The Six Legal Mistakes Start-Up Businesses Make.

From Wall Street to Main Street, the engine that drives America is
small business. Every day, new small businesses are started. Most
rightly fail, because they do not have unique services and products
delivered in more efficient ways.

At Ciyou & Dixon, P.C., our Indiana business attorneys find that a
significant number of the visionaries who do succeed, do so by dogged
determination and rapidly adapting to the problems growth presents.
Nevertheless, because legal needs are often hard to identify and the
“what if” may not occur, they neglect their legal needs.

Ultimately, when the day of reckoning comes, it is difficult,
expensive, and often too late to correct them. For instance, two (2)
persons who set up shop and operate informally as a “partnership” may
have an understanding that one (1) is a greater stakeholder, but may not
see it that way later.

This fuels disputes and deflects from the focus necessary to its
operation as a going concern. Obviously, there is a balance to be
struck (too much legal focus versus too little), but the six (6) most
common business mistakes Ciyou & Dixon, P.C. attorneys observe and
handle are as follows:

  1. Business Structure/Operations: Failure to determine and properly
    establish the business structure at the outset, which has tax and
    ownership consequences: corporation, LLC, sole proprietorship, or
    partnership. In addition, even where determined, many such businesses do
    not have the proper corporate documents to properly reflect the
    business structure and typically only have documents relating to the
    legal formation, which is not sufficient. These missing documents
    typically include membership agreements and bylaws or meeting minutes.
  2. Key Contracts: Lack of contract review and attention with key
    vendors and clients is a frequent pitfall for new businesses. Related,
    policies and procedures necessary to govern employees and independent
    contractors are necessary.
  3. Insurance: Incomplete and insufficient insurance, ranging from a
    business owner’s policy, worker’s compensation, health insurance,
    disability insurance to cover other likely and/or foreseeable risks.
  4. Capitalization/Access to Capital: A lack of capitalization or access
    to capital is a key to future failure when accounts receivables and
    payables do not properly line up. Many, if not most, small businesses,
    rely on credit cards. However, these tools should be carefully used
    because of the high interest rates. The preferred plan is to have a
    secured or unsecured line of credit. In the current residential real
    estate market, home equity access is more limited, so multiple lines of
    credit are often important to consider.
  5. Intellectual Property/Confidentiality Agreement(s)/Trade Secrets:
    In addition, many small businesses that emerge in the marketplace are
    able to compete because of new approaches that need intellectual
    property protection, and be subject to confidentiality agreements or
    trade secret contracts. The failure to attend to these may cause a
    market edge or niche to be erased overnight.
  6. Payment of Payroll/Sales Taxes: A fundamental error found in many
    small businesses is neglecting the payment of payroll or sales taxes and
    directing of these funds to meet short-term capital needs. This is
    always a mistake. If the business fails, the principles will be
    personally liable for non-payment of these trust obligations. Thus, the
    failure may then be followed by years of governmental tax actions.

Starting a business is not for the faint of heart. It takes a good
idea, right timing with the market influences, and rapid identification
of and a proactive approach to legal needs. The six (6) noted matters in
this post are often the recipe for success or failure of a business
once it takes root.

Ciyou & Dixon, P.C. Indiana business attorneys frequently attend
to these issues and work with clients on business issues, navigating and
planning for these and other contingencies. The proper and successful
small business will attend to its own legal needs as carefully as it
does to its products and services.

From Wall Street to Main Street, the engine that drives America is
small business. Every day, new small businesses are started. Most
rightly fail, because they do not have unique services and products
delivered in more efficient ways.

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Mr. Bryan Lee Ciyou

Licensed since 1994

Member at firm Ciyou & Dixon, P.C.

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Mr. Bryan Lee Ciyou

Licensed since 1994

Member at firm Ciyou & Dixon, P.C.

AWARDS

BV Distinguished

RECENT POSTS