By taking proactive legal steps, you can future-proof your business and position it for sustainable growth.

The business landscape is constantly evolving. New technologies emerge, customer preferences shift, and unforeseen circumstances can arise.  While you can’t predict the future, you can take proactive steps to “future-proof” your business. This means setting a strong legal foundation that allows you to adapt, weather storms, and seize opportunities.

This article dives into three essential legal steps every growing small business should take today. By implementing these measures, you’ll establish a framework for stability and pave the way for continued success.

Step 1: Choose the Right Business Structure

The first critical decision involves selecting the appropriate legal structure for your business. This decision has significant implications for everything from taxes and liability to fundraising and management. Here are the most common structures for small businesses:

• Sole Proprietorship: This is the simplest structure, where you and your business are considered one legal entity. It’s easy to set up, but you have unlimited personal liability, meaning your personal assets are at risk if the business incurs debts or gets sued.
• Partnership:  This structure involves two or more people co-owning and managing the business. Profits and losses are shared according to the partnership agreement. Similar to a sole proprietorship, partners have unlimited personal liability.
• Limited Liability Company (LLC):  This popular structure offers a blend of flexibility and protection.  LLCs create a separate legal entity from the owners (called members). This limits the personal liability of members for the company’s debts and obligations.  Profits and losses pass through to members’ personal tax returns.
• Corporation: This structure offers the most protection for owners (called shareholders).  Corporations are separate legal entities from their shareholders. Shareholders have limited liability, meaning their personal assets are generally not at risk for the corporation’s debts. However, corporations come with more complex formalities, such as board meetings and recordkeeping requirements.

Choosing the right structure depends on several factors, including:

• Number of owners: A sole proprietorship might be suitable initially if you’re a single owner. However, an LLC or corporation may be more appropriate if you bring on partners.
• Liability protection: If limiting personal liability is a priority, an LLC or corporation is the way to go.
• Tax considerations: Each structure has different tax implications. Consult with a tax advisor to understand how each structure affects your business.
• Management complexity: Corporations have stricter formalities than LLCs or sole proprietorships. Consider the level of complexity you’re comfortable with.

Step 2:  Draft Solid Contracts

Contracts are the lifeblood of any business relationship. They outline the terms and expectations between you and your clients, vendors, employees, and other parties. Well-drafted contracts protect your interests and minimize the risk of disputes.

Here are some key contracts every small business should consider:

• Customer Contracts: These agreements define the scope of services you provide, payment terms, warranties, and limitations of liability.
• Vendor Contracts: These contracts establish terms for purchasing goods or services from suppliers. They should address pricing, delivery schedules, quality standards, and termination clauses.
• Employee Contracts: Employee contracts (or offer letters) should outline job duties, compensation, benefits, confidentiality obligations, and intellectual property ownership.
• Non-Disclosure Agreements (NDAs): These agreements protect confidential information shared with third parties, such as potential investors or partners.

It’s crucial to have a lawyer review and draft your contracts.  A lawyer can ensure your contracts are legally sound, comprehensive, and tailored to your specific needs. Don’t rely on generic templates you find online – they may not adequately address your business’s unique circumstances.

Step 3:  Safeguard Your Intellectual Property (IP)

Your intellectual property (IP) encompasses your creative ideas and intangible assets, such as trademarks, copyrights, patents, and trade secrets.  Protecting your IP is essential for maintaining a competitive edge and ensuring you reap the rewards of your innovation.

Here are some key steps to safeguard your IP:

• Trademark Registration: A registered trademark protects your brand name, logo, or slogan from unauthorized use by competitors.
• Copyright Registration: Copyright protects original works of authorship, such as written content, software, or artistic creations.
• Patent Protection: Patents grant exclusive rights to inventions for a limited period. The patenting process can be complex, so it is recommended that you consult with a patent attorney.
• Trade Secret Protection: Trade secrets are confidential information that gives your business a competitive advantage. Reasonable measures must be taken to protect trade secrets, such as requiring employees to sign non-disclosure agreements.

Additional Legal Considerations for Growing Businesses

While the three steps discussed – business structure, contracts, and intellectual property – form a critical starting point, consider this your legal foundation’s first floor.  As your business grows, additional legal considerations emerge, adding further strength and stability to your growing enterprise. 

These considerations include obtaining necessary permits and licenses to operate legally, staying compliant with industry regulations, prioritizing data security and privacy to protect customer information, and staying informed about evolving legal depositions facing your company.  Addressing these additional aspects will create a comprehensive legal framework supporting your business’s continued success.

Building a Strong Legal Foundation for Future Success

By taking proactive legal steps, you can future-proof your business and position it for sustainable growth.  The three essential steps outlined above – choosing the right business structure, drafting solid contracts, and safeguarding your intellectual property – provide a strong legal foundation.  Additionally, staying informed about legal matters, obtaining necessary permits and licenses, complying with regulations, and prioritizing data security will further solidify your business’s legal standing.

As your business continues to thrive, your legal needs will likely evolve.  Building a strong relationship with a business attorney will ensure you have ongoing guidance and support to navigate legal complexities and seize opportunities that propel your business forward.  With a solid legal foundation in place, you can focus on what you do best – running a successful and innovative business.