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The process of new business formation in Oakland, United States, involves a series of steps that must be completed in compliance with both state and federal laws. These steps can involve decision-making and paperwork related to selecting the legal structure of your business, naming and trademarking your business, obtaining necessary permits and licenses, hiring employees, and various other legal matters. California's business laws define the rules for business entities, such as partnerships, corporations, and limited liability companies (LLCs).
All businesses operate within a legal framework that includes regulations from multiple jurisdictions. Overlooking or misunderstanding these laws can lead to significant legal problems in the future. A lawyer can help you navigate this complex landscape, ensuring that you meet all legal requirements. In addition, a lawyer can provide counsel on the choice of business entity, help draft and review contracts and agreements, and, most importantly, protect your interests.
In Oakland, the applicable local laws include the Oakland Municipal Code and policies set by the Economic & Workforce Development Department. Some basic requirements involve obtaining business tax certificates, applying for zoning clearances, ensuring adherence to environmental regulations, and obtaining necessary occupational licenses and permits. If the business sells tangible goods, a seller’s permit from the California Department of Tax and Fee Administration is also required. Additionally, depending on the business type, certain state licenses might be necessary.
Yes, you need to obtain a business license - referred to as a business tax certificate - from the City of Oakland to legally operate a business within its limits.
Technically, yes you can. However, depending on the nature of your business and your legal and financial liabilities, you may open yourself to significant legal and financial risks by not registering your business.
The key difference between a corporation and an LLC lies in tax obligations and liability benefits. In an LLC, taxes pass through to the owners' personal income, while a corporation's profits are taxed at the business level and might be subject to double taxation.
Although online services can assist with filing the necessary documents for business formation, they do not provide legal advice. Having an attorney can ensure that you understand the implications of the decisions you make while forming your business.
Common permits include a business tax certificate, zoning clearance, health permits (for certain types of businesses), fire permits, and finally, state licenses depending on the business services.
For additional resources, you may find the Economic & Workforce Development Department, Small Business Administration (SBA), California Secretary of State, and the Alameda County Law Library helpful for gaining further knowledge and assistance regarding new business formation.
If you need legal assistance in new business formation, consider consulting with an attorney who specializes in business law. Alongside, begin gathering documents related to your business such as a proposed business plan, identification documents, and potential names for your business. Having this information readily available will streamline your consultation with your attorney and the business formation process.
