Whether you are a business owner or someone who is a member of the business community, there are certain aspects of business law that you should know. These areas include contracts, employment and agency, tax law, intellectual property, forms of organization, and more.
Forms of organization
Choosing the proper legal form of organization is a crucial step in starting your business. The most popular forms of the organization include corporations, partnerships, and sole proprietorships. Each of these structures has its advantages and disadvantages. Whether you form a corporation, a limited liability company, or a sole proprietorship depends on your personal objectives and situation.
Choosing the right business type is not onlycrucial for tax purposes but also your organization’s overall viability. It can also be a great idea to consult with a legal professional for advice. There are many ways a company can be legally formed, and a savvy lawyer can make the process a little less stressful.
Employment and agency
Generally, an agency is an arrangement wherein a person or entity appoints an individual to act on behalf of that individual or entity. This can be a contractual or fiduciary relationship. Usually, an organization’s principal can control the agent’s actions.
In the US, the legal concept of “agency” is essential to most legal transactions. This is the case in most business structures and sales transactions.
A formal contract in writing is often a good idea for long-term agency relationships. This is especially true if the connection is intended to be more than a temporary arrangement.
The law of agency deals with two main groups: agents and principals. Both of these groups require consideration. Using an agent may not shield an employer from legal liability. However, it does ensure that regulations regarding employee employment are correctly followed.
Contracts
Regardless of your business type, you need to have contracts in place to ensure that you meet your obligations. They can protect you from misleads or false promises. They can also help you to establish a legal relationship with another party.
There are many different types of contracts. Some are written, while others are purely oral. They can be categorized by how they are formed, their validity, and whether or not they are legally enforceable. Choosing the correct type of contract is crucial to your business.
The main objective of a contract is to specify the rights and obligations of the parties. These include the payment amount, performance time, and the definition of critical terms. These details can be used as evidence in the event of a claim.
Intellectual property
Throughout the years, there have been many changes to the laws surrounding intellectual property. In addition, new technology has created new challenges. These include the ease of electronic data manipulation. The political climate can also affect the degree of protection available.
The best way to protect your business’s intellectual property is to consult an attorney. Not only will an IP lawyer help you identify your rights and defend your interests, but they can also provide you with a better understanding of the law.
Patents, copyright, and trademark are critical legal tools for protecting your creative work. These documents allow you to stop other people from manufacturing or to sell your creation.
Tax law
Whether you are interested in a career as a tax lawyer or are simply looking for a way to develop your business law skills, the Business Law and Tax Law Program at the College of Law will give you the necessary tools. Designed for both graduate and undergraduate students, the program builds on the strengths of DePaul University while providing students with an extensive range of opportunities for experiential learning.
Students interested in a career in tax law will learn to analyze and apply federal and state laws to protect the interests of their clients. They may work on their own or as part of a team. They may be called upon to represent individuals, businesses, nonprofit organizations, educational entities, and trade associations. They can also serve in both private and public law firms.
US Constitutional environment of business
Generally speaking, the US Constitutional environment of business law is a complex and multi-faceted smorgasbord that requires the assistance of a competent legal professional. Although the federal government owes much of its authority to the states, it does not have the power to dictate the business climate. The state governments, on the other hand, are in complete control of their domains. This means that the state government can regulate commerce within its borders while leaving the federal government free to regulate interstate and international trade.
The first rung on the ladder is to review your business structure and ensure that it complies with the latest rules of the game. In addition to the nitty gritty, you might also want to consider a legal strategy session to better understand your rights and responsibilities as an American.
