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Legal Issues to Consider During Business Formation

Posted on: May 14, 2018

As you plan the formation of a new business, there are several legal issues to consider, which is why it can be very helpful to work with a Fort Lauderdale business formation attorney. Below are some common issues that can arise, but it’s always best to meet with your attorney for specific guidance:

Trademarks and Copyright Issues

Your logo, website, and business name will all be integral to your company’s brand and identity. If you work in a particularly competitive industry, you will want to perform a thorough trademark search of your potential business name before registering it.

Your attorney can conduct a search with the U.S. Patent and Trademark office as well as a Florida state search to ensure there are no similar names and avoid a potentially costly legal issue in the future.


Your business will need a license and possibly permits in order to operate legally. The permits that you need can vary from one city to another. Your attorney can assist you with obtaining the proper local permits and licenses and also answer any questions you may have about obtaining them.


From employee contracts, to vendor agreements, terms of service, and office leases, there are several legal agreements that you may need to have your attorney draft or review. At the very least, it’s essential to have a business formation attorney review your contracts to catch any terms that you may have missed or areas that could unnecessarily increase your liabilities.

Non-Disclosure Agreements

Non-disclosure agreements are commonly necessary for a wide range of different businesses, especially startups and tech companies that often share important trade secrets with contractors and other parties. To ensure that your business’s important confidential information is properly protected, it’s essential to have a well-structured NDA that is written with the necessary terms so that it is enforceable.

Business Structure

We have previously discussed in detail why it’s necessary to hire a business attorney to choose the right business structure. There are a variety of tax, liability, shareholder and other implications based on the type of business structure you choose. This step should not be overlooked for any serious venture, and a quick meeting with your attorney will help you determine which structure is right for you.

Plenty of other legal questions or concerns may arise during the formation of your business such as legal liability issues, zoning and commercial real estate leases, regulations and more. Contact Mark Schecter at Schecter Law today at (954) 779-7009 with any questions you may have on your startup.