Starting a new small business? Find out where to begin and how to achieve success.(part II)

 

4.  Determine your legal business structure.

Before you can register your company, you need to decide what kind of entity it is. Your business structure legally affects everything from how you file your taxes to your personal liability if something goes wrong.

•             Sole proprietorship. If you own the business entirely by yourself and plan to be responsible for all debts and obligations, you can register for a sole proprietorship. Be warned that this route can directly affect your personal credit.

 

•             Partnership. Alternatively, a business partnership, as its name implies, means that two or more people are held personally liable as business owners. You don't have to go it alone if you can find a business partner with complementary skills to your own. It's usually a good idea to add someone into the mix to help your business flourish.

 

•             Corporation. If you want to separate your personal liability from your company's liability, you may want to consider forming one of several types of corporations (e.g., S corporation, C corporation or B corporation). Although each type of corporation is subject to different guidelines, this legal structure generally makes a business a separate entity from its owners, and, therefore, corporations can own property, assume liability, pay taxes, enter contracts, sue and be sued like any other individual. "Corporations, especially C corporations, are especially suitable for new businesses that plan on 'going public' or seeking funding from venture capitalists in the near future," said Deryck Jordan, managing attorney at Jordan Counsel.

 

•             Limited liability company. One of the most common structures for small businesses is the limited liability company (LLC). This hybrid structure has the legal protections of a corporation while allowing for the tax benefits of a partnership.

Ultimately, it is up to you to determine which type of entity is best for your current needs and future business goals. It's important to learn about the various legal business structures available. If you're struggling to make up your mind, it's not a bad idea to discuss the decision with a business or legal advisor.

Did You Know: You need to choose a legal structure for your business, such as a sole proprietorship, partnership, corporation or LLC.

5. Register with the government and IRS.

You will need to acquire a variety of business licenses before you can legally operate your business. For example, you need to register your business with federal, state and local governments. There are several documents you must prepare before registering.

Articles of incorporation and operating agreements

To become an officially recognized business entity, you must register with the government. Corporations need an "articles of incorporation" document, which includes your business name, business purpose, corporate structure, stock details and other information about your company. Similarly, some LLCs will need to create an operating agreement.

Doing business as (DBA)

If you don't have articles of incorporation or an operating agreement, you will need to register your business name, which can be your legal name, a fictitious DBA name (if you are the sole proprietor), or the name you've come up with for your company. You may also want to take steps to trademark your business name for extra legal protection.

Most states require you to get a DBA. If you're in a general partnership or a proprietorship operating under a fictitious name, you may need to apply for a DBA certificate. It's best to contact or visit your local county clerk's office and ask about specific requirements and fees. Generally, there is a registration fee involved.

Employer identification number (EIN)

After you register your business, you may need to get an employer identification number from the IRS. While this is not required for sole proprietorships with no employees, you may want to apply for one anyway to keep your personal and business taxes separate, or simply to save yourself the trouble later if you decide to hire someone. The IRS has provided a checklist to determine whether you will require an EIN to run your business. If you do need an EIN, you can register online for free.

Income tax forms

You also need to file certain forms to fulfill your federal and state income tax obligations. The forms you need are determined by your business structure. You will need to check your state's website for information on state-specific and local tax obligations.

"You might be tempted to wing it with a PayPal account and social media platform, but if you start with a proper foundation, your business will have fewer hiccups to worry about in the long run," said Natalie Pierre-Louis, licensed attorney and owner of NPL Consulting.

Federal, state, and local licenses and permits

Some businesses may also require federal, state or local licenses and permits to operate. The best place to obtain a business license is at your local city hall. You can then use the SBA's database to search for licensing requirements by state and business type.

Businesses and independent contractors in certain trades are required to carry professional licenses. One example of a professional business license is a commercial driver's license (CDL). Individuals with a CDL are allowed to operate certain types of vehicles, such as buses, tank trucks and tractor-trailers. A CDL is divided into three classes: Class A, Class B and Class C.

You should also check with your city and state to find out if you need a seller's permit that authorizes your business to collect sales tax from your customers. A seller's permit goes by numerous names, including resale permit, resell permit, permit license, reseller permit, resale ID, state tax ID number, reseller number, reseller license permit or certificate of authority.

It's important to note that these requirements and names vary from state to state. You can register for a seller's permit through the state government website of the state(s) you're doing business in.

Jordan says that not all businesses need to collect sales tax (or obtain a seller's permit).

"For example, New York sales tax generally is not required for the sale of most services (such as professional services, education, and capital improvements to real estate), medicine or food for home consumption," Jordan said. "So, for example, if your business only sells medicine, you do not need a New York seller's permit. But New York sales tax must be collected in conjunction with the sale of new tangible personal goods, utilities, telephone service, hotel stays, and food and beverages (in restaurants)."

Key takeaway: Register key documents like articles of incorporation or an operating agreement, a DBA, an EIN, income tax forms, and other applicable licenses and permits.

6. Purchase an insurance policy.

It might slip your mind as something you'll "get around to" eventually, but purchasing the right insurance for your business is an important step to take before you officially launch. Dealing with incidents such as property damage, theft or even a customer lawsuit can be costly, and you need to be sure that you're properly protected.

Although you should consider several types of business insurance, there are a few basic insurance plans that most small businesses can benefit from. For example, if your business will have employees, you will at least need to purchase workers' compensation and unemployment insurance.

You may also need other types of coverage, depending on your location and industry, but most small businesses are advised to purchase general liability (GL) insurance, or a business owner's policy. GL covers property damage, bodily injury, and personal injury to yourself or a third party.

If your business provides a service, you may also want to consider professional liability insurance. It covers you if you do something wrong or neglect to do something you should have done while operating your business.

7. Build your team.

Unless you're planning to be your only employee, you're going to need to recruit and hire a great team to get your company off the ground. Joe Zawadzki, CEO and founder of MediaMath, said entrepreneurs need to give the "people" element of their businesses the same attention they give their products.

"Your product is built by people," Zawadzki said. "Identifying your founding team, understanding what gaps exist, and [determining] how and when you will address them should be top priority. Figuring out how the team will work together ... is equally important. Defining roles and responsibility, division of labor, how to give feedback, or how to work together when not everyone is in the same room will save you a lot of headaches down the line."

8. Choose your vendors.

Running a business can be overwhelming, and you and your team probably aren't going to be able to do it all on your own. That's where third-party vendors come in. Companies in every industry from HR to business phone systems exist to partner with you and help you run your business better.

When you're searching for B2B partners, you'll have to choose carefully. These companies will have access to vital and potentially sensitive business data, so it's critical to find someone you can trust. In our guide to choosing business partners, our expert sources recommend asking potential vendors about their experience in your industry, their track record with existing clients and what kind of growth they've helped other clients achieve.

Not every business will need the same type of vendors, but there are common products and services that almost every business will need. Consider the following functions that are a neccessity for any type of business.

Taking payments from customers: Offering multiple payment options will ensure you can make a sale in whatever format is easiest for target customer. You'll need to compare options are find the right credit card processing provider to ensure you're getting the best rate for your type of business.

Managing finances: Many business owners can manager their own accounting functions when starting their business, but as your business grows you can save time by hiring an accountant, or comparing accounting software providers.

9. Brand yourself and advertise.

Before you start selling your product or service, you need to build up your brand and get a following of people ready to jump when you open your literal or figurative doors for business.

•             Company website. Take your reputation online and build a company website. Many customers turn to the internet to learn about a business, and a website is digital proof that your small business exists. It is also a great way to interact with current and potential customers.

 

•             Social media. Use social media to spread the word about your new business, perhaps as a promotional tool to offer coupons and discounts to followers once you launch. The best social media platforms to utilize will depend on your target audience.

 

•             CRM. The best CRM software solutions allow you to store customer data to to improve how you market to them. A well-thought-out email marketing campaign can do wonders for reaching customers and communicating with your audience. To be successful, you will want to strategically build your email marketing contact list.

 

•             Logo. Create a logo that can help people easily identify your brand, and be consistent in using it across all of your platforms.

Also, keep these digital assets up to date with relevant, interesting content about your business and industry. According to Ruthann Bowen, chief marketing officer at EastCamp Creative, too many startups have the wrong mindset about their websites.

"The issue is they see their website as a cost, not an investment," Bowen said. "In today's digital age, that's a huge mistake. The small business owners who understand how critical it is to have a great online presence will have a leg up on starting out strong." 

Creating a marketing plan that goes beyond your launch is essential to building a clientele by continually getting the word out about your business. This process, especially in the beginning, is just as important as providing a quality product or service.

Ask customers to opt in to your marketing communications. 

As you build your brand, ask your customers and potential customers for permission to communicate with them. The easiest way to do this is by using opt-in forms. These are "forms of consent" given by web users, authorizing you to contact them with further information about your business, according to Dan Edmonson, founder and CEO of Dronegenuity.

"These types of forms usually pertain to email communication and are often used in e-commerce to request permission to send newsletters, marketing material, product sales, etc. to customers," Edmonson said. "Folks get so many throwaway emails and other messages these days that, by getting them to opt in to your services in a transparent way, you begin to build trust with your customers."

Opt-in forms are a great starting point for building trust and respect with potential customers. Even more importantly, these forms are required by law. The CAN-SPAM Act of 2003 sets requirements for commercial email by the Federal Trade Commission. This law doesn't just apply to bulk email; it covers all commercial messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service." Each email in violation of this law is subject to fines of more than $40,000.

TIP: Create a strategic marketing campaign that combines various marketing channels, like a company website, social media, email newsletters and opt-in forms.

10. Grow your business.

Your launch and first sales are only the beginning of your task as an entrepreneur. To make a profit and stay afloat, you always need to be growing your business. It's going to take time and effort, but you'll get out of your business what you put into it.

Collaborating with more established brands in your industry is a great way to achieve growth. Reach out to other companies and ask for some promotion in exchange for a free product sample or service. Partner with a charity organization, and volunteer some of your time or products to get your name out there.

While these tips will help launch your business and get you set to grow, there's never a perfect plan. You want to make sure you prepare thoroughly for starting a business, but things will almost certainly go awry. To run a successful business, you must adapt to changing situations.

"Be prepared to adjust," said Stephanie Murray, founder of Fiddlestix Party + Supply. "There's a saying in the military that 'no plan survives the first contact,' meaning that you can have the best plan in the world, but as soon as it's in action, things change, and you have to be ready and willing to adapt and problem-solve quickly. As an entrepreneur, your value lies in solving problems, whether that is your product or service solving problems for other people or you solving problems within your organization."

Carmen Polo - "Ayudo"