What type lawyer to legalize business?

I'm planning on starting an Italian Ice Pushcart business. My question about lawyers is what type should I retain in order to establish my business type, probably an LLC and what services this lawyer should be providing to me in order to make sure my small business is fully legal and protected? Anyone with information on this is greatly appreciated, good luck to all out there, Sincerely, Neil

For business purposes you would probably be best served by a corporate attorney.

A business can have corporate standing (LLC, etc) and still be doing business illegally. You can be a sole proprietor and be perfectly legal. The legalities are met with having the proper permits, paying the proper taxes on time, hiring within the legal guidelines, meeting safety requirements, etc. It is also helpful if your business isn't manufacturing cocaine or selling adolescent girls into the sex slave market.

I would talk to a CPA about which corporate entity meets your needs best, and how much it will cost to have him consult with you about other financial and tax issues. You can file your own paperwork for the type of corporation you wish, the paperwork is not that difficult. I filed my own to form an LLC.

Iceman, by the time tou pay an attorney to do your paperwork, talk to a CPA, and get someone to secure your permits (other thread), you'll be so far in the hole that you'll need a front-loader to get you out. Securing your own permits and investigating how to incorporate (why anyway...for a push-cart?) are procedures most small cart-owners do themselves. Starting a small, push-cart business, you have to be ready to grab your crotch, jump in and do the work required to get your business started. The more that you rely on others to do your basic startup chores, the more likely you'll get screwed over somewhere down the road. I speak from experience.

quote:

Originally posted by kensandyeggo

Iceman, by the time tou pay an attorney to do your paperwork, talk to a CPA, and get someone to secure your permits (other thread), you'll be so far in the hole that you'll need a front-loader to get you out. Securing your own permits and investigating how to incorporate (why anyway...for a push-cart?) are procedures most small cart-owners do themselves. Starting a small, push-cart business, you have to be ready to grab your crotch, jump in and do the work required to get your business started. The more that you rely on others to do your basic startup chores, the more likely you'll get screwed over somewhere down the road. I speak from experience.

There are a number of reasons even someone with pushcart should incorporatebut the main one that springs to mind is what happens if you sell something that makes a lot of people ill? If you are a sole proprietor then you are personally liable. If you are a limited liability entity (either LLC or corporation), then your liability is limited to the assets of the business. I would much rather limit a potential recovery to my cart and inventory than to my home, vehicles, personal property, etc.

Hiring an attorney to incorporate (required for a corporation but not for an LLC in South Carolina) should never cost more than 400 to 500 dollars. It's a small price to pay, in my opinion. If you incorporate yourself and screw it up, then you have no one to sue but yourself. If you hire an attorney and he/she screws it up, then you have their insurance to pay for the damages.

Z, incorporating is a personal decision. I am an LLC. I was just pointing out that it would be advisable to get as much information as you can first to avoid being taken advantage of by someone running up the bill because you have no clue as to what's going on. The poster wants to pay someone to get his license and permits, a lawyer to incorporate and a CPA for some advice. My thoughts are just to be upfront wise so you know that what you're paying for was earned. I think it's bad to over-rely on others to handle your business. You sound like an attorney.....bwaaahaaaahaaa.

your lawyer must see that you get a valid license for the successful running of your business!!
He will also provide a consultation for your legal matters like dealing with the material providers etc.Just consult a lawyer and he will guide you through all the process in detail!!
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philip 

I'm down with Kensandyeggo on this one!  You have to do as much work on your own as possible.  And, with the internet today, you can!

Hold onto your money as much as possible..You are going to need start-up money and reserves to get you through until people start frequenting your business. 

There are forms for getting you incorporated that you can buy at an Office Depot or on-line, you can even protect your unique name and or logo by applying in Washington, DC.

Look into more self-help stuff on the net for small businesses.  Try the local SBA and speak to a volunteer, Chamber of Commerce, the library (make sure it pertains to your own State laws)...Good luck 

The OP of this thread probably has either gotten his business started and is now operating his cart, given up on the idea all together, or got started last year and is now out of business.

The resurrection of this thread is just another case of a newbie searching the board, finding something that's of interest, and then deciding to post on it.  The OP started this thread in June of 2008.  I'm not trying to be curt.  I'm just saying that this is an old thread and that the OP got his answers a long time ago.

Judging by the link in his sig, post count, and date of joining,  I'm pretty sure the guy that bumped this thread is just an advertising "bot" that probably found this thread on google while looking for lawyerly things to spam.

Came on the board and was shocked that this thread I started over a year ago was at the very beginning LOL. Anyway I am actually still in the planning stages since I've been out of work for 7 months, but I have learned a lot about what not to do and wasting time with things that will bear no fruit down the line. Simply put I've talked to 2 different attorneys and also cpa's and they all say no problem I can walk you thru all the steps you need and give information on anything pertinent to setting up and operating my future Italian Ice Cart business. Most people are very helpful in their advice but don't just take the 1st persons word you get advice from. While they may be well intentioned they may not have the answer you need, especially if you are in a different state/county. I'm not even worried about actually operating the business, getting events etc.  Its the setting up of the business that's the monotonous part  licencing, permits, etc. if you need commissary or not, blah blah blah.......take care all and good luck in these tough economic times.........Neil

You do not need a lawyer to form an LLC,

Go to your SOS state website and follow the instructions.  You can form an LLC in about 10 mins, and it will cost you about 100.00 for a filing fee. 

Next you would go to the irs website and apply for a EIN number, again this is a fairly simple and it is free.  You will need a EIN number to open any business account at any bank. 

So to answer the question for anyone looking to open a business, all you need is a PC or Mac and about $100-150 bucks along with about 30 mins. 

Any business should operate through a LLC or a Inc.  You should also carry insurrance about 2 mil.  That will cost you about $200.00 bucks per year.  However if someone tripped and hit there head on your cart, and suffered an injury, you will thank God you had insurance. 

I am not a lawyer, but this is pretty straight forward business talk. 

Legalzoom.com

That's how we roll


You do not need a lawyer to form an LLC,

Go to your SOS state website and follow the instructions.  You can form an LLC in about 10 mins, and it will cost you about 100.00 for a filing fee. 

Next you would go to the irs website and apply for a EIN number, again this is a fairly simple and it is free.  You will need a EIN number to open any business account at any bank. 

So to answer the question for anyone looking to open a business, all you need is a PC or Mac and about $100-150 bucks along with about 30 mins. 

Any business should operate through a LLC or a Inc.  You should also carry insurrance about 2 mil.  That will cost you about $200.00 bucks per year.  However if someone tripped and hit there head on your cart, and suffered an injury, you will thank God you had insurance. 

I am not a lawyer, but this is pretty straight forward business talk. 

That's how we roll,  thanks for that info. , but I've also been told by several other people that I should also talk with a CPA or Lawyer about different aspects of my business such as paying taxes correctly, how to transfer money from my business account into personal account and other things. My biggest anxiety is finding out about all the permits you need to do separate events. Have heard from others that this process can be a major pain and many phone calls. Thanks for your info my friend....appreciate it.....Neil

that's how we roll, thanks, thats about the best advice ive heard yet.  how do i choose a good inssurence provider for an Ice cream cart set up? I live in Jacksonville, Fl. Can you recomend any good providers?

Mr Freeze


that's how we roll, thanks, thats about the best advice ive heard yet.  how do i choose a good inssurence provider for an Ice cream cart set up? I live in Jacksonville, Fl. Can you recomend any good providers?

 
Please search the forum for information on insurance.  The topic has been covered in detail.  If you don't find what you are looking for, start a new thread.  This thread was about establishing a business entity.

Zombuswoof

[id=quote size=1 font="arial, helvetica"]quote: Originally posted by kensandyeggo

Iceman, by the time tou pay an attorney to do your paperwork, talk to a CPA, and get someone to secure your permits (other thread), you'll be so far in the hole that you'll need a front-loader to get you out. Securing your own permits and investigating how to incorporate (why anyway...for a push-cart?) are procedures most small cart-owners do themselves. Starting a small, push-cart business, you have to be ready to grab your crotch, jump in and do the work required to get your business started. The more that you rely on others to do your basic startup chores, the more likely you'll get screwed over somewhere down the road. I speak from experience.

Hiring an attorney to incorporate (required for a corporation but not for an LLC in South Carolina) should never cost more than 400 to 500 dollars. It's a small price to pay, in my opinion. If you incorporate yourself and screw it up, then you have no one to sue but yourself. If you hire an attorney and he/she screws it up, then you have their insurance to pay for the damages.

 
What little difference in hiring an atty. is money well spent thru my years . I have seen so many screw-ups by people doing things to save a few bucks. Have seen wills,trusts,real estate and bussiness's lost and people's personel liability at risk, some lost big time to save.