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Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
Startup Legal Issues
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Startup Legal Issues

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  • 1. Legal Issues for Business Start-Ups Presented by: Jim Chester JD, LL.M, CHB, CCS Chester/Associates, PLLC Dallas, Texas Chester/Associates, PLLC Business - Trademark - International
  • 2. Start-Up is a Vital Time to Consider Legal Issues Four Key Legal Topics to Address 1. Address Legal Restrictions/Limits 2. Select Entity Type 3. Protect Intellectual Capital 4. Develop Basic Legal Documents 2 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 3. Address Legal Restrictions/Limits Government/Regulatory - Permits - Zoning - Licenses Private - Non-compete Agreements 3 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 4. Select Entity Type Sole-Proprietorship Pros - Easy/cheap to start Tax advantages Management flexibility Cons - No limit of liability Lack of continuity/transferability Limits ability to raise capital NOTE: Must register a d/b/a (assumed name) if not using your legal name 4 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 5. Select Entity Type General Partnership Pros - Easy/cheap to start Tax advantages Management flexibility Cons - No limit of liability (for partner, too) Lack of continuity/transferability Limits ability to raise capital NOTE: Must register a d/b/a (assumed name) if not using your legal name 5 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 6. Select Entity Type Limited Liability Company Pros - Limited Liability Some tax advantages Continuity/transferability Greater ability to raise capital Management flexibility Cons - Some formality/expense required Subject to Texas Margin tax 6 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 7. Select Entity Type Corporation Pros - Limited Liability Continuity/transferability Greater ability to raise capital Cons - More formality/expense required Subject to Texas Margin tax Management flexibility more limited Tax advantages require additional filings 7 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 8. Protect Intellectual Capital Intellectual Property (IP) Includes: Trademarks / Trade Names / Trade Dress - Searches & Registration Copyrights - Searches & Registration Patents - Registration Required Trade Secrets - No Registration Required - Non-Disclosure/Non-Competes 8 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 9. Develop Basic Legal Documents Common Forms You May Need: - Purchase/Services Agreement - Terms & Conditions - Employment/IC Agreements - IP-related agreements - Employment Manual 9 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 10. Conclusion Start-ups must budget for legal expenses Failure to adequately address legal issues initially can cause significant problems later. 10 Chester/Associates, PLLC Business - Trademark - International March 28, 2008
  • 11. Questions? Email JFChester@TradeLawFirm.com Direct 214.800.2845 Toll Free 1.877.34.World Chester/Associates, PLLC 6060 NCX, Suite 560 Dallas, Texas 75206 www.tradelawfirm.com 11 Chester/Associates, PLLC Business - Trademark - International March 28, 2008

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