Small Business Law
Santa Barbara & Ventura, CA Small Business Attorney
Small business owners face legal challenges and risks that impact them in far different ways compared to larger companies. From entity formation and internal policies to compliance and litigation, following the law, minimizing the risk of liability, and making wise financial decisions are top concerns for small businesses. Retaining a skilled law firm is essential to protecting your company and turning it into the success that you have imagined.
This is where the Law Offices of Brian L. Fox, APLC comes in. Our attorneys understand the laws and other rules that affect both the daily operation and long-term viability of Santa Barbara and Ventura, CA small businesses. We can advise you concerning any legal matter that impacts your business, from the conference room to the courtroom.
Business Startup and Entity Formation
If your small business is new, you have a great deal of paperwork and filings to complete to formally launch your company and begin protecting its financial interests. You will need to understand the nuances of both California and federal law with respect to such matters as:
- Hiring and terminating employees
- Payroll taxes, corporate taxes, and other state and federal taxes
- Licensing and permits for your business, as applicable
- Selecting the various business insurances you will need (e.g. premises, automobile, and professional liability insurance)
- Purchasing or leasing real property to conduct your business operations
- Understanding any land use or zoning restrictions that apply to your business property
- Knowing relevant health, safety, and environmental regulations
One of the most critical decisions you will make concerns the type of legal structure you want your small business to have. Each has different advantages and disadvantages regarding taxes, liability, and business formalities. There are several options, including:
- Corporation: Corporations offer business owners the strongest level of protection from personal liability, since a corporation is considered a separate legal entity. There are both S corporations and C corporations which differ with respect to taxation and shareholders. Corporations must keep updated records regarding their bylaws and meeting minutes and pay annual state fees.
- Partnership: Your small business may be organized as a general partnership (GP), limited partnership (LP), or limited liability partnership (LLP). Each one differs in terms of the partners’ rights and obligations and such matters as liability and taxation.
- Limited liability company (LLC): An LLC is somewhat like a hybrid of the corporation and partnership. Owners generally pay taxes on the income they derive from the business but are also able to shield their personal assets from liability.
- Sole proprietorship: Some small business owners do not have high liability risks and can simply operate as sole proprietors. The individual will pay taxes on all the income they personally bring in, but will not have the liability protections that attach to the other formal business structures.
Our firm is ready to get your Santa Barbara or Ventura, CA business established and execute the necessary governing documents such as:
- Articles of Incorporation
- Bylaws
- Operating agreement
- Shareholder agreement
- Partnership agreement
Contracts Your Business Will Need
Once you start your small business, you need to seriously consider how your company relates to its employees as well as third party individuals and entities. The best way to protect your rights is to have strong, enforceable contracts to cover all of your business transactions and relationships. We are prepared to draft, negotiate, and execute agreements such as:
- Employment contracts: You should have contracts in place with your employees to outline your respective rights and obligations. Employment contracts also protect you in the event you need to discipline or terminate an employee for breaching the agreement, and to safeguard vital company assets like intellectual property and trade secrets.
- Independent contractor agreements: Many small businesses in Santa Barbara and Ventura, CA use independent contractors, but you want to be careful not to inadvertently turn that relationship into one that amounts to employment. Independent contractors do not enjoy the same legal benefits and protections of employees, so carefully drafting your agreement is essential.
- Lease agreements: Your business may need physical space, either now or in the future, to conduct its operations and employ its workforce. Negotiating beneficial lease agreements is important because your monthly rent will be one of your largest expenditures. Let us review and negotiate on your behalf.
- Sales and service contracts: Whether you produce goods or provide a service, it is vital that you have contracts in place to ensure you are properly compensated and that your business relationship with third parties is well-defined. We’re here to help.
- Supplier agreements: If you rely on a third party for materials, parts, or products, then a supplier agreement will be an important component of your business. Our firm understands the terms and conditions that should be included in these contracts.
These are by no means the only types of contracts your small business will need, and with time, you may require others. You can count on our law firm to meet your contract needs from day one.
Compliance and Risk Management Services
It is imperative that your small business complies with federal, state, and local laws and regulations concerning such varied matters as anti-discrimination and wages. We can assist you in the following ways:
- Risk analysis: First, we take a comprehensive look at your business operations and identify potential problem areas concerning its relationship with your employees and third parties.
- Risk mitigation: Next, we advise you on specific steps you can take to mitigate identified risks and how to identify others that may emerge in the future.
- Policies and procedures: Adopting comprehensive policies and procedures to govern your small business operations is the best way to limit your company’s liability.
- Training: We can train your business leadership and key staff in the various laws and regulations you must follow to remain compliant.
- Ongoing counsel: As laws and regulations change with time, we can provide ongoing legal support and advice to protect your small business’s best interests.
Meeting Your Litigation and Mediation Needs
Many Santa Barbara and Ventura, CA small businesses find themselves involved in civil litigation at some point. A disgruntled employee or contract partner may file a lawsuit, or the government could initiate litigation. On the other hand, the business itself may need to file a lawsuit to assert its rights.
Whether you are a defendant or a plaintiff in a small business lawsuit, our law firm has you covered. We bring the following to bear in any litigation matter:
- Understanding and applying the relevant laws and regulations: We know the substantive state and federal laws that will control the outcome of your lawsuit, along with relevant court opinions that interpret them.
- Knowing the rules of civil procedure: Civil cases are governed by a complicated set of civil procedure rules that affect everything from the filing and service of court papers to court motions and judgments.
- Conducting discovery: Discovery is the formal process by which parties to a lawsuit request and exchange documents and information, and we can help you send and respond to such requests.
- Knowing the rules of evidence: Courts will only admit into evidence statements and documents that comply with the rules of evidence, so knowing them is critical to litigating your position in the case.
- Alternative dispute resolution: Many lawsuits are handled using alternative dispute resolution methods such as mediation or arbitration, and we can represent you in these types of out-of-court proceedings.
Contact Our Santa Barbara & Ventura, CA Small Business Attorney
With the right law firm by your side, you can open and expand your business with the confidence you need to be successful. Find out why so many small businesses trust the Law Offices of Brian L. Fox, APLC. Connect with us today to get started.
