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5 Tips For The Aspiring Stay-At-Home Entrepreneur
An overhead photo of a person sitting at a white table with a laptop. Books, notepads, phones, and cups are nearby on the table.It seems as though everyone these days has a side hustle on the side of their regular job, but having a successful home-based business comes with challenges of its own. From work/life balance to day-to-day operations of running a business from your home, there are many considerations for the successful entrepreneur: personal, professional, and legal. If you have or are thinking about starting a home-based business, our Small Business Consulting Service can help self-employed sole proprietors get their business off the ground and soaring to new heights! And our Home Based Business Add On may be right for you if you need legal advice and assistance 24/7 from experienced, dedicated attorneys: from reading contracts to making sure you get paid, having a lawyer in your pocket removes stress and lets you focus on what you do best. Learn more about this add-on to your Legal Protection Plan and read on for a few home-based business tips.
Make A Schedule & Stick To It
If it's work time, be working. If you're with your kids, be with your kids and not distracted doing something else for your home-based business. Setting office hours can help you get more done and keep your professional and personal lives separate. Don't answer work or business calls during family time and make sure your family knows when it's your work time... and stick to it!
Take Breaks
You can't run a successful business if you're running on empty, so make sure to set aside time for yourself as well as time for family and time for work. Get to bed early and take naps when you can. Nothing gets accomplished if you're not taking care of yourself.
Keep A Planner
Plan everything: meetings, calls, lunches, date nights, birthday parties, classes, vacations, goals, rest time, play time, and more. Anything and everything can be planned, and making sure you get to everything means making plans every day and sticking to them. Set goals for each day, week, month, and year. Don't think that you have to put dates with your spouse or lunch with your friends off to have a highly successful business; they just need to be planned in advance. You're working hard to be able to spend time with your family and friends!
Delegate Wherever Possible
When your business becomes more successful, consider hiring out some of the things that take up a lot of your time. Consider hiring a cleaning service to come in once or twice per week, set up an online system to make your appointments and meetings for you, or consider hiring an accountant to take over those tasks. As your business becomes more successful, you'll be able to find ways to create more time by delegating out tasks that take up a lot of time.
Networking
Your business will grow faster the more people you know, so building relationships with your clients and others you do business with will be important as your business grows. You may even find that, as you get closer to the people you interact with, that your professional and personal lives can bleed into each other a little here and there; for instance bringing your kids to a casual meeting or other event.
If you have questions about starting or managing a home based business, our Small Business Consulting Services and Home-Based Business add on may be good options for you. Make an appointment to discuss your business needs today!
Successfully Working With A Contractor
A pair of contractors walk through a building in progressWhether you're planning a renovation or a home repair, hiring the right contractor is extremely important. It's critical to know as much as possible about the company you're hiring to work on your house or project, getting multiple bids, preventing miscommunication, understanding any contracts, and knowing what to do if there is a dispute. Our network of attorneys through our Legal Protection Subscription Plans for Individuals & Families can help you through the entire process of working with a contractor, including going over bids, contracts, and helping you through the legal process if there should be a dispute. Learn more about all the benefits of membership and read on for a few tips on working with contractors.
The Contract
It is essential that you have a contract when hiring a contractor before work begins on your home. Get everything in writing, and make sure that your contract covers:
A complete and thorough description of the job and the work to be done
Pricing for the job and each part of the job
How and when payments are to be made
Any guarantees or warranties offered by the builder
The dates work is to begin and end
Signature of both parties
Payment
As mentioned above, an important item to include in the contract is a payment schedule. An example of this might work something like: A down payment before work begins, another payment at the halfway point in the project, and a final payment at the completion of the job. Another payment schedule might be weekly payments based on work completed to date. Having a payment schedule can ensure that the work is getting completed in a timely and correct fashion.
The Right to Cancel
The FTC and some local laws allow for you to cancel work if you need to. An attorney well versed in the laws of your locality will be able to give you detailed and accurate advice regarding your rights in this situation.
Document The Work
Take pictures, keep change orders, bills, and invoices. These items will be useful to make sure the project stays on track and on time. Make sure everything has a date on it and keep your documentation in a safe place and altogether.
What If There's A Dispute
It's a sad fact that things sometimes don't work out, and if you are unhappy with the work or the work wasn't completed and the contractor won't return your calls, an attorney will be able to walk you through the legal aspects, but here are a few suggestions of things to try:
Contact Them
Be respectful, as there may have simply been a miscommunication. If they do not treat you with respect, make sure to document the call and what was said while it is fresh in your mind. If they work for a company, contact them and explain the situation.
Send a Formal Letter
Writing a formal demand letter is often enough to get the contractor back out to finish the work. If you are not comfortable writing such a letter or don't know what to say, our network of lawyers will be able to draft and send a letter on your behalf at no additional fee. Send the registered letter through the postal service to ensure delivery.
File Complaints
The Better Business Bureau, the Contractor Recovery Fund, Homeowners' Recovery Fund, and state and local agencies can help you handle a contractor who has disappeared and/or is not returning your calls.
Get Legal Advice
Our network of dedicated, experienced attorneys can write letters on your behalf, give you legal advice, look over contracts, and protect your rights, all for one low, monthly fee.
If You're A Contractor:
Sometimes, contractors who do good work and complete a job still come across clients who say they're unhappy and refuse to pay. What can contractors do if this happens to them?
Document everything from Day One on the job.
Take photos and videos before you start work, at the end of each work day, and at the end of a job. This gives you a dated timeline of the work.
File A Lien
File what is known as a Mechanic's Lien on the property. This is a guarantee of payment for contractors, so that, when a contractor performs the work and the client refuses to pay, the contractor can file a lien and demand payment before the lien is removed.
File A Breach of Contract
When the terms of the contract are met and the customer still refuses to pay, this is a breach of contract and contractors can then take the client to court for failing to uphold the terms of the agreement.
Whether you're a homeowner or a contractor, having a lawyer in your back pocket (literally, if you use our app!), protecting your rights, your property, and your livelihood is your number one priority. With our Legal Protection Subscription plans for Individuals & Families and for Small Businesses, you can protect your rights, your property, and your work for just pennies per day!
Buying An LLC
A "Yes, We're Open" banner hangs in the foreground of a shop window with an out-of-focus couple in the backgroundIf you're interested in owning a business but aren't interested in building one from scratch, you may want to know more about buying an existing business. There are many aspects involved in buying a company – including doing research into companies you're considering, calculating what you'd be willing to pay for the business, planning funding the purchase, creating written purchase agreements – but one of the first questions you may want to ask is, what should I know before I buy an LLC? Our business consulting services and Legal Protection Subscription Plans for Small Businesses will be able to help you with the process, giving you advice on the legal aspects of your purchase while our business consulting services help you plan how to run your new company. Read on for some basics on the idea of purchasing an LLC.
Research
Finding an LLC that you are interested in purchasing may take some research, including networking with family, friends, and others about what businesses might be for sale, as business owners don't always announce that they're looking for a buyer. Conferences and tradeshows can be another place to learn about opportunities to purchase existing businesses. Your local Chamber of Commerce is another avenue to find this information.
Explore Opportunities
Once you have identified businesses that are for sale or are open to the idea, it's time to learn everything you can about the business. Find out about any issues the business may be having, look over their books, contracts, and other documentation to help you make your decision. The business will also want to learn more about you, such as proof that you'll be able to financially make the purchase. Both parties will likely want a Non Disclosure Agreement in place.
Review
Once you have all the information, make sure to give it a thorough review, sifting through banking information, credits lines and loans, taxes, any other partnerships that may exist, employment records, sales records, and more. Knowing about the business' contracts and responsibilities beforehand will give you a better picture of how the business is run day-to-day than the bottom line profit-loss statements will.
Term Sheet
Once you have made your decision on which business to buy, official negotiations begin. Compose the terms of the purchase agreement in broad strokes - it will become more detailed later - that will help you with your purchase plan and commitments from the seller and from you. As time goes on and negotiations continue, this document will become more detailed. An added advantage is that everyone involved will have the same information.
Purchase Agreement
Finalizing the deal happens with all parties sign the purchase agreement, a legally binding document that details the purchase, including the price, the terms of the agreement, what all parties are agreeing to, and any other details that impact the business, the sale, or anyone involved in the business. the document is official once everyone signs it.
Business Ownership Information
Changing over the business ownership information ensures that the business officially reflects that you are the owner. Since state laws differ regarding notification of a change in ownership, you will need to check with your state government, the IRS, and any other entities or regulatory bodies to make sure that they have updated records of the change in ownership.
While you may not need a lawyer to buy an LLC, it can make the process less stressful and may make it faster. If you have any questions regarding your purchase, with our Legal Subscription Plans for Small Businesses are available 24/7 through our app to answer any questions you may have, give you advice, and review documents, contracts, and more, all for one low monthly fee. Once you've purchased your new business, our experienced small business attorneys can help you with dozens of aspects of your new business, including debt collection, contract and document review, employment concerns, and much more! Additionally, our Small Business Consultations can help you develop a plan to grow your new business, learn marketing techniques, and learn new skills. Sign up for our Legal Protection Subscription Plans for Small Businesses today or schedule a meeting with our business consultants!
Does an LLC Need A DBA?
A store front with an open sign in a lattice window with twinkle lights in the backgroundDifferent business structures exist for a reason, and a business owner may choose one or another for various reasons, such as the number of people employed by the company, tax purposes, organizational structure, interstate commerce, and more. Many business owners do decide to add a DBA to their LLC, and there are pros and cons both for adding a DBA and for not doing so. If you are wondering if a DBA is the right choice for your LLC or have any other questions regarding your business structure, our New Small Business Consultation & Filing Package may be right for you. We will discuss your specific situation and help you decide what business structure is right for you and your business as well as perform all the research and help you fill out the paperwork! Learn more about this service and read on for more info about LLCs with DBAs.
DBAs - also sometimes called "tradenames" or "fictitious" names - can sometimes communicate better what your company does in a way that your regular LLC name can't. DBAs can be modified to reflect your industry advertising standards or attract new customers by using a unique name that's totally different from your competitors. From a marketing perspective, adding a DBA to an LLC can be a great idea, particularly if your LLC name is clumsy, hard-to-pronounce, hard-to-spell, generic, or confusing, and you can operate multiple DBAs under a single LLC. The right DBA can help you stand out in a crowded marketplace, perhaps even letting your potential customers know that you offer something that your competition doesn't.
But do you need a DBA for your LLC? The short answer is no, but there are good arguments both for and against adding a DBA to your LLC. There are differences between an LLC and a DBA, for instance, the fees usually vary by state, county, and city, but filing a DBA is almost always less expensive than filing for an LLC, and, while LLCs have to be renewed yearly, DBAs do not.
Some cities require you to publish a notice of DBA in the local paper, and the taxes for DBA are simpler than for an LLC, as you simply report your DBA's income as your own on your personal return. DBAs can also protect your privacy in that an LLC reveals your full, legal name, while a DBA doesn't.
Conversely, a DBA is simply a brand. It does not function as a legal entity or a business structure, and it does not protect your personal assets if your business is sued. Additionally, you don't own a trademark on your DBA name, so any business, even another local one, can operate under the same name as your business which can be confusing for customers, clients, vendors, and even the government. You will also need to file for a DBA in every state where you do business individually, and this adds to your startup costs.
If you are starting a small business, getting a DBA may be right for you if you have several areas or industries that you do business in or have multiple brands to do marketing for, but, ultimately, there are no real business or tax related reasons that make a DBA necessary. If you have more questions or still aren't sure what type of business entity you need to form for your new startup, we may be able to help! Make an appointment to talk about your new small business with our New Small Business Consultation & Filing Package!
CALL OR EMAIL FOR AN APPOINTMENT TODAY!
(208) 755-8335 (M-F, 10 AM - 5 PM, Pacific Time)
debbie@debbieaferguson.com
What's The Difference Between A DBA & an LLC?
Four people sit around a wooden table with a graph in the middle. Three people point pens at various areas of the graph.Choosing the type of business entity to form is one of the first things new prospective business owners must do. There are several types of business structures to choose from, and we've covered them a few times in this blog, but two of the most common ones are a DBA and an LLC. But what are the differences between them? Each structure has its pros and cons, and if you need help choosing which type of business entity to form, doing the research to make sure your business name isn't already taken, and filling out the appropriate paperwork, we have a New Business Filing Package that may be right for you.
What are LLCs and DBAs?
LLC stands for Limited Liability Company, and this type of business structure protects your personal assets and has some tax benefits. DBA stands for Doing Business As, and it is used if you are choosing to do business under a name that is not your - or your business' - legal name. For example, if your legal business name was Dave Jones Enterprises but you want to do business under the name Davey Jones' Locker, you would need a DBA.
The Pros of Setting Up an LLC
The biggest benefit of setting up an LLC is the personal liability protection, protecting your personal assets if your business is sued. LLCs are taxed as pass-through entities, which means that the profits and losses of the business are "passed through" to the owner's personal tax returns. LLCs also allow owners to run their businesses however you want, due to their flexible management structure, so your business can be centralized or decentralized depending on your needs. LLCs are also easy to set up and maintain.
The Pros of Setting Up A DBA
DBAs are even easier (and cheaper) to set up than asn LLC. DBAs can be appealing if you do business in multiple states as you don't need to fill out additional paperwork or pay extra fees.
The Cons of an LLC
Doing business in multiple states as an LLC means more paperwork and additional fees. Some states also require LLCs to have an Operating Agreement outlining ownership and the business' operating procedures. LLCs can also take longer to set up: you'll need to research your proposed business name through state databases to make sure that it is available.
The Cons of a DBA
The biggest drawback to a DBA is the lack of personal liability protection, so if your business is sued, you could be risking your personal assets. Not setting up your DBA properly can also mean that you are taxed as a sole proprietor, which means that you have pay self-employment taxes on your business earnings, paying both the typical employee share and the employer's share of taxes.
Which Is Best?
There is no clear verdict: it depends on what type of business you want to start and run. Each structure has its strengths and weaknesses and your personal and business situation will dictate which will work best for you.
If you are struggling to decide what kind of business entity to choose, we can help! With our New Business Filing Package, we'll walk you through each structure based on your specific situation and help you choose the right one for you and your new business. We'll do the legwork and research to make sure that your business name is available, fill out the paperwork you'll need to file with the Secretary of State, and help you get your federal and State Tax ID numbers, all for just $199! Learn more about our New Business Filing Package service, or sign up for our Small Business Legal Protection Plan today!
2022 Small Business Tax Deduction Checklist
A calculator and some pencils site atop a pile of US tax forms with a Post-It Note that reads "Need Help?"Small business owners are already busy people, but that workload goes way up at tax time. Making sure that you're getting every tax deduction available to you is important, and tax laws and regulations are changing all the time. If you need some help navigating the new tax laws, our network of qualified, dedicated small business tax attorneys through our Small Business Legal Protection Plans can be a life saver that's within budget. Read on for a 2022 checklist for small business taxes:
Reducing Taxable Income
Tax deductions for businesses must be "ordinary and necessary," according to the IRS, which means that these are things that are common expenses for your industry and needed for you to do business. These include:
Health Care Tax Credits for Small Businesses
If you provide health insurance for fewer than 25 employees, you can deduct 50% of the costs of premiums, and smaller employers get a bigger credit than larger businesses.
Rent
You can deduct the entire cost of your rent for business use so long as you are not receiving title or equity to the property.
Depreciation
Equipment that you use day-to-day to run your business will lose value over its lifespan, and you can deduct that depreciation. You may need assistance from a CPA or tax lawyer to determine the rate of depreciation.
Insurance
Business insurance is 100% deductible.
Home Office
If you have a space in your home where you conduct business, you may be able to take a tax deduction for this square footage.
Transportation
Some professions require travel, and this includes driving time in your local area. The standard federal deduction for mileage is .58 cents per mile. You can also itemize these costs, and that requires keeping, recording, and tracking receipts of fuel, mileage (both personal and business related, if you're using your own vehicle), maintenance, parking, tolls, and more.
Advertising
Any costs related to advertising to attract business can be deducted, including marketing efforts for gaining or retaining clients. You cannot deduct the costs of lobbying.
Education
If you have paid for employee training or training for yourself, you can deduct those costs.
Office Supplies
Provided that you do not take inventory of office supplies at the beginning and end of the year, and that you do not keep records of when office supplies were used, and that taking the deduction doesn't make a huge change to your business income, you can deduct office supplies, such as printer inks and papers, writing utensils, software, cleaning supplies, and more.
Travel
Leaving town probably means additional costs, and these are calculated separately on your taxes. Fares for planes, trains, subways, rental cars, ride sharing services, taxis, hotels, food, and more are tax deductible so long as they are "ordinary and necessary," but you'll need to keep all your receipts.
Utilities
So long as you can prove that they were for business use, you can deduct the costs of your electricity, gas, heating, telephone, and more.
Costs of Startups
Some of the costs of starting your business may be tax deductible. There are additional deductions if you start an employee retirement plan.
Salaries and Benefits
You can deduct the costs of employee salaries, commissions, and bonuses.
Charitable Donations
Any cash donation made to a qualified organization can be deducted.
Business Meals
You can deduct 50% of the costs of business-related meals, both in and out of town. Employee parties and the costs involved can be deducted at 100%. Meeting or entertaining clients where you don't discuss business cannot be deducted.
Bad Debt
Any outstanding customer debt you have been unable to collect can be deducted.
Retirement
You can deduct the cost of your own retirement plan if it is qualified.
Taxes are complicated and complex, particularly when you run a small business. You have enough to worry about without adding the stress of a possible audit to it. Our Small Business Legal Protection Plans give you access to our network of qualified, dedicated small business attorneys who specialize in tax services for small businesses. Our experienced lawyers can make sure your tax documents are correct and help you avoid audits and other nasty tax surprises. Learn more about the benefits of our Small Business Legal Protection Subscription Plans or Sign Up Your Small Business Today!
Protecting Your Small Business & Preventing Lawsuits
Three people having a conversation in an office.Small business owners are typically focused on the day-to-day operations of their companies, but lawsuits against small businesses can and do happen all the time. A lawsuit can grind business to a halt and take up valuable time, money, resources, and even your reputation. How can you protect your small business? While it's impossible to promise that your small business will never get sued, there are some steps you can take to lower your risk of litigation, and the first of these is to get a small business attorney on your side from the start. For many small businesses, keeping a lawyer on retainer isn't in the budget, but with our Small Business Legal Protection Plan Subscriptions, you, too can have the peace of mind of knowing that your legal bases are all covered. Read on for more steps to protect your small business from legal problems:
Choose the Right Business Entity From The Start
Knowing the legal requirements for setting up a business is the first thing any person who is thinking of starting a small business should do, as this is often your first line of defense for protecting yourself and your assets. There are certain legal requirements needed for each type of business entity, and you can learn more about each in our Small Business Series here at our blog.
Get Everything In Writing
Verbal or handshake agreements aren't enough to protect your small business from lawsuits. Every agreement your business enters into should be backed up in writing, the contracts reviewed by an attorney, and signed by all parties involved. These agreements can be for non-disclosure agreements, non-compete agreements, and, of course, contracts. You'll likely encounter many different types of contracts in the course of doing business, including purchasing equipment, employment contracts, vendor contracts, maintenance contracts, rental agreements, and many more. Making sure that contracts are properly prepared to be legally enforceable in your state, clearly define responsibilities and rights of all parties involved, contain proper dispute resolution, default, and termination clauses, among other items, is critical.
Understand Employment Law
If your small business will have employees or contract workers, you will need to understand the ins and outs of employment law. Consulting with an experienced, dedicated employment attorney can help you not only understand laws as they pertain to the rights of workers, but your business' rights and responsibilities, how to assemble an employee handbook with legally enforceable guidelines for employees and contract workers, unemployment, termination, and much more.
Intellectual Property Protection
One of the most complex areas of business law includes intellectual property law, which includes copyright, patents, and trademarks. Making sure that intellectual property owned by the business isn't resold by former employees, that your inventions don't violate someone else's patents or copyrights, and making certain that your branding and logos are free from infringing on someone else's intellectual property are all things that a small business attorney will be able to handle on your behalf. This includes research, preparing paperwork, and helping you address any infringement issues that may crop up over time.
Taxes
Another complex area of business is taxes. Again, a small business lawyer well versed in the ins and outs of tax law will be able to help minimize tax burdens, avoid audits, protect your personal assets, and put your mind at ease.
If the thought of your small business getting sued makes you nervous, protecting your company can be far easier than you might have imagined. Our Small Business Legal Protection Plan subscriptions can put you in contact with a small business attorney in your state who can help you navigate all legal aspects of your small business, from choosing a business entity to contracts, to debt collection, to employment issues, and much more. Learn more about all the benefits of our Small Business Legal Protection Plans, or sign up now!
When You're Short Staffed: A Brief Business Owner's Guide
A man wearing a white shirt and black apron pours champagne into rows of glasses on a restaurant counterMillions of American business owners have heard this refrain over the past two years: "I tested positive for COVID, so I can't come to work today." With so many workers out sick while the workload piles up, business owners, managers, and other employees are burning out as they cover for those who are ill. Nearly three-quarters of packing companies reported more employee absences since the start of the pandemic. If you're having problems with staff shortages at your small business, you may find it useful to create an employee handbook if you don't already have one or update your current handbook to reflect the stressful circumstances of dealing with COVID-19. Your small business attorney through our Small Business Legal Protection Plans can help you go over your handbook to make sure that all your guidelines are legal and enforceable. In the meantime, here are a few tips for dealing with staffing shortfalls:
Help Your Staff
Some business owners are very “hands off” regarding the day-to-day operations of their businesses, but these trying times may mean that it's time to pitch in. This will show employees that you care, that you don't want them to be overworked, and that it's important that the business stays running to a certain set of standards while others are out sick.
Prioritize
If you have several employees out sick, it may be time to prioritize tasks to make sure that what absolutely must be done gets done while less important tasks are put aside for later, when you have a full staff. Make a list of tasks and decide which are the most important and which ones can wait a little bit. Make sure your team members and employees are in the loop and check off the priorities list together.
Simplify
Look into if there is technology that can lessen workers' workloads or if some processes can be automated. Ask your employees if they have any ideas for how work can be streamlined.
Hire More People
It's not always possible, but if you can, hire more employees, temporary work staff, or contractors to pick up the slack. Depending on your industry, you may be able to outsource some work to freelancers until your full-time staff can safely return to work.
Ask Employees for Input and Ideas
This not only has the benefit of finding solutions from the people who do the work every day, but it lets your staff know that you're listening and know they're struggling.
Show Your Appreciation To Present Employees
Make sure that those employees who are working every day and picking up the slack know that you appreciate them. A bonus in their paycheck is a great way to show how much you appreciate their effort.
Let Your Customers Know
Most customers will understand that you're dealing with a stressful situation when your staff is out sick. Put up some signage asking for patience and don't let unruly customers bully your staff.
If you have questions about employee rights and employer rights during the pandemic, don't hesitate to talk to your small business attorney through our Small Business Legal protection Plans. Your small business lawyer will be able to help you understand your rights and responsibilities to your employees, what your employees' rights are, and possibly help you find solutions. Learn more about all the benefits of our Small Business Legal Protection Plans or sign up now!
Small Business Cyber Security Threats: Are You At Risk?
A hand holding a black key attached to a keychain with a micro SD card attached to it.As more of our lives - work, shopping, communication, and more - goes online, society is more and more at risk for hackers, scammers, and other fraudsters to try to access our information. The news nearly every day is riddled with stories of data breaches at companies both large and small; bad actors don't target the largest fish, they target the most vulnerable. Our Small Business Cyber Security Package may be a great, low cost solution to protect you, your business, and your customers from threats online. Learn more about our services and read on to learn about the kinds of threats and what can be done about them.
Malware
The term "malware" comes from the Latin prefix "mal," which means "bad," and a combination of the words "malicious" and "software." The word "malware" has come over the years to refer to a number of different types of fraudulent software, apps, and coding that can infect your computer, phone, network, database, or system. Most malware is introduced to computers by users downloading files or clicking on links in emails or on the Internet, inadvertently or on purpose. A big part of protecting your data is to be aware of what is clicked on or downloaded to your devices, keeping your devices updated, and training everyone who uses them what to look for. Here are a few types of malware:
Spyware
Spyware is a kind of program that is secretly uploaded to your computer while you are doing normal things on the Internet. Spyware can come from poorly vetted ads, misidentified links, and links sent via email that appear to be from someone you know and trust but are not. Spyware collects personal data, keystrokes, browsing history, and more and sends it to someone who collects it and then uses or sells it.
Viruses
Viruses are programs that infect your computer and alter its performance. Viruses can collect data that is saved on or accessed by your device and send it on to a third party.
Adware
This is a type of program that displays advertising, and it often comes packaged along with free software. While not always harmful, adware is generally not created with as much care as other parts of a program and can be susceptible to exploits or leave access points open for hackers.
Ransomware
Perhaps the most dangerous of all the types of malware, ransomware is a very effective tool for hackers because most of our lives are contained on electronic devices with access to the Internet. Ransomware can lock you out of your device, databases, systems, and more, and lock you out of systems you use to run your business. Hackers tend to target vulnerable businesses with ransomware because these businesses cannot afford to be locked out and unable to run their businesses for long. One way to protect your business from ransomware is to have an on-site backup and recovery system in place for your data and systems and to make sure that it is current and up-to-date. Limiting who can install software to machines on your network and making sure that those persons are properly trained is another great step.
Phishing
While most people think that they are too savvy to be taken in by a phishing scheme, it must be said that phishing has become so sophisticated that even experts have been fooled. The prevalence of phishing attempts has grown exponentially in the last few years, and the growing cybersecurity problem presented by phishing in time and money lost is staggering. Phishing starts when an attacker sends some form of communication - texts, an email, or a social media message - that appears as though it comes from someone the recipient trusts. The goal is to get someone to click a link or download software, or to provide logins and passwords via fake pages that look real. Caution is the biggest tool to avoid phishing schemes. If an email, text, or other communication is unprompted, seems dramatic, or seems "off" in some way, you should take the time to find out if the person really did send the link or request.
Third Party Software
It's pretty common these days to outsource some things to third parties, but this type of software can put your business at risk. Unless you have been able to make sure that the software and licensing agreements adequately protect your interests, you may be exposed to vulnerabilities. While how someone else puts their programs together may be out of your control, you should always read the terms and conditions and licensing agreements thoroughly to double check how data breaches are handled, what liability using the software opens you up to, and what kinds of remediation and restoration you’re entitled to in the event of a data breach.
Keeping abreast of changes in the technological landscape can be difficult for small business owners, particularly when you're busy running your business or aren't tech savvy. Our Small Business Cyber Security Protection Plans can help you head off problems before they start, and your membership in our Small Business Legal Subscription Plans can help you through any issues that you may already have. Our network of lawyers can assist you with simple cyber security questions to dealing with a complex cyber attack, and, starting at $49 per month, will pay for itself the first time you use it. Our network of qualified attorneys are available to help you with contracts, documents, debt collection and more for just one, low, monthly fee. Learn more about all the benefits of our Small Business Legal Protection Plans and our Small Business Cyber Security Solutions or sign up now!
When Should I Get Legal Help Starting My Small Business?
A group of young people stand around a desk in a modern office space while two people sit at a desk and operate a laptopIt's pretty common for small businesses to try to go it alone and not seek out help, even when help is needed. While many small businesses try to handle matters on their own, many times, it is the fear of the costs involved with bringing in professionals that prevents small business owners from seeking the help they need, particularly when it comes to legal issues. But when it comes to professional help for starting your small business, you can’t not afford to not seek out legal advice when it comes to critical issues with starting a small business, and it's a lesson that often comes too late for many small business owners. Read on for a list of crucial issues that your Small Business Legal Protection Plan attorney will be able to make easier while starting your small business, even on a shoestring budget.
Registering A Business Name
Formalizing your legal business name is the first step to starting a small business, and process is more involved than just making a logo and registering a domain name. Legal recognition of your small business means going through a process to officially register your business name with various levels of government entities. In some states, when you create articles of incorporation or organization for your business entity, you may be automatically registering your business name with your state, for example. If you intend to do business under a name that is different from your business name, you will need to register a DBA (Doing Business As) with your state. Doing business in multiple states means that you may want to protect your business name at the federal level, which means registering your business name with the U.S. Patent and Trademark Office.
All of these options mean that you have to research whether your business name is available in all of these databases, and an experienced small business attorney can help you with the process of research and registering your business name with all the relevant agencies required for your business and business structure.
Creating a Business Entity
Creating a business entity protects your personal financial assets from potential corporate debts and obligations, and while many people attempt to form and register their business entities themselves, the process may be complex and a lawyer well versed in the creation of business entities can make this process quicker and easier than doing it on your own.
Creating a business entity means choosing the right option for your business and industry. There are several options: LLCs, partnerships, LLPs, or forming a C-Corp or S-Corp. Each of these types of entities differ in both large and small ways, and which ones will be a good match for your business and business style and industry can be a complex question to answer. Without experience or knowledge in creating business entities, you run the risk of making the wrong choice for your business.
Once you choose and entity type, there is paperwork to be filled out and submitted to various government bodies, and mistakes can cost time and money, both in the long and short term. And if this seems complicated, we haven't even touched on articles of incorporation or organization and will need to be created.
Getting these early choices right is important and working with an experienced small business consultant or attorney from the beginning will save you time and money. Learn more about our New Small Business Filing Package!
Contracts
As a small business owner of any type, you will work with contracts for both internal and external reasons. Many small business owners aren't prepared with basic internal contracts and documents to start or grow their small business.
Contracts protect you and your interests, so it is important to have the right documents in place to cover all aspects and details of your business and day-to-day work. From partnership agreements to contractor agreements; from employment contracts to vendor and sales documents, it is important to have legally binding contracts written and on hand from the first day you start your business. You can't rely on templates from sites on the Internet to keep you and your assets fully covered as these types of generalized documents almost never cover state-specific needs, industry specific needs, or the specialized content you may need from your contracts based on your type and style of business.
Companies that your business will work with - rental agreements for office space, suppliers, equipment sales and repair, contracted workers - will all have contracts for you to sign, as well, and it is important that you understand what responsibilities you're agreeing to for you and your business with each one. Your network attorney under our Small Business Legal Protection Plans can look over contracts for your business and contracts given to you by businesses you work with and help you understand the terms before you sign.
Intellectual Property
Your business is built on your ideas or intellectual property, so it is important to protect that value. Your ideas and creations as well as the process and knowledge to create your work, your customer lists, skills, and branding are all intellectual property that should be protected the same way you'd protect physical property. Your intellectual property - depending on what it is - could be protected by trademarks, copyrights, or patents, and knowing which you need and the process for acquiring each can be complicated. You will want to make sure that you are getting the appropriate protection for each, and an experienced small business attorney, like those who are part of our network of legal firms, can help you navigate the process particular to your business and industry, getting you the protection you need. Registering your patents, trademarks, and copyrights means that you can take legal action should someone violate your intellectual property.
Getting Legal Help For Your Small Business Doesn't Have to Be Difficult or Expensive
Though it is tempting to try to save money by doing all of these things yourself, the truth is, you'll actually save yourself money in the long run by having a professional tackle the legal aspects of your small business. You can avoid mistakes by hiring an attorney, and our network of lawyers available to our Small Business Legal Protection Plan members offers this kind of protection at a fraction of the cost you'd pay by hiring an attorney on your own. Our Small Business Legal Subscription Plans offer you advice, document review, contract review, consultations, and more with law firms in your state. In most cases, you can talk with an experienced, dedicated attorney within one business day. Learn more about all the benefits of a Small Business Legal Protection Plan membership, or sign up your small business today!
Year End Checklist for Small Businesses
Two people sit at a table going over paperwork.The following list is designed to help you get a good look at your business objectives and finances. It will help you understand where you have been and let you create a plan for next year full of success and growth.
Delve Into Your Financial Situation
The end of the year is a great time to make an appointment with your accountant, if you have one, but even if you manage your own finances, you can go over your reports and budgets. Compare your profits and expenses to previous years (if applicable). Go over cash flow, taxes, and pricing. Get a good look at the details and then step back for a view of the big picture. You can pinpoint problems and make a plan to avoid them or correct them in the future. Now is a good time to look at expenditures and decide where or if they need to be cut or expanded in the coming year.
Make A Budget
Your budget should be based on real expectations, so be conservative with your estimates. Using a previous year's profits as a base for your new budget and projections, you can anticipate major expenses in the coming year. Take a good look at any equipment and consider whether it will need maintenance, repair, or replacement in the coming year and include those items in a contingency in your budget. Your final product should be an accurate forecast of expenses and profits in the year to come.
Update Your Records
The end of the year is also a good time to do any housekeeping on your records so you're ready for the new year. Take the time to update employee files, get documents ready for tax filing, and compile customer data - contact information, purchase histories, etc - for marketing purposes.
Do A Risk Assessment
Another great thing to take stock of at the end of the year is your liabilities so you can determine whether you have adequate insurance to protect you, your business, and your assets. Review contracts, making sure to understand your rights and responsibilities in each one, and review your HR policies, employment regulations, and contracted employees; your attorney through our Small Business Legal Protection Plans can help you out with both of these items. Your provider law firm can also help you go over your insurance policy and any business contracts heading into the new year, and answer any questions you might have about contracts, policies, and employment.
Analyze Your Marketing Efforts
Now is a great time to take a hard look at your web site and make notes of things that need updating, changing, editing, and more. Look at your other marketing materials and tools, too. See what worked and what didn't. What advertising brought in the most new customers? If you're not collecting this type of information - where customers heard about you and your business - think about a plan to start collecting that data. Review your social media marketing and see what worked and what didn't. Schedule a meeting with your web designer and/or social media marketing expert or content creation specialist and make a plan for the new year. If you're not using the Internet or social media, the start of the year is a great time to consider how those channels may improve your marketing reach to customers and what you could be doing better or doing more of.
Enjoy Your Success
Ask yourself: "Where did my business succeed this year?" Maybe you completed a big project or landed a great new client. Thinking about everything you did right that led to your success will make it easier to replicate those successes in the future.
Consider Your Challenges
Just as it is important to look at your successes, it's just as pertinent to consider challenges, what led to them, and how you navigated through them. If you've had trouble collecting payments, a new payment policy may alleviate the issue, for example. Being proactive will help you avoid the same pitfalls next year.
Set Your Goals
Whether you want to increase customer service, launch new marketing, or bring in new products or services, making a plan now will make whatever you have in store much easier. Write out your goals and the steps you'll need to take to achieve them. Make sure your goals are concrete, realistic, and achievable. Track your progress by reviewing your goals throughout the coming year.
As always, if you have small business questions, feel free to contact us for a small business consultation where we can go over all the aspects of your business and give it a check up for 2022. Our Small Business Legal Plans can help you review contracts, policies, and other documents pertaining to your small business, and cut off any legal problems at the pass. Learn more about our Small Business Legal Protection Plans or sign up today!