Smithfield Crossing Law Blog

Your home business career should start with basic legal knowledge about business matters that can commonly come up. Here are a few common terms, ideas and thoughts that someone starting a home business career should know.

Common discussions during a home business career are whether to become a corporation, an LLC, a sole proprietorship or a partnership. The biggest plus, as understood by many of being a corporation, is the idea that a corporation will protect the owner from personal liability.

The reality is that the creation of a corporation as part of someones home business career can protect the entrepreneur from personal liability.

Referred to as a corporate veil, it protects individuals involved in the business from having creditors, customers and others attack their personal assets should a lawsuit be filed against the corporation. It is not enough, however, for the venture to be named a corporation.

The home business founder has to have a corporate feel in his or her career, with meetings of the board of directors, minutes and note taking and publishing, as well as a corporate checking account and perhaps credit cards in the name of the corporation.

Meaning keeping excellent records and a well organized system so they can be easily analyzed and found quickly with ease. Someone whose career involves a home business and who is thinking about creating a corporation should seek the advice of an attorney who has experience with others in your same field.

Registering a company name is important to a home business career and generally means contact with the office of the secretary of state. Business licenses and permit regulations vary considerably from municipality to municipality and from state to state.

The advantages of having a business attorney to help with a home business career are that the attorney will keep abreast of the many changes that occur in the realm of business licenses, corporate and tax issues, the advantages and disadvantages of sole proprietorships, partnership and the various types of incorporation, as well as the continuous changes that are in zoning restrictions and requirements for business licensing.

When it comes time for acquiring a business license for that home business career it might be as simple as a stop at the city clerk’s office and a $20 check.

Or an entrepreneur could become embroiled in many time consuming and possibly restrictive compliances such as permits from the local fire department, permits for control of air and water pollution, permits for signs, country permits, licensing from the state, licensing from the federal government, licensing for purposes of state or city or county sales tax, and permits issued by the local or state health department.

These are the things that might have to be dealt with at the start of a home business career.

You would be well advised to have knowledge of a local attorney who can advise you for reasonably cheap fees at the beginning of your business career until you are ready to incorporate your business.

If you start doing financially well, without an attorney to advise you of different legal problems that come up, from customers or the government at any level, you might find your beautiful financial growing future trashed by an incompetent, raised on government employee, or a greedy customer seeking to line their pockets, unfairly, at your expense.

Many times an attorney can stop these profit eaters dead in their tracks or at least extremely limit the damage and expense they can do to you.

Source:
My 40 years of legal business experience

A home based online business has to legally comply with the same regulations as an offline business from any other location. Below are the basic legal issues with which a real home based Internet business owner must be familiar.

The first one, a real concern for any home Internet business is the age restriction. The U.S. Federal Trade Commission (FTC) follows regulations spelled out in COPPA, the Children Online Privacy Protection Act.

The above act requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under 18 years of age cannot, under any circumstances, be allowed to view pornographic content on the Internet, nor are they allowed to enter into any contract.

Real time occurrences on the Web, including chats and forums, must be carefully controlled by the home based Internet business owner. Bulletin boards will have the same control issues.

The rules of using each should very clearly solicit and retain the consent of each online user to refrain from posting pornography. Also, in this category are, defamatory or hate material or anything that infringes on the rights of others.

It is probably not a law and may never be so but respecting, truthfulness and fairness to other human beings should be a serious concern also.

Your company should also clearly state, on its site, that you are not liable for other users that commit to following your policies and guidelines but subsequently violate them. I always keep a sharp eye out on my web sites for this anyway and hope others will do the same.

We should all keep an eye out to preserve the integrity of the internet for all of us.

To make your ownership of all property real and keep content rights safe, on your home based business Internet site, you will need a copyright notice on the site footer, maybe on every page. The notice should clearly have the date, your name and the statement, All rights reserved.

A real copy of your business online site should be filed with the U.S. copyright office. This will effectively record ownership of the site contents, as well as its look and its feel. Incidentally, this will instill confidence in your site visitors that you are sincere about having a worthy web site.

Your site domain name is a dramatically important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. This is so very important.

Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. It is the beginning of every sale or donation you ever get from your home business.

It is your very valuable headline. Register your domain name as a trademark and you can retain ownership should it be challenged by another business. Sometimes this will happen.

Your site is on the World Wide Web so you must comply with export regulations. If you sell goods over the Internet to these global consumers, which you should want to do, then you are exporting items for sale and entering into international countries and commerce. Your market increases by hundreds of millions of flesh and blood humans.

If your site is encrypted then you are exporting to other countries per U.S. Department of Commerce and Defense technology regulations. There are many U.S. federal agencies that have regulations in force.

Enforcement agencies are expected to enforce them with the intent of the law, for doing business with other countries. This is their job. Times and circumstances require a firm to get an export license to send information, technology or goods abroad.

Regarding other countries, there is now software on the internet that translates into many of the major world languages. If your web site can sell goods world wide you can use this software to major advantage to sell in many more places.

Your Google Ad Sense will be in other languages giving you more action also so many millions more prospects can read and buy from you. Your online pages will increase dramatically giving you far more links and exposure. Your Alexa rating will begin to rise. Understand the immense benefit from this.

There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia.

Romania and Malaysia are rife with dishonesty on the internet. It is best to risk losing business with these two countries for now because your chances of being cheated are very high and not worth the risk with such poor odds that are not in your favor.
The best decision about the real problems you might encounter for your home based online business doing commerce with these countries and or the residents should be made with your attorney. Better yet, forget all of these until international relations with them get a lot better.

A real home based Internet business has to comply with the same legal regulations as an Internet business from any other location. Here are the basic legal issues with which a real home based Internet business owner must be familiar.

The first issue, and a real concern for any home based Internet business is the restriction based on age. The U.S. Federal Trade Commission (FTC) follows the regulations spelled out in COPPA, the Children’s Online Privacy Protection Act, and requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under the age of 18 cannot be allowed to view adult content on the Internet, nor can they enter into any contract.

Real time occurrences on the Web, such as chats, must be controlled by the home based Internet business owner. Bulletin boards would have the same control issues. The rules of using each should solicit and retain the consent of each online user to refrain from posting pornography, defamatory material or anything that infringes on others’ rights. Your company should also clearly state on its site that you are not liable for other users that commit to following your policies and guidelines but subsequently violating them.

To make real your ownership of all property and content on your home based business Internet site you’ll need a copyright notice on the site’s footer. The notice should have the date and your name and the statement “All rights reserved.” A real copy of your home based business Internet site should be field with the U.S. copyright office. This will effectively record ownership of the contents of the site, as well as its look and its feel.

Your site’s domain name is an important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. Register your domain name as a trademark and you can retain ownership should it be challenged by another business.

If your site is on the World Wide Web then you must comply with export regulations. If you sell goods over the Internet to these global consumers then you are exporting items for sale and entering into international countries. If your site is encrypted then you are exporting to other countries U.S. Department of Commerce and Defense technology. There are many U.S. federal agencies that have regulations in force for doing business with other countries, and the times and circumstances that require a firm to get an export license to send information, technology or goods abroad.

There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia. The best decision about the real problems you might encounter for your home based Internet business doing business with these countries and/ or its residents should be made with your attorney.

Source: http://www.entrepreneur.com/ebusiness/operations/article60918.html