If you are running a home business you know that there is so much more to being successful than simply hanging out a shingle advertising your availability. After all, you know that there are stringent rules and regulations with respect to the formation of a business and you do know that failure to follow these legal guidelines could result in problems of a variety of kinds, all of them costly.
Yet did you know that in spite of your best efforts to keep all your activities legal, you might still be breaking some laws? For example, while you know that you are required by law to observe important health and safety codes when opening your home beauty salon, did you know that you need to obtain specific licensure from the state and even county to do so?
Beauticians must be licensed so as to ensure that they are considered well qualified by the board that oversees this business, and it makes no difference if you work in a big salon or for yourself as part of your home business. Make sure you have the licenses you need and display them as directed. Another area that many home business owners neglect to peruse is the topic of insurance.
While you most likely carry some home owners insurance, do you also have insurance for your business? Do not think that your home owners policy will cover the fall of a customer who visits you as part of your doing business. As a matter of fact, many policies specifically exclude home businesses from their home owner coverage.
Thus, it is imperative that you not only read your policy and understand the limitations but that you also understand what kind of coverage you will need to protect yourself and your clients. Bonding is another tricky question that many home business owners may not know they need. If you are a notary public, for example, you will require bonding.
The same could be said for any other kind of business that carries the risk of making grievous errors which could result in extreme legal consequences. To protect your personal assets from being awarded to someone in the case of a lawsuit, it is wise to go ahead and be bonded to prevent any of your own money to become part of a potential judgment. A rarely considered question of legality crops up when it comes to signage for your home business.
If you live in a covenant controlled community, you will already be familiar with the fact that not everything is permitted. Yet the city and county also may have rules and regulations when it comes to the size, color and number of signs advertising your home business. Failure to comply with these rules will result in costly fines and a loss of your signs.
Business And Legal Affairs
You have the business idea, a plan and enough finance to start off your own home business. What's the next step? How do you ensure that your home business is legal? Obviously you want to be on the right side of the law. You do not want to be penalized for some illegal activity six months down the line. We've put together a list of 5 important things you need to get before opening up your business to your clients.
Go through this checklist to ensure that your home business is legal indeed:
1. Licenses & Permits: The first thing you will need to make sure your home business is legal, is a license. Contact your city office to obtain one. You will be asked to fill up a form and pay an annual fee. This license has to be renewed every year as long as you are in business. Depending on the kind of business you are involved in, you may need additional permits like a food permit, zoning permit, state occupational license and seller's permit. Contact your local county or city office for details regarding the permits you will need to apply for.
2. EIN: If you have employees, are in a partnership, or are incorporated you will need a federal Employer's Identification Number for filing tax returns. If you are a sole proprietor and have no employees, you can use your Social Security number as your tax ID number. You can obtain an EIN through the Internal Revenue Service.
3. Business name: Naming your business is very important. Make sure you don't give your business a vague name. You want your customers to remember your name and you want them to know what it is that you do. But first things first, make sure that the name you choose is not already taken. Check the telephone directories to start with, and then check with your county clerk's office. They will have all the business names in your area on file. If you decide to name your business by your surname, all you have to do is enter that name in the business license form. However, if you choose any other way of naming your business, you will require a DBA (doing business as) registration. Contact your county clerk's office. Some states always require you to file a DBA and most banks won't cash your checks if you haven't registered your business name.
4. Business insurance: Most home-owners insurance policies will not cover a home business. Your needs will vary depending on the nature of your business and whether you will have clients come to your home. Check with your agent and choose an insurance package that is appropriate for your business.
5. Legal help: We're talking about ensuring your home business is legal, right? So it stands to reason that one of the best assets it can have is an attorney. You may wonder why you need a lawyer, of all things! Take our word for it, you will need legal assistance while setting up a partnership or corporation, checking for compliance with regulations, negotiating loans, obtaining trademarks or patents, preparing buy-sell agreements, doing tax planning, reviewing business forms, negotiating and drawing up documents to buy and sell real estate, reviewing employee contracts, exporting or selling products in other states and collecting bad debts!
If you have these 5 elements in place, most of the legal requirements will have been taken care of. Of course, there will be other ongoing legal issues to deal with, as long as you are in business.
Both Obinna Heche & Akhil Shahani are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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