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Legal Requirements

 
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Steve Henning



Joined: 26 May 2006
Posts: 42
Location: Brighton, Tn

PostPosted: Fri Jun 16, 2006 3:49 am    Post subject: Legal Requirements Reply with quote

The legal requirements for starting a business vary from city to city and from state to state. Here is a checklist of the most common small business requirements from the U.S. Small Business Administration’s Small Business Startup Kit, http://www.sba.gov/starting_business/

The Red Tape:

Business License - If the business is located within an incorporated city limits, a license must be obtained from the city; if outside the city limits, then from the county.

Certificate of Occupancy - If you are planning to occupy a new or used building for a new business, you may have to apply for a Certificate of Occupancy from the city or county zoning department.

Fictitious Business Name (DBA, Doing Business As)- A business that uses a name other than the owner’s must register the fictitious name with the County Clerk’s Office as required by the Trade Name Registration Act. This does not apply to corporations doing business under their corporate name or to those practicing any profession under a partnership name.

Sales Tax License - Generally, a state sales tax permit is required if goods or taxable services are sold within a state or goods or taxable services are purchased for use in the state from vendors that do not have sales or use tax permits. A sales tax permit can be obtained from your state’s Comptroller’s Office.

A word of caution: If you are buying an existing business, the inventory of an existing business, or the name and goodwill of an existing business, you can avoid also buying an unexpected state tax bill by getting a ‘Certificate of No Tax Due’ for the business from the Comptroller.

Check with your city, county and state government offices to find out specifically what you will need to do or apply for. Here's a comprehensive listing of and links to each state’s local and regional business resources: http://www.businessnation.com/localinfo/

Consignment Agreements

Although a consignment agreement is not a legal requirement, it's a good idea to execute one for each consignor to spell out terms, define the relationship, avoid misunderstandings and have a reference to policies 'in writing' recognized and accepted by the consignor's signature.

Click on Sample Consignment Agreements to view them in this the Free Resources Forum.
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