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- Joint Venture Agreement (Determine Duties and Responsibilities of Participants)
- Protect Your Assets.
- Establish Separate Entity (Personal Asset Protection)
- Determine Type of Organization (Corp, LLC, etc.) (Avoid Double Taxation Legally)
- S-Corp Election, if entity qualifies. S-Corp is a tax election made with the IRS.
- Bylaws, Shareholder Agreements or Operating Agreement (set out the guidelines of the entity for present and future needs)
- Fed ID Number for Business (the entity is a separate legal person and requires a separate federal identification number)
- Banking Issues (Banks typically require the certificate of organization (or the like), Federal ID and Bank Resolution, in order to open an account).
- Business Certificates (Some cities and towns require under certain circumstances)
- Business Licenses and Permits (Confirm whether or not you need a license or permit to operate your business).
- Leases (Leases can be 15 pages or 115 pages - don't enter a lease without having an experienced Business Attorney review it first - the risks of signing absent attorney review, are significant and could be costly).
- Employer Posters Required by Law (Confirm that you have all required employer posters and notices).
- Insurance (Insure your business and your directors/managers as an additional means of protection).
- Register with State for Sales and Use Tax, etc. (Confirm whether such registration is applicable to your business and which states you need to register in).
- Establish Payroll System* (Corporate dividends for each shareholder-employee, should not exceed the gross pay received in wages for such shareholder-employee).
- Trademarks (Protect your trademark rights by properly registering your marks and giving notice of your claim to such rights).
- Copyrights (Protect your copyrights with proper notices and registration)
- Patents
- Website Compliance (Utilize comprehensive Terms of Use, Privacy Policy, Copyright Infringement Warning, etc.)
- Agreements:
- I-9 Forms and Immigration Law Compliance
- Mergers and Acquisitions
- Domestic and International Subsidiaries
- Franchising
- Exit Strategy
- Business Sale or "Wrap-Up"
- Protecting Wealth
Do not rely solely upon this checklist. Schedule a Free Consultation with an Experienced Business Attorney for advice regarding your particular situation. After the Free Telephone Consultation, Michelle will provide you with a Free Written Analysis of your goals as she understands them, corresponding legal issues, costs involved, etc.