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Before you can register your company, you need to decide what kind of entity it is. Your business structure legally affects everything from how you file your taxes to your personal liability if something goes wrong.
Ultimately, it is up to you to determine which type of entity is best for your current needs and future business goals. It's important to learn about the various legal business structures available. If you're struggling to make up your mind, it's not a bad idea to discuss the decision with a business or legal advisor.
Selecting a business name is one of the first steps of starting a business. State and Federal law requires that the name of a Corporation, L.L.C., L.P., and an L.L.P. is distinguishable from the name of any other business of the same type on record with the Secretary of State's office. To determine if a particular name is available, conduct a name availability check.
The Check Name Availability search helps the user determine if a business entity's legal name may be available for use. It is only a preliminary search, meaning the name cannot be guaranteed as available until the final processing is completed at the time of filing. You should not rely, in any way, upon this preliminary information. If the name is available, you may either file an application to reserve the name for 120 days or file documents to organize the business under that name.
Once you have your idea in place, you need to ask yourself a few important questions: What is the purpose of your business? Who are you selling to? What are your end goals? How will you finance your startup costs? These questions can be answered in a well written business plan.
A lot of mistakes are made by new businesses rushing into things without pondering these aspects of the business. You need to find your target customer base. Who is going to buy your product or service? If you can't find evidence that there's a demand for your idea, then what would be the point?
Conducting thorough market research on your field and demographics of potential clientele is an important part of crafting a business plan. This involves conducting surveys, holding focus groups, and researching SEO and public data.
Market research helps you understand your target customer – their needs, preferences and behavior – as well as your industry and competitors. Many small business professionals recommend gathering demographic information and conducting a competitive analysis to better understand opportunities and limitations within your market.
The best small businesses have products or services that are differentiated from the competition. This has a significant impact on your competitive landscape and allows you to convey unique value to potential customers.
It's also a good idea to consider an exit strategy as you compile your business plan. Generating some idea of how you'll eventually exit the business forces you to look to the future.
"Too often, new entrepreneurs are so excited about their business and so sure everyone everywhere will be a customer that they give very little, if any, time to show the plan on leaving the business," said Josh Tolley, CEO of both Shyft Capital and Kavana.
"When you board an airplane, what is the first thing they show you? How to get off of it. When you go to a movie, what do they point out before the feature begins to play? Where the exits are. Your first week of kindergarten, they line up all the kids and teach them fire drills to exit the building. Too many times I have witnessed business leaders that don't have three or four predetermined exit routes. This has led to lower company value and even destroyed family relationships."
A business plan helps you figure out where your company is going, how it will overcome any potential difficulties and what you need to sustain it.
Starting any business has a price, so you need to determine how you're going to cover those costs. Do you have the means to fund your startup, or will you need to borrow money? If you're planning to leave your current job to focus on your business, do you have money put away to support yourself until you make a profit? It's best to find out how much your startup cost will be.
Many startups fail because they run out of money before turning a profit. It's never a bad idea to overestimate the amount of startup capital you need, as it can be a while before the business begins to bring in sustainable revenue.
One way you can determine how much money you need is to perform a break-even analysis. This is an essential element of financial planning that helps business owners determine when their company, product or service will be profitable.
The formula is simple:
Every entrepreneur should use this formula as a tool because it informs you about the minimum performance your business must achieve to avoid losing money. Furthermore, it helps you understand exactly where your profits come from, so you can set production goals accordingly.
Here are the three most common reasons to conduct a break-even analysis:
Don't overspend when starting a business. Understand the types of purchases that make sense for your business and avoid overspending on fancy new equipment that won't help you reach your business goals. Monitor your business expenses to ensure you are staying on track.
"A lot of startups tend to spend money on unnecessary things," said Jean Paldan, founder and CEO of Rare Form New Media. "We worked with a startup that had two employees but spent a huge amount on office space that would fit 20 people. They also leased a professional high-end printer that was more suited for a team of 100; it had key cards to track who was printing what and when. Spend as little as possible when you start, and only on the things that are essential for the business to grow and be a success. Luxuries can come when you're established."
Startup capital for your business can come from various means. The best way to acquire funding for your business depends on several factors, including creditworthiness, the amount needed and available options.
When you're choosing a business bank, size matters. Marcus Anwar, co-founder of Oh My Canada, recommends smaller community banks because they are in tune with the local market conditions and will work with you based on your overall business profile and character.
"They're unlike big banks that look at your credit score and will be more selective to loan money to small businesses," Anwar said. "Not only that, but small banks want to build a personal relationship with you and ultimately help you if you run into problems and miss a payment. Another good thing about smaller banks is that decisions are made at the branch level, which can be much quicker than big banks, where decisions are made at a higher level."
Anwar believes that you should ask yourself these questions when choosing a bank for your business:
Ultimately, the right bank for your business comes down to your needs. Writing down your banking needs can help narrow your focus to what you should be looking for. Schedule meetings with various banks and ask questions about how they work with small businesses to find the best bank for your business.
You will need to acquire a variety of business licenses before you can legally operate your business. For example, you need to register your business with federal, state and local governments. There are several documents you must prepare before registering.
Articles of incorporation and operating agreements
To become an officially recognized business entity, you must register with the government. Corporations need an "articles of incorporation" document, which includes your business name, business purpose, corporate structure, stock details and other information about your company. Similarly, some LLCs will need to create an operating agreement.
Doing business as (DBA)
If you don't have articles of incorporation or an operating agreement, you will need to register your business name, which can be your legal name, a fictitious DBA name (if you are the sole proprietor), or the name you've come up with for your company. You may also want to take steps to trademark your business name for extra legal protection.
Most states require you to get a DBA. If you're in a general partnership or a proprietorship operating under a fictitious name, you may need to apply for a DBA certificate. It's best to contact or visit your local county clerk's office and ask about specific requirements and fees. Generally, there is a registration fee involved.
Employer identification number (EIN)
After you register your business, you may need to get an employer identification number from the IRS. While this is not required for sole proprietorships with no employees, you may want to apply for one anyway to keep your personal and business taxes separate, or simply to save yourself the trouble later if you decide to hire someone. The IRS has provided a checklist to determine whether you will require an EIN to run your business. If you do need an EIN, you can register online for free.
Income tax forms
You also need to file certain forms to fulfill your federal and state income tax obligations. The forms you need are determined by your business structure. You will need to check your state's website for information on state-specific and local tax obligations.
"You might be tempted to wing it with a PayPal account and social media platform, but if you start with a proper foundation, your business will have fewer hiccups to worry about in the long run," said Natalie Pierre-Louis, licensed attorney and owner of NPL Consulting.
Federal, state, and local licenses and permits
Some businesses may also require federal, state or local licenses and permits to operate. The best place to obtain a business license is at your local city hall. You can then use the SBA's database to search for licensing requirements by state and business type.
Businesses and independent contractors in certain trades are required to carry professional licenses. One example of a professional business license is a commercial driver's license (CDL). Individuals with a CDL are allowed to operate certain types of vehicles, such as buses, tank trucks and tractor-trailers. A CDL is divided into three classes: Class A, Class B and Class C.
You should also check with your city and state to find out if you need a seller's permit that authorizes your business to collect sales tax from your customers. A seller's permit goes by numerous names, including resale permit, resell permit, permit license, reseller permit, resale ID, state tax ID number, reseller number, reseller license permit or certificate of authority.
It's important to note that these requirements and names vary from state to state. You can register for a seller's permit through the states government website of the state(s) you're doing business in.
Jordan says that not all businesses need to collect sales tax (or obtain a seller's permit).
"For example, New York sales tax generally is not required for the sale of most services (such as professional services, education, and capital improvements to real estate), medicine or food for home consumption," Jordan said. "So, for example, if your business only sells medicine, you do not need a New York seller's permit. But New York sales tax must be collected in conjunction with the sale of new tangible personal goods, utilities, telephone service, hotel stays, and food and beverages (in restaurants)."
Before you start selling your product or service, you need to build up your brand and get a following of people ready to jump when you open your literal or figurative doors for business.
Also, keep these digital assets up to date with relevant, interesting content about your business and industry. According to Ruthann Bowen, chief marketing officer at East Camp Creative, too many startups have the wrong mindset about their websites.
"The issue is they see their website as a cost, not an investment," Bowen said. "In today's digital age, that's a huge mistake. The small business owners who understand how critical it is to have a great online presence will have a leg up on starting out strong."
Creating a marketing plan that goes beyond your launch is essential to building a clientele by continually getting the word out about your business. This process, especially in the beginning, is just as important as providing a quality product or service.
As you build your brand, ask your customers and potential customers for permission to communicate with them. The easiest way to do this is by using opt-in forms. These are "forms of consent" given by web users, authorizing you to contact them with further information about your business, according to Dan Edmonson, founder and CEO of Dronegenuity.
"These types of forms usually pertain to email communication and are often used in e-commerce to request permission to send newsletters, marketing material, product sales, etc. to customers," Edmonson said. "Folks get so many throwaway emails and other messages these days that, by getting them to opt in to your services in a transparent way, you begin to build trust with your customers."
Opt-in forms are a great starting point for building trust and respect with potential customers. Even more importantly, these forms are required by law. The CAN-SPAM Act of 2003 sets requirements for commercial email by the Federal Trade Commission. This law doesn't just apply to bulk email; it covers all commercial messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." Each email in violation of this law is subject to fines of more than $40,000.
Your launch and first sales are only the beginning of your task as an entrepreneur. To make a profit and stay afloat, you always need to be growing your business. It's going to take time and effort, but you'll get out of your business what you put into it.
Collaborating with more established brands in your industry is a great way to achieve growth. Reach out to other companies and ask for some promotion in exchange for a free product sample or service. Partner with a charity organization, and volunteer some of your time or products to get your name out there.
While these tips will help launch your business and get you set to grow, there's never a perfect plan. You want to make sure you prepare thoroughly for starting a business, but things will almost certainly go awry. To run a successful business, you must adapt to changing situations.
"Be prepared to adjust," said Stephanie Murray, founder of Fiddlestix Party + Supply. "There's a saying in the military that 'no plan survives the first contact,' meaning that you can have the best plan in the world, but as soon as it's in action, things change, and you have to be ready and willing to adapt and problem-solve quickly. As an entrepreneur, your value lies in solving problems, whether that is your product or service solving problems for other people or you solving problems within your organization."
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