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The Legal Side of Business Expansion: What You Need to Know

Expanding your business is an exciting milestone - many business owners dream of getting to that point. However, business expansion comes with a host of legal considerations that can impact your growth and success. Whether you’re opening a new location, entering new markets, or launching new products, understanding the legal side of business expansion is crucial.


In this post, we discuss what you need to know about the legal side of business expansion and why you should involve a competent legal team in the proceedings.



  1. Is your current business structure compliant with the proposed expansion?

Consider your current business structure to determine whether it still meets your expansion needs. For example, if your current business structure is a Limited Liability Company, you may need to confirm if it would fit into the proposed expansion, or if you would need to restructure into a C Corporation. This decision can significantly impact your liability, taxes, and operations.

Your legal team would prove invaluable here, as they will provide valuable insights into whether a restructuring might be beneficial to the proposed expansion. They will also help you to understand the implications of the restructuring, guide you through the entire process, and file all the required paperwork with the relevant agencies.



  1. What’s the plan for financing the expansion?

A business expansion can be funded through different means, such as bank loans, crowdfunding, angel investors, venture capitalists, mergers and acquisitions, and initial public offerings, to mention a few.

The job of your legal team here would be to ensure that all agreements are clear and legally sound, and free of legal risks. They would also ensure that all equity financing complies with securities laws and that all communication with investors is transparent. Furthermore, they would conduct thorough due diligence to assess the financial health and viability of expansion opportunities.



  1. Tax and employment laws

Expanding to new locations often means dealing with different local and state regulations, including taxes. Therefore, it is vital to research tax obligations of the new location(s), including sales tax, property tax, and corporate income tax.



If you are going to hire new staff in your new location, you need to ensure that your hiring process complies with the employment laws of the new location, including anti-discrimination and wage laws. You must also classify new hires as either employees or independent contractors depending on their work requirements. A misclassification can hurt you in many ways.


Your legal team will work with you to develop a legal strategy that minimizes liabilities and ensures compliance.


Regarding new hires, your legal team will work with you to ensure your hiring process is compliant and prevent you from being blindsided by laws of which you were unaware.



Conclusion

A business expansion is great, but it requires careful planning and attention to detail. With a competent legal team behind you, you can reduce risks and ensure a smooth and successful expansion.


Please contact Serna Legal Services at 312-601-9859 or info@sernalegalservices.com if you’d like to learn more about protecting your business's trade secrets. If you’re ready to protect your trade secrets, we can work with you to help you protect your valuable intellectual property!


This content is published by Serna Legal Services, LLC and is available for informational purposes only and is not considered legal advice on any subject matter. By viewing this content, the reader understands there is no attorney-client relationship between the reader and the publisher. The content should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation

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