2010 small business presentation for haul

8/3/2019 2010 Small Business Presentation for HAUL

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The LegalitiesThe Legal Issues Your Small Business and Non-profitShould Be Aware Of

Presented by: Erin McClarty Esq.


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When Legal Issues Can Arise

Incorporation

General Operation IssuesAdvertising/ Transactions

Labor

Trademarks/Intellectual Property

Dissolution/ Winding Down


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Sole Proprietorship

One person doing business

Liable for all debts

General Partnership

Group of two or more carrying on all business.Limited Partnership

General partners have liability. Limited partners liability limited to their

share.

Choosing A For-profit Structure


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Choosing A For-Profit Structure

Corporation

Limited Liability Company

Limited Liability Partnership


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Choosing a Non-profit Structure

Trusts

Created by a settlor Very rigid in structure

Unincorporated Association

3 or more people come together for a common non-profit purpose

Less formality and fewer reporting requirements than a corporation


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Choosing a Non-profit Structure

Limited Liability Company

Corporations


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Telephone Solicitations

Telephone Consumer Protection Act

Texas Law Enforcement Telephone Solicitation Act

Must file a registration statement and pay fee.


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WebsitesPrivacy Concerns

Have a privacy policy in place

Internet Regulations

Childrens Online Policy Protection (COPPA)

Jurisdictional Issues Post Terms of Use on your website

E-commerce


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Other Texas Laws

Criminal and civl offenses for fraud or misrepresentation

Example: Texas Deceptive Trade Practice Act


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Operations

Insurance

Workers CompensationGeneral Liability

Licenses and PermitsDoes your businessrequire a certain license?


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Labor

Managing Employees

Create an employment agreement

include a confidentiality agreement


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Employee v. Independent Contractor

Classification is a hot-button issue

Avoid employee problems and many taxes using independent contractors.

Several Factors to determine who is an IC

Determination of Worker Status (IRS Form SS-8)

Texas workforce commission also has a test at http://www.twc.state.tx.us/news/efte/ics_contract_labor.html

ICs make you more susceptible to IRS audits


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Labor Laws

Fair Labor Standards Act (FLSA)

Department of Labor has a handbook for guidance:www.dol.gov/asp/programs/handbook/main.htm

Family Medical Leave Act (FMLA)Texas Labor Code


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Non-profit IssuesCharitable Solicitation Laws

May require registration in each state you plan to solicit in

Fill out Uniform Statement Kit at www.multistatefiling.org

Losing tax-exemption status

Unrelated Business Income Activies

1. Trade or business; 2. Regularly carried on; 3. Not substantially relatedto furthering the exempt purpose.

IRS Publication 557 Tax-Exempt Status for Your Organization gives guidance
http://www.multistatefiling.org/http://www.multistatefiling.org/http://www.multistatefiling.org/


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How Can You Protect YourselfEducate yourself on all the applicable laws

Sign up for department RSS feeds and newsletters

Take how-to books with a grain of salt

Get together your team

Bring in knowledgeable people

Get what you pay for

Utilize development centers, groups and associations

Look for Meet-ups and Networking Groups


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Why Do I Need An Attorney?

Guidance and Counsel

Sound-board

Cant know every law

Draft or review contracts

Pre-emptive action and mitigation

Advocate and representative in case of business transactions

mediation, mergers, negotiations


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But I cant afford one..

Be Creative

Some attorneys allow you to buy credits

Do package deals

Hire counsel on a contract basis


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Attorney Resources

Houston Volunteer Lawyers Program

S.C.O.R.E

Houston Lawyers Referral Service

Texas Accountants and Lawyers for the Arts

Texas C-bar


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Contact

Erin McClarty Esq.

[email protected]

www.notationsonnonprofit.com
http://www.notationsonnonprofit.com/mailto:[email protected]://www.notationsonnonprofit.com/http://www.notationsonnonprofit.com/mailto:[email protected]:[email protected]

2010 small business presentation for haul

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