Starting a business be accompanied by potential
legal issues that are often overlooked by the first time entrepreneurs. Many
details seem worthless in the start and don’t seem to be pressing at the start
and can mean the difference between success and failure. As they say, ‘well begun is half done’. If there are
legal issues in the beginning, it can lead to downfall in the later stages of
the company.
Here are the 5 common legal mistakes
entrepreneurs make:
1. Making handshake deals with clients and vendors
Never take anyone’s word for
granted. Always put pen to your deals. Don’t naïvely assume that everyone will
work in good faith and everything will go as per the plans. This is often not
the case when things go wrong. The entrepreneurs and the vendors and clients
are different people with different thought processes and different things
might be going on in their minds. Keep a written record for every dealing you
make.
2. Choosing the wrong business structure
Whether you choose sole
proprietorship, LLP, LLC or any other kind of company, making a hasty choice
can put your business to risk. Also, this can lead to humongous tax bills at
the end of the year. For sole proprietorship, you are not required to register
for the business and it is often chosen by startups on the shoestring. In this,
there is no wall between your own business and personal assets. It’s less risky
for a company to set up as an LLC as it is less risky if the company goes under
or is the target of a lawsuit.
3. Bringing on partners without a detailed agreement
Many entrepreneurs don’t put pen to
paper in the name of focusing on business. But several problems can arise in
the meantime. No matter how much you trust your partners, you need a legally
binding agreement to distribute the work and the authority. It shows the way
your company is going.
4. Establishing a 50-50 partnership
In theory, this sounds, but
ultimately when the issues arise, it will be a problem when the two people
disagree on issues like bringing new investors or making executive decisions.
This will lead to deadlock in the management. It is difficult to divide things
after there is an equal partnership. The company is stuck in limbo.
5. Filing a trademark without doing enough homework
If you think an internet search or a
scrutiny at the Patent and Trademark office is all you need before filing a
trademark, you need to reconsider what you’re thinking. Before filing for a
trademark, you need to do enough homework on it and find out if you can
trademark what you want to.
This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.
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