Communicative: When you have an important legal question for your lawyer, you should be able to reach him or her fairly quickly. If you have to play phone tag or wait days for your lawyer to call you back, he or she probably isn’t the right person to help you. Additionally, a business lawyer should take the time to explain any legal terms you might not be familiar with. Dealing with the legal aspects of a business can be overwhelming, so it’s important to have a lawyer who thoroughly explains everything.
- Problem Solver: A skilled business lawyer should have excellent problem-solving skills. Instead of offering you mere compromises, he or she should be able to come up with solutions. When you’re drafting a contract or facing litigation, for example, you need someone to guide you and protect your best interests.
- Assertive: When your business is facing serious matters, like contract disputes, it’s critical to have an assertive lawyer on your side. Your lawyer should be able to stand up for your rights and not be a pushover.
- Workable Fee Structure: Before you hire a business lawyer, you should first make sure that you’re comfortable with his or her fee structure. The majority of business lawyers work on a mixture of hourly and fixed fee billing. For example, if your business is dealing with a very complex issue, like contract negotiation, it can be tricky for a lawyer to determine how much time it will take, so hourly billing makes the most sense in this case.
- Good Rapport: A business lawyer could be very skilled in the field, but if you don’t feel any chemistry, it might not be wise to hire him or her. It’s important for you to be able to get along well with a business lawyer so you feel comfortable voicing your questions and concerns. The better your relationship is with your lawyer, the better off your business will be.
Contact Eric Lindh Foster Law, LLC today to learn more about how a business lawyer in New Haven, Connecticut can be of help to you and your business!
What Is a FEIN, and Do I Need One for My Business?
Businesses can be formed and registered in many different ways, and they have to meet certain legal requirements depending on the method of formation and registration the owners choose. Some businesses, for example, need to have a number referred to as a FEIN to file taxes and meet other regulatory needs, while others do not.
A FEIN is a Federal Employer Identification Number and is sometimes referred to simply as an EIN. This number serves almost like a person’s Social Security number, except it is associated with a business entity. Most businesses need an EIN; except perhaps sole proprietors, who can use their Social Security numbers in place of an EIN for many of their business transactions. A business lawyer in New Haven, CT can determine what your business may require.
However, if you are a sole proprietor, having an EIN can help you keep your own personal information secure. There are transactions during the course of your business where you would be required to provide a tax identification number, and the EIN would meet this requirement without you having to give out your social security number. With the possibility of identity theft, the EIN can be a good security measure.
As a New Haven, CT business lawyer can explain, the IRS states that you will need an EIN, even as a sole proprietor if you meet any of the following criteria:
- You have employees
- You operate your business as a corporation or a partnership
- You file any of these tax returns: Employment, Excise, or Alcohol, Tobacco and Firearms
- You withhold taxes on income, other than wages, paid to a non-resident alien
- You have a Keogh retirement plan
- You are involved with certain organizations
If you decide you need an EIN for your business, applying for one is not difficult and can be accomplished in a fairly short amount of time if you have all the information readily available. You can apply for an EIN by mail, fax, telephone, or online via the IRS website. There is no charge to apply for an EIN.
When your business is assigned an EIN, it becomes the permanent number associated with that business and is not given to other businesses, even when you do not use it. The IRS provides ways for business owners who no longer wish to use the EIN associated with their business to close out their IRS account on that EIN. You can use this option if you apply for an EIN and decide you do not need it, never use it, or your business closes down before you get a chance to use it.
How Can a Business Lawyer Help My Small Business?
So you’ve started your new business and are wondering: “Do I really need a lawyer?” or “Will my business suffer if I don’t hire a lawyer?” Hiring a lawyer to represent your business may seem like something only large-scale businesses need. But small businesses need representation and guidance too. Here are a few reasons hiring a business lawyer in New Haven, CT, can help your small business.
A Lawyer Can Help With Licensing, Registration, and Permits
Running a new business means filling out forms: forms for permits to run your business, forms for licenses to authenticate your business, forms for registering to operate your business. Eric Lindh Foster Law, LLC can help guide you through the process of registering with local and federal governments, obtaining licenses of operation, and gathering the correct permits to get your business up and running.
A Business Lawyer in New Haven, CT, Can Write Your Contracts
All businesses run off of contracts. Small businesses sometimes have partners, hire out work to contractors, make arrangements with suppliers, or even have agreements with investors. All of these commitments need a written bond to legally bind both parties to their word. When it comes to contracts, you’ll want to get it right the first time as the alternative could put your business in hot water. Hire a small business lawyer to help you write your contracts to prepare for any trouble that might come your way.
A Lawyer Can Help Shape Your Business
Small businesses can take on many shapes and forms depending on who is going to run the business, where will the funding be coming from, who are the beneficiaries of the business. The shape of the business can change if it’s a Sole Proprietorship, a Partnership, a Limited Liability Company, or a Corporation. Eric Lindh Foster Law, LLC can help you through shaping your business into exactly what it needs to be.
A Business Lawyer Can Guide You Through Taxes
Taxes are often the most intimidating part of running a business for entrepreneurs launching out on a business venture. With so many options and alternatives, who is to know exactly what records should be kept or what forms need to be filled out. A lawyer can help you learn how to prepare for the future. Take all the guesswork out of the equation and hire a business lawyer in New Haven, CT, to guide you through the process before tax season begins.
To learn more, contact Eric Lindh Foster Law, LLC to speak with a New Haven, CT business lawyer. Call our office to schedule a free and confidential consultation.
Specialties of a Business Lawyer
A business lawyer can provide legal advice to almost all aspects of a business which can be very beneficial to a small business that may not be familiar with the bureaucratic process of enacting its business model. A business lawyer will be able to ensure that a company complies with local laws and regulations.
They will also be able to offer advice and guidance from the formation to the dissolution of a business. A business lawyer in New Haven, CT will be at your disposal to assist with handling lawsuits, reviewing contracts, overlooking staff manuals, and enforcing policies. As you can see, working with a business lawyer has some important aspects of creating and maintaining your business.
Here are some more specialties of a business lawyer:
- Composing a business plan to represent any potential investors.
- Research a name or logo for your business that will be free of copyright or trademarks.
- Creating partnership agreements.
- Lawsuits that your business may be involved in whether directly or indirectly.
- Dealing with federal entities filing complaints or investigating a business.
- Describing any confusing or complicated aspects of submitting necessary IRS forms and maneuvering through your business’s taxes.
Having a business means that it will most likely be involved with legal issues. Legal issues that could involve corporate compliance, real estate, and even dealing with employment law regularly.
If you plan on buying, selling, or managing a company, purchasing or leasing real estate, and hiring or firing employees then having a business lawyer on your side could be extremely beneficial.
How Do I Know If I Need a Business Lawyer?
Consulting with a business lawyer is a good idea when it comes to forming a business, managing a business, transferring a business, or if you are having trouble with your business. A lawyer can help with:
- Drafting and reviewing documents
- Mergers and acquisitions
- Corporate compliance
- Business formation
- Managing employees
- Leasing and licensing property
Some of the legal documents that pertain to business can be difficult to navigate and to understand and with the help of a skilled and knowledgable business lawyer, those worries could disappear. Working with a business lawyer means that you can focus on your business and its path to success.
When Should I Schedule a Consultation?
Reach out to a lawyer as soon as you can to get a better idea and guidance of your situation and to help create a strong plan for your business.
Working with a business lawyer in New Haven, Connecticut could be the best next step that you take. Make an appointment with Eric Lindh Foster Law, LLC today.
How Can a Lawyer Assist Your Business?
Your business lawyer can assist your business in a large number of ways. As you start to develop a relationship with them they will learn the needs of your business and be able to make recommendations to improve any area that needs it. Here are some more reasons how a lawyer can assist your business:
Launching Your Business
Before you even get your company off the ground, using your lawyer’s guidance and expertise is a good way to start. They can help you create a strong legal foundation that can protect you in the long run.
Your business lawyers are going to be well-versed in the pros and cons of each type of business formation. Often you’re going to have to decide between the limited liability company (LLC), a sole proprietorship, a partnership, or a corporation. Each of these has different degrees of liability and tax obligations which a lawyer can walk you through. When you decide what type of business formation is going to work best with your ideas you start off your business for long-term success.
Crafting and Enforcing Contracts
The best protector for your business and its assets are strong contracts. These legally binding documents are essential to various areas of your company. Having a business lawyer who can expertly write and review these documents is critical to success. You can often avoid an ugly situation down the road by the terms of your agreement in writing.
When you start to deal with clients it is vital that there is an understanding of what you will provide as a business and how you will be compensated. Depending on what your company does need, a business lawyer can create a contract template that’s completely customized to your business needs.
Protecting Your Property
It is imperative to protect your business assets which include your intellectual property and your tangible property. A good business lawyer is going to ensure they take all the necessary steps to protect both. Everything from product plans to client lists are valuable assets to your business and with the nondisclosure agreement, you can protect the information from an unfortunate breach.
What do you Look For in a Good Business Lawyer?
No matter what type of lawyer they should have experience and be willing to build a strong relationship with you to learn more about your industry. Here are some of the things you should look for in finding the right business lawyer for you:
How Much Experience They Have
Many lawyers specialize in different fields so should search for one with extensive knowledge and experience in your legal matter. This means if you need to hire a lawyer for a large case, you should find a lawyer who has the experience and handling similar cases to yours. If you need to hire a lawyer to help you manage ongoing legal matters, then you should find one with years of experience handling many legal issues for businesses. You should also ask the lawyer if they are well connected and have colleagues within their network who operate in different areas of business law. This can tell you if they have resources to contact in the event they were to come across a challenging legal matter when working with your company and need assistance.
How Familiar They Are With Your Industry
Some industries are more complex than others, so your lawyer should know how yours operates. If you work in an industry with complex legal rules and regulations, your lawyer should stay up to date on these to help you navigate through any restrictions that can happen. They should also know what your business does and the type of services or products you provide. But understanding what your company does can help them build a legal strategy that allows them to know enough about your business and how to defend and represent that properly.
Willingness to Teach You
Legal terms can be challenging to understand, and if your business is undergoing a legal situation, you should know the events taking place and remain aware of where your business stands. By having a good lawyer on your team, they can help you understand the complexities of the law and be able to break down any legal issue in a way that you will understand so you can work through it together. If they aren’t willing to teach you, then they aren’t the right lawyer for you and your team.
“EXTREMELY satisfied with this firm. Attorney Foster and his assistant, Sara are amazingly helpful and insightful. Highly, highly recommend!”