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Common Small Business Mistakes
Not Getting an Experienced Corporate Attorney
Every growing business faces issues that require the services of
an experienced attorney. Issues such as stock-option plans, employee
negotiations, state and federal tax rates and intellectual property
rights all require a corporate lawyer experienced in representing
start-up and emerging companies. And though such attorneys charge
more than generalists do, the money you spend on experience will
save you time, aggravation and money in the long run.
Ignorance of the Law
Just because laws are numerous and complex doesn't mean your business
can ignore them. Learning a little about the following basic areas
of the law can keep you out of legal hot water:
Basic contractual rules
How to protect your ideas and inventions (copyright, patent,
trade secrets)
Major employer-employee laws
Securities laws affecting how you can raise capital for your
business
Governmental regulation of your industry.
Not Keeping Proper Corporate Records
Improper record keeping can cause problems with the IRS, hamper your
ability to raise equity capital and could result in personal liability.
And yet, small businesses are notorious for failing to keep the records
required for incorporation. Failure to document meetings of the Board
of Directors and shareholders, failure to record stock issuances and
failure to document stock transfers are common infractions of the
guidelines that protect the status of corporations.
Not Clearly Documenting Partners' Rights and Responsibilities
Founding shareholders or partners should have an agreement that
answers the following questions:
How much time and effort is each person expected to contribute?
How much capital will each person contribute?
What happens if the business needs more capital?
What happens if one person leaves the business?
What happens if one person dies?
Will the stock or partnership interest be bought back from the estate of the deceased or from the person leaving the business?
Starting the Business as a General Partnership Instead of a Limited
Liability Entity
Under many states' laws, the partners are jointly liable for the debts
and obligations in general partnerships. If the business encounters
a problem, all of your investment in the business - as well as all
of your personal assets - is at risk. There are other legal options
that avoid liability - corporations, LLCs and limited partnerships,
for example.
Getting Involved in Litigation
Litigation fees can be astronomical, and they can quickly drain
management time and resources. Consider alternative means of dispute
resolution, such as mediation or arbitration. Or, if a reasonable
settlement offer is available, think seriously about taking it instead
of spending more time in litigation.
Ignoring Intellectual Property Issues
Even low-technology companies have intellectual property issues
that may be important for the future success of the business. For
example, do you require your employees and consultants to sign Confidentiality
and Invention Assignment Agreements? Have you registered for a trademark
for an important company logo or product? Do you put copyright notices
on your written information? Are your trade secrets adequately protected?
The federal securities laws are regulated
In the chaotic securities markets of the 1920s, companies often sold stocks and bonds on the basis of glittering promises of fantastic profits - without disclosing any meaningful information to investors. These conditions contributed to the disastrous Stock Market Crash of 1929. In response, the U.S. Congress enacted the federal securities laws and created the Securities and Exchange Commission (SEC) to administer them.
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News about Small Business Lawyers.com cases in Florida and nationwide:
OPIC Opens Small Business Center
WASHINGTON, D.C. – The Overseas Private Investment Corporation (OPIC) today opened the OPIC Small Business Center, a new resource designed to impro... Read more >
Definition:
Money obligated for goods and services received during a given period of time, regardless of when ordered or whether paid for.
Accounts Payable
Definition:
A liability arising when a vendor provides goods or services that are not immediately paid for and where the liability is not formalized in writing but backed by the reputation and credit worthiness of the debtor.
Working capital
Definition:
Current assets minus current liabilities.
If you live in the following cities and need an business law attorney you should contact
our Business Law Attorney as soon as possible:
Apopka
Boca Raton
Boynton Beach
Brandon
Clermont
Daytona Beach
Deltona
Dunedin
Fort Lauderdale
Gainesville
Hallandale
Hialeah
Hollywood
Jacksonville
Key West
Kissimmee
Lake Wales
Lake Worth
Lutz
Melbourne
Miami
Miami Beach
Middleburg
North Miami Beach
Opa Locka
Orange Park
Orlando
Ormond Beach
Oviedo
Palm Harbor
Panama City
Pensacola
Pompano Beach
Port Richey
Riverview
Tallahassee
Tampa
Valrico
West Palm Beach
Winter Park
Winter Springs
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