Starting a New Business

Business Licenses

There are many types of licenses, and you will need one to operate legally. If your business is located within the city limits, you must obtain a license from the city. If you are outside the city limits, you must obtain a license from the county. Investigate whether you need a business license through your state government web site.

Business Location
The three most important things in real estate are: location, location, and location. Location is important in business too. Researchpaper.com has an idea directory for small businesses. The directory provides research tools for finding answers to many questions, including the question of how to find the ideal location for a small business.

Certificate of Occupancy
If you are planning on occupying a new or used building for a new business, you may have to apply for a Certificate of Occupancy from a city or county zoning department. For more information contact the county or city office in your area.

Business Organization
There are many forms of legal structure you may choose for your business. The most common structures are Sole Proprietorships, General and Limited Partnerships, C and S Corporations, and Limited Liability Companies. Each legal structure offers organizational options, which are appropriate for different personal situations, and which affect tax and liability issues. We suggest you research each legal structure thoroughly, and consult a tax accountant and/or attorney prior to making your decision.

Fictitious Business Name
Businesses that use a name other than the owner's must register the fictitious name with the county as required by the Trade Name Registration Act. Check for the appropriate name of the Trade Name Registration Act in your area. This does not apply to corporations doing business under their corporate name or to those practicing any profession under a partnership name.

Protecting Your Idea
If applicable to your business, you may want to apply for trademarks, patents and your copyrights. Information regarding these applications is listed below.

Trademarks
Trademarks are names or symbols used in any commerce that is subject to regulation by state government or the U.S. Congress.

State Registration of a Trademark
Trademarks and service marks may be registered in a state for a term of ten years. For more information about Applications for Registration of Trademark or Service Mark in your state, contact your state government .

Federal Registration of Trademark and Patent
To register a trademark contact:
U.S. Department of Commerce
Trademark Office
2021 Jefferson Davis Highway
Arlington, Virginia 22202
(703) 305 8341 or (800) 786 9199

To register a patent, contact:
Asst. Commissioner for Trademarks, Patent Applications
Washington, D.C. 20231
(800) 786 9199

Also, visit the web site of the Patent and Trademark Office.

Caution: Federally registered trademarks may conflict with and supersede state registered business and product names. Businesses are encouraged to check for conflicts with federal trademarks.

Patents
Superintendent of Documents
P.O. Box 371954
Pittsburgh, Pennsylvania 15250 7954
(412) 512 1800

New and useful inventions can be protected by a U.S. patent. Professional assistance from a patent attorney is strongly urged because patent procedures are detailed and technical. A patent search is performed to see if a patent currently exists on the same or nearly the same device and, if not, to make proper application with the Patent Office.

Note: Only attorneys and agents registered with the U.S. Patent Office may represent inventors in related matters. The office has geographical and alphabetical listings of the more than 11,000 registered agents. Only these agents may perform patent searches in the patent office. Inventors or their attorneys can make arrangements with one of those agents. U.S. patents are issued by the Assistant Commissioner of Patents, Washington, D.C.

Additional information is provided in the publication, General Information Concerning Patents.  This and other publications are distributed through the U.S. Patent and Trademark Office.

Copyrights
U.S. Library of Congress
James Madison Memorial Building
Washington, D.C. 20559
(202) 707 9100 Order Line
(202) 707 3000 Information Line

Copyrights protect the thoughts and ideas of authors, composers and artists. A copyright prevents illegal copying of written matter, works of art or computer programs. In order to ensure copyright protection, the copyright owner should always include notices on all copies of the work.

Business Insurance
Like home insurance, business insurance protects the contents of your business against fire, theft and other losses. Many small businesses must protect themselves from lawsuits and other situations for which they might be deemed liable. All businesses should research the advisability of appropriate liability insurance. Contact your insurance agent or broker.

Sales Tax Number
In each state, there is a specified percent sales and use tax which applies to the retail purchase, retail site, rental, storage, use or consumption of tangible personal property and certain services. In other words, sales tax must be collected on just about every tangible item sold.

A sales tax number is required for each business before opening. The number, plus instructions for collection, reporting and remitting the money to the state on a monthly basis, can be obtained through your state government.

Other Considerations

All businesses with employees are required to comply with state and federal regulations regarding the protection of employees. For information on state labor laws, work force availability, prevailing wages, unemployment insurance, unionization, benefits packages and employment services, contact your state government.

Federal information may be obtained by contacting the Department of Labor.

Unemployment Insurance Tax
Businesses are required by the state to pay unemployment insurance tax if the company has one or more employees for 20 weeks in a calendar year, or it has paid gross wages of $1,500 or more in a calendar year. The taxes are payable at a rate of 2.7 percent on the first $8,500 in annual wages of an employee. Unemployment insurance must be reported and returns made to the state. To learn more, visit your state government

Immigration Act
The Federal Immigration Reform and Control Act of 1986 requires all employers to verify the employment eligibility of new employees. The Immigration and Naturalization Service makes available a Handbook for Employers which provides step-by-step instructions on how to complete the "Employer Eligibility Verification" Form I-9, which is required by law when hiring a new employee. To obtain a copy of the handbook and the form, and for additional information, contact the Immigration and Naturalization Service.

Health and Safety
The Federal Occupational Safety and Health Administration (OSHA) outlines specific health and safety standards employers must meet for the protection of employees. Many states have similar standards. For information, contact OSHA.

Workers' Compensation
If a business employs three or more people, workers' compensation insurance must be carried to provide protection to those injured in on-the-job accidents. The State Board of Workers' Compensation aids people who need claim assistance.

Minimum Wage
Virtually all business entities are subject to the federal minimum wage, overtime and child labor laws. Information on these laws and other federal laws may be obtained from the U.S. Department of Labor's Wage and Hour Division .

Bar Coding
The Uniform Code Council, Inc. (not a government agency) assigns a manufacturer's ID code for the purposes of bar coding. Many stores require bar coding on the packaged products they sell. For additional information contact: Uniform Code Council Inc., P.O. Box 1244, Dayton, Ohio 45401, (513) 435 3870.

Copyright 2003 - ABC Bookkeeping Corp. - All Rights Reserved