Launching a startup requires several key legal steps to protect your business, ensure compliance, and minimize risks. Here’s a checklist of the most important legal actions:
1. Choose a Business Structure
Selecting the right legal entity affects taxes, liability, and funding options:
- Sole Proprietorship – Simple, but no liability protection.
- LLC (Limited Liability Company) – Protects personal assets, flexible taxation.
- Corporation (C-Corp, S-Corp) – Best for startups seeking investors or scaling quickly.
2. Register Your Business
- File with your state’s business registry (e.g., Secretary of State).
- Obtain an Employer Identification Number (EIN) from the IRS for tax purposes.
- Register a DBA (Doing Business As) if operating under a different name.
3. Protect Your Intellectual Property (IP)
- Trademarks – Secure your brand name, logo, and slogans.
- Patents – Protect inventions, unique processes, or technology.
- Copyrights – Safeguard original content, software, or designs.
- NDAs (Non-Disclosure Agreements) – Prevent employees, partners, and vendors from misusing sensitive information.
4. Draft Key Legal Agreements
- Co-Founder Agreement – Defines roles, equity splits, and exit strategies.
- Operating Agreement (for LLCs) or Bylaws (for Corporations) – Outlines business structure and decision-making processes.
- Employment & Contractor Agreements – Clearly define terms, compensation, and confidentiality.
- Terms of Service & Privacy Policy – Required for online businesses to comply with data protection laws (e.g., GDPR, CCPA).
5. Obtain Necessary Licenses & Permits
- Check federal, state, and local regulations for business licensing.
- Industry-specific permits (e.g., food handling, medical compliance).
6. Set Up Business Banking & Finances
- Open a separate business bank account to maintain financial separation.
- Get a business credit card and accounting software (e.g., QuickBooks).
- Understand tax obligations (income tax, sales tax, payroll tax).
7. Ensure Compliance with Employment Laws
- Follow labor laws for hiring, wages, and workplace policies.
- Get the required insurance (workers’ comp, liability, product liability).
8. Prepare for Fundraising & Investors
- SAFE notes or convertible notes – Common funding structures for startups.
- Cap table management – Keep track of equity ownership.
- Due diligence readiness – Have financial and legal documents in order for investors.