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What legal requirements do I need to meet to start a small business in California?

To start a small business in California, you must comply with several legal requirements to ensure that your business is operating lawfully. Below are some of the legal requirements that you need to meet:

  1. Determine the Legal Structure of Your Business
  2. Before registering your business, you need to determine the legal structure of your business, which will determine your tax liabilities, liabilities, and compliance requirements. There are several legal structures available for small businesses in California, including Sole Proprietorship, Partnership, Limited Liability Company (LLC), and Corporation. You should consult with a skilled attorney to determine the best legal structure for your business.

  3. Register Your Business
  4. After determining the legal structure of your business, you need to register it with the California Secretary of State. Depending on the type of business structure, you may need to submit Articles of Incorporation, Articles of Organization or fictitious business name (DBA). Registration fees vary by business type.

  5. Obtain Business Licenses and Permits
  6. California has different licensing and permit requirements based on the type of business. You may need to obtain a general business license or specific permits or certificates, according to your business activities. For example, food-related businesses need to obtain health and safety permits, while financial services businesses must obtain a specific type of permit from the Department of Business Oversight. You must consult with the specific regulatory agencies to ensure you comply with their specific requirements.

  7. Obtain an Employer Identification Number (EIN) from the Internal Revenue Service.
  8. An EIN is a unique identification number used by the Internal Revenue Service (IRS) to identify businesses for tax purposes. Most small businesses need an EIN, especially if they have employees. You can apply for an EIN via the IRS website.

  9. Obtain Workers' Compensation Insurance
  10. If your business has employees, you need to obtain Workers' Compensation insurance, which provides benefits to employees who are injured on the job.

  11. Comply with Tax Obligations
  12. Small businesses in California are subject to State and Federal tax laws. You must register with the California Franchise Tax Board and the Internal Revenue Service (IRS). Depending on the structure of your business, you may need to pay income taxes, employment taxes, and/or sales taxes. Contact a tax accountant or attorney to determine your business's specific tax liabilities.

In summary, starting a small business in California requires compliance with various legal requirements. A skilled attorney can help you navigate these requirements and ensure that your business is operating lawfully. Additionally, specific regulatory agencies may have additional requirements based on the type of business. Therefore, you must conduct thorough research, meet the stated requirements, and comply with relevant laws and regulations.