law question

jbcs16 · Outlaw Joined: 03 Aug 2010 Posts: 100

My husband and I are about to open a side business for re-upholstering boats, cars, furniture, etc. This will be done from our home. We are trying to make sure we get all of the "legal" things that we need to get started (business license, tax number?, etc). We don't know what all we need to do besides the obvious business license. I figured there are a few attorney's that hang around here that might could get us headed in the right direction. We live in South Carolina, I'm sure some of this varies by state. Would appreciate any information that you can offer.
Or, should we just schedule an appointment with a local attorney?

taitrt · Soul Rider Joined: 11 May 2009 Posts: 413

Attorneys cannot give legal advice to non-clients. Giving you legal advice essentially makes you their client. If they are not licensed to practice in your area giving you legal advice is illegal and they can lose their license to practice law in their own state.

You should find a local small business attorney.

jbcs16 · Outlaw Joined: 03 Aug 2010 Posts: 100

Definitely not trying to get anyone in trouble here. Will check with a local attorney.

jt09 · Ladies Man Joined: 16 Jan 2003 Posts: 22083 City: Austin

if you are doing it from your home and on the side, take cash and don't worry about it. black market economy ftw.

STPHNSN23 · Guest

jt09, you're going to get disbarred.

Chattwake · Posted: Jan 26, 2012 8:10 pm Post subject:

Good lord. Lawyer police: pull over!

You are not my client. These are simply some generic pointers to consider. This is not legal advice. See, that was easy!

You should consider forming an LLC or some form of separate entity for your company in order to add a layer of liability protection for your personal assets. Further, it can make taxes earlier that way. If its just you and your husband, you don't need any complicated agreements, just a form operating agreement and articles of organization. Any local lawyer should be able to set this up for you for around 5-700 bucks, including the filing fees. Also, you need an umbrella policy to cover you incase some bizarre accident occurs. Lastly, if you are going to select a business name, please check to make sure someone else has not already registered it.

pet575 · Posted: Jan 27, 2012 8:13 am Post subject:

All of ^^^^^ this. I'm a Missouri and Kansas lawyer, but I think South Carolina is probably no different than any other state when it comes to the "how to" to get you set up. The South Carolina Secretary of State has a business/corporations page.

http://www.scsos.com/Business_Filings

You should be able to do an online search for name availability and can probably even register your name online (if it is available). If you can navigate through it and set up the LLC or corporation (whichever you choose) online and pay the fee that should save you some money on the lawyer end of things. This page should help you figure that out:

http://www.scsos.com/Business%20Filings%20FAQs

The local lawyer can get you your operating agreement/articles of incorporation and then you would be good to go for going to set up your bank account and purchase your insurance policy.

Good luck!

STPHNSN23 · Guest

i just set up an indiana LLC online yesterday. it was painless, so easy a caveman could do it.

Chattwake · Posted: Jan 27, 2012 10:55 am Post subject:

jbcs16 · Outlaw Joined: 03 Aug 2010 Posts: 100

Thanks a lot for NOT giving me any legal advice. What you did supply instead was exactly what I was looking for. Wasn't trying to get legal service for free, just wanted to know if it was something I could do on my own or needed to hire an attorney. Chattwake and pet575, I appreciate you taking the time to lead me in the right direction.