What legal considerations should you have in mind when launching your startup?

Running your own business has many benefits, which is perhaps why thousands of startups are launched each year in the UK alone.

However, managing a successful startup is not without its challenges. Business owners must be able to manage everything from changing customer demands to their finances, all of which can prove to be difficult.

In addition to this, they also need to make sure that they are protecting themselves legally and that their practices are all above board. Failure to do so could lead to a range of complications, from reputational damage to legal ramifications.

As such, startup owners and budding entrepreneurs should carry out plenty of research ahead of time so that they are fully aware of the legal considerations they should have in mind when launching a startup.

Important Legal Considerations When Launching A Startup

There are many different legal considerations that startup owners need to account for when running a business within the UK. While specific laws and regulations can vary depending on the nature of the business in question, many are the same across the board.

Below are some of the most crucial laws and regulations that business owners must abide by in order to protect their businesses.

Business Structure

All business owners operating within the UK must register their business with HMRC. During the registration process, business owners must select one of the following business structures:

• Sole trader
• Partnership
• Limited Liability Partnership (LLP)
• Limited Company (LTD)

 

Choosing the right business structure is essential, as this affects everything from tax payments to day-to-day business operations. Failing to register a business or income to HMRC could lead to significant legal consequences and hefty fines. After all, it likely means that the proper taxes are not being paid.

Intellectual Property

The majority of startups are built upon a unique and original idea. This allows business owners to develop a USP that sets them apart from their competitors, allowing them to build a solid customer base. As such, it’s only natural to want to protect these ideas from unauthorised use, which is where intellectual property and laws of confidentiality come into play.

Intellectual property is a particularly complicated branch of law. For example, while you cannot protect an “idea,” you can protect the physical creations that result from the idea, such as the products you make or sell. Whilst you can’t protect an idea, you can use confidentiality agreements to stop another person or party from disclosing it.

As such, looking into different facets of IP law can help startups protect their best interests moving forward, especially when trying to build a name for themselves in a competitive market.

For example, they may want to look into design registration to protect the appearance of a product or to obtain a patent. Either way, working with experienced intellectual property Solicitors is highly advisable during this time, as they will be able to ensure that startup owners are putting their best foot forward.

Employment Law.

While many startups begin as solo ventures, hiring becomes a necessity over time. This, in turn, means that startup owners should also familiarise themselves with employment laws and regulations. This way, everything from health and safety practices to employer-employee contracts will stand up in court, should they ever come under scrutiny.

For example, in the UK, business owners must ensure that employees receive the National Minimum Wage (at minimum). This is currently £ 11.44 for those aged 21 and over. Failing to meet this minimum threshold is a clear violation of the law, and fines can be imposed for failure to remedy this when questioned.

Employers within the UK must also ensure that they create (and maintain) a safe and healthy work environment for their employees, per the Health and Safety at Work Act 1974. Failure to maintain a safe working environment can bring forth many different consequences. For example, business owners may face criminal charges due to negligence within the workplace, alongside significant fines and severe reputational damage that is hard to come back from.

Final Thoughts

While the above list is by no means exhaustive, it contains some of the key considerations that business owners should have in mind when launching a startup.

By ensuring that these legalities are accounted for during the early days of their startup, they are building a strong foundation for their business. This means that they are unlikely to encounter legal troubles further down the line while also maintaining a positive reputation.

As such, legal considerations should form a key facet of a startup’s initial business and contingency plan.