Small businesses are the engine of the US economy. They provide a significant amount of employment, provide vital services in their communities, and develop important innovations. However, finding the funding to start and run a small business is not always easy.
Since it was established in 1953, the Small Business Administration (SBA) has been facilitating loans to small businesses that would otherwise not find suitable funding. However, the process of applying for 7(a) loans (named for the section of the Small Business Act that authorized them) can be complicated. Here are the steps to go through to apply for a 7(a) loan.
Is Your Business Eligible?
There are many basic requirements your business must meet to be eligible for an SBA 7(a) loan. Some of them are fairly straightforward. The basic ones are:
Be an operating business
Operate for profit
Be located in the US
If you meet those requirements, you can dive into the more complicated aspects of qualifying for 7(a) loans.
Is Your Business Small Enough?
What counts as a small business from the SBA perspective? This is defined according to the type of business that you are and can be quite variable. Some industries have their size defined by the number of employees, while others have their size defined by the value of the business. For example, soybean farming businesses are considered small if they are less than $2.25 million in value, but a new single-family housing construction business is considered small if it is worth less than $45 million. Furniture wholesalers are considered small if they have fewer than 100 employees, but iron mining companies are considered small until they have 1400 employees. You can see the size requirements by industry here.
Note that size standards include your business and its affiliates.
Is Your Business of an Eligible Type?
There are some types of business that aren’t eligible for 7(a) loans. In addition to non-profits, businesses are ineligible if they are:
Financial institutions that lend money
Passive businesses that don’t use or occupy the assets they buy or improve
Life insurance companies
Pyramid sales companies
Casinos and other businesses that get more than 1/3 of their income from gambling
Illegal businesses, including marijuana operations that are legal in Colorado
Private clubs with exclusive memberships
Government-owned businesses (except those owned by Native American tribes)
Loan packagers that significantly package SBA loans
Businesses with an associate guilty of financial misconduct or lying
Businesses that perform live performances of a sexual nature
Selling products or services of a sexual nature
Political lobbyists or lobbying firms
Speculative businesses
Businesses that have defaulted on a previous SBA loan
In the last case, a small business can get a loan if the SBA waives the default for good cause.
Have You Tried Other Lenders?
The SBA sees 7(a) loans as a resource of last resort. You should only go to them after you have tried (and failed) to get funding from other sources.
Be Creditworthy and Capable of Repaying the Loan
Being creditworthy can mean several different things when it comes to a 7(a) loan. It could mean that you have an appropriate FICO score. Other times, you might have to provide sufficient collateral. In still other cases, you might just need to have a solid business plan. It depends on the type and the size of the loan.
The same is true of demonstrating that you will be able to repay the loan. Lenders will often want to see certain types of proof that you are going to be able to generate revenue to repay the loan. Having a solid business plan, good market research, contracts, a list of preorders, potentially even social media exposure might be enough, depending on the nature of the loan and its size.
For this eligibility requirement, it can really help to get the advice of someone who has gone through the process before and will know what’s likely to work in your case.
Is the Use Eligible for a Loan?
Just as the SBA only backs loans for certain types of businesses, it also only backs loans for certain types of uses. However, the list of use cases is relatively straightforward, compared to the types of eligible businesses.
You can use your 7(a) loan for:
Real estate and buildings, including purchases, refinancing, or renovating
Working capital, over both the short- and long-term
Refinancing current business debt
Machinery and equipment
Supplies, furniture, and fixtures
Buying a business
A combination of any of the above
Some types of 7(a) loans also allow a line of revolving credit, usable over a period of up to seven years.
Find a Lender
The SBA doesn’t issue loans directly. Instead, the SBA supports loans by lending institutions. However, you will use the SBA’s Lender Match tool to connect with one or more potential lenders.
Before you start, you should assemble all the details that explain the information we’ve discussed above, including:
Evidence of the credit history of you and/or your business
Financial projections
Collateral
Industry experience or anything else that contributes to your likelihood of repaying the loan
Then you’ll be asked a few general questions about your business and the loan. After that, the Lender Match will (probably) link you with one or more lenders who might be willing to provide your loan.
Compare the terms you’re offered and decide which lender is right for you. Although 7(a) lenders have a maximum interest rate that they can charge, they won’t all offer you the same terms. In addition to different rates, some might pay fees related to the loan while others will pass them on to you. They might offer different repayment periods. You will be able to communicate with lenders and potentially bargain.
Submit Your Application
Now it’s time to complete your application. This is where you’ll need to provide all the detailed information you discussed with your lender, including supporting documentation. Then you just have to wait for a final decision.
With a 7(a) loan, the decision could be completed in under two days, but it might take up to ten business days.
Get Help with Your Application
If this is the first you’ve ever applied for a 7(a) loan (or possibly any loan at all!), the process can seem daunting. Mistakes can cost you your funding. With up to $5 million on the line, it makes sense to consult with someone who has done this before and has critical knowledge that can improve your chances of getting the funding your business needs.
Elizabeth Lewis is a Denver small business lawyer who has helped dozens of small businesses go successfully through the complicated process of applying for a 7(a) loan. She is prepared to use her expertise to help you assemble a winning loan application. This can include taking steps like finding the right structure for your small business, writing an effective business plan, communicating your relevant expertise, setting up a spending plan, and making financial projections.
Since 2010, Elizabeth has been helping small businesses in the Denver area. Whether you’re a startup out of your basement or a 100-person factory operation, she is prepared to help you. Her expertise is in small business law, and she has helped many small businesses navigate the challenges of early growth. She is dedicated to providing long-term help for you by building a relationship based on mutual trust. Her results-oriented approach can help you focus on what matters for your business’ success.
To learn how Elizabeth can help your business, please schedule an appointment at the Law Office of E. C. Lewis.
One of the most important steps in starting your small business is securing capital to finance your initial outlays for your location, stock, fixtures, equipment, and more. Starting capital can also cover operating expenses during the early period while you are working to improve your income.
The Small Business Administration (SBA) offers many loans to help businesses get off the ground. However, the different types of loans are designed for specific circumstances, and it’s important to know which type fits your situation. Failing to understand what type of SBA loan is best for your business can mean either getting into legal trouble by using loan funds improperly or missing out on favorable terms. This brief guide can help you understand the complexities of SBA loans, though it’s recommended that you consult someone, such as a small business lawyer, before applying for an SBA loan.
How to Qualify for SBA Loans
The SBA loan program has several requirements you must meet to qualify for lending. When talking to a lender, they may reveal more specific requirements, but in general terms, your business must:
Be for-profit
Be physically located in the US
Do business in the US
Have sound credit
Have exhausted other financing options
If you meet these requirements, you might be able to get an SBA loan.
7(a) Loans
Most SBA loans fall under the 7(a) loan program. These loans can be used for a variety of purposes, including:
7(a) loans take their name from the fact that they are authorized by Article 7(a) of the Small Business Act of 1953. Below are the types of 7(a) loans available.
Standard Loan
Standard SBA loans are for an amount from $500,000 to $5 million that don’t fit other SBA loan types. The SBA can guarantee up to 75% of the loan amount, and the loan can be approved by an SBA-approved lender within 5-10 business days. You will negotiate the interest rate with the actual lender, but it cannot be higher than the SBA approved maximum. Collateral requirements depend on the amount being financed, but it may include personal property as well as that owned by the business.
The standard SBA loan doesn’t allow for revolving credit, though there are several types of loans within the SBA system that do.
Small Loan
The SBA’s small loan program allows expedited approval, lax terms, and greater guarantees for smaller loans. SBA small loans can be approved in as few as two days. The maximum amount for a small SBA loan is $500,000. The SBA can guarantee up to 85% of the loan amount for loans up to $150,000, but for larger amounts, the guarantee is only the same as the standard loan.
Rates are negotiated between your business and the lander, not to exceed the SBA maximum. No collateral is required for loans of $50,000 or less. For larger amounts, you will negotiate collateral requirements with the lender, but your loan cannot be turned down just because you lack collateral.
Express Loan
As the name implies, SBA express loans are quick. They can be approved in as little as 36 hours. However, these loans can only be up to $500,000 and the SBA only guarantees up to 50% of the loan amount.
However, the Express loan does allow for revolving lines of credit for up to 10 years.
CAPLines Loan
CAPLines loans are a group of loans intended to help businesses meet short-term and cyclical capital needs. This can include loans focused on seasonal needs or needs related to construction or rehabilitation of buildings for resale. These loans have a maximum duration of 10 years.
Export Working Capital Program (EWCP) Loan
These loans are designed to help businesses that can potentially generate export sales but need additional capital to achieve this goal. The loans can be for up to $5 million and may be up to 90% guaranteed. Businesses can also get assistance from local US Export Assistance Centers.
EWCP loans can include lines of revolving credit for up to 36 months.
Export Express Loan
The Export Express Loan Program is intended for loans supporting exports that are smaller than the EWCP loans. Export Express Program loans can’t exceed $500,000. These loans can be up to 90% guaranteed if for $350,000 or less, and no collateral is required for loans up to $50,000
These loans can include revolving lines of credit for up to seven years.
International Trade
These loans are intended to help current exporters improve their competitive position, or to develop new export markets. These loans can be used to acquire, construct, renovate, modernize, or expand facilities and equipment at their US facilities. They can also use it to help them develop and penetrate foreign markets. They can even use the loan as working capital for export transactions.
These loans can be up to $5 million and can be up to 90% guaranteed by the SBA.
504 Loan
504 loans are different from the other types of SBA loans because they aren’t authorized under the same provision as 7(a) loans. They are also focused on different types of investments, so they aren’t as flexible.
The 504 loan program provides long-term, fixed-rate financing for major fixed assets. The intent is to support business growth and job creation.
To qualify, your business must meet all SBA loan requirements. Plus, the business must have a tangible net worth of less than $20 million and an average net income of less than $6.5 million.
Need Help Applying for an SBA Loan?
As with anything related to the government, there is a significant amount of complexity in terms of paperwork and legal requirements when applying for an SBA loan. A small business lawyer can provide valuable assistance during the application process.
Elizabeth Lewis is a small business lawyer who has been helping businesses in the Denver area since 2010. She is dedicated to helping businesses succeed, and she can provide assistance with many aspects of qualifying your business for an ABA loan, including:
Elizabeth’s results-oriented approach helps you cut through the complexities to focus on the essential aspects of applying for an SBA loan. She has done this for many businesses and knows what makes a winning strategy.
To get help completing your SBA loan application, please contact the Law Office of E. C. Lewis in Denver.
9 Reasons Your Small Business Needs a Contract Lawyer
As a small business owner, you must divide all potential expenses into at least three categories: unprofitable, necessary, and nice-to-have. The unprofitable expenses are those you should cut because they are costing you money. The necessary expenses are those that your business depends on – the ones that you can’t do business without. Finally, the nice-to-have category are the expenses that will make your business easier, help it to grow, and even potentially make it more profitable – if you can afford them.
Many people think a contract lawyer belongs in the nice-to-have category, but here are the reasons why you should put them in the necessary category.
Get All Necessary Contracts
One of the biggest dangers of contracts for your small business is not knowing when you need one. There are many potential business interactions where a contract can make a big difference for your business. But which ones need a contract, and which ones can you handle as a simple transaction with just a handshake and/or passing money over the counter?
Not using a contract can expose your business to some situations that can destroy it, while using a contract for every transaction can irritate people and cost you business opportunities. A contract lawyer knows which situations demand a contract.
Identify Potential Risks
Since we mentioned risks, it’s important to understand that contracts are potentially a double-edged sword. While contracts can potentially protect you from risks, they can also create risks if you sign a contract with unfavorable terms.
A contract lawyer can look at a contract to see if there are potentially dangerous terms in it. They will highlight these terms so that you can understand whether the risk of the contract is worth the benefit.
Protection of Your Interests
If you don’t know how to write or read a contract, it’s possible to give away far more in the contract’s terms than you mean to. You might make unreasonable promises, give away intellectual property rights, or fail to secure proper payment terms. The problems with the contract might be as much what is unwritten as it is what is written, so it takes more than just the ability to read and understand a contract – it depends on knowing what a contract should contain.
A contract lawyer can look at a contract and help you understand what it means in plain terms. That way, you can decide whether the contract is reasonable for your business or not.
Negotiate Better Terms
Once you’ve identified terms in a contract that aren’t in your best interest, you can start to negotiate better ones.
A contract lawyer knows what’s reasonable to ask for, and what you’re unlikely to be able to get. They can help you understand how to ask for what you want, which may be asking for more than you need so you have a good middle ground to settle on. Sometimes a contract lawyer will do the negotiating for you, or they can simply advise you on how to perform the negotiation, depending on your preferences and theirs.
Enforceable Contracts
Just writing terms into a contract doesn’t make them enforceable. One potential danger of a contract is that you might think you have one that protects you, but the terms of it make it unenforceable. Sometimes, unethical businesses might deliberately use unenforceable contracts to avoid having to comply with any terms.
A contract lawyer can look for common terms that might make a contract unenforceable. Standard boilerplate contracts online are full of these potential terms, especially since the law changes, and what was a good contract just a year ago might not be useful anymore.
Fewer Lawsuits
One of the benefits of contracts is that they can save you from lawsuits and other contract disputes by spelling out specific terms and expectations from each party. However, poorly written contracts can do the opposite by providing muddied terms that cause disputes and lead to lawsuits.
By clarifying the language of contracts, a contract lawyer can help you avoid the risk and expense of lawsuits.
Peace of Mind
Peace of mind is invaluable when you’re running a small business. You’ve got enough to worry about:
Can you trust that new manager to run the business properly?
Will you be able to pay your lease this month?
How many people will buy the new product you’re launching?
Being able to put contracts and lawsuits out of mind will make it easier for you to enjoy your days and sleep easy at night.
Free Yourself to Focus on What You Love
Contract law is a complicated area. It takes time to study and learn enough to be able to review your own contracts. Plus, going over your contracts in the degree of detail they demand can also take a lot of time and effort.
If you wanted to spend your time studying contract law and reviewing contracts, you probably would’ve become a lawyer. But you didn’t. Instead, you became a small business owner. Letting a contract lawyer handle the contracts will give you more time to devote to the business that you love.
This is often more than just a question of joy, too. You probably started this business because you have the talent to do things that nobody else can do. Your business depends on you having the time and energy to do that, rather than spending time on contracts.
Save Money
Many people think that hiring a lawyer to do anything is expensive, but the truth is that having a contract lawyer is likely to save you money by:
Avoiding lawsuits
Avoiding penalties
Getting better terms in your contracts
Protecting intellectual property
Helping you get paid
Freeing you to work on the things that only you can do
There are many situations where a poorly written contract will cost you money. A contract lawyer will help you avoid them, which can lead to considerable savings.
Help with Small Business Contracts in Denver
Since 2010, the Law Office of E.C. Lewis has been helping small businesses in the Denver area with their legal needs. This includes comprehensive help as a contract lawyer. She can help your business write contracts, review contracts, and negotiate contracts.
Elizabeth Lewis is dedicated to building relationships with clients. She knows that your small business is a very personal matter for you, and she is very attentive to your needs. Elizabeth will work with you to develop innovative solutions to legal problems that facilitate you running your business the way you want.
Some lawyers may not take your small business seriously, but Elizabeth is a dedicated small business lawyer. That’s her focus, and she has considerable experience with the specific needs of small businesses. She takes a very results-oriented approach and will work hard to ensure your business thrives with strong, well-written contracts.
Please contact the Law Office of E. C. Lewis today to schedule a consultation. We serve clients in Denver and throughout Colorado.
7 Ways to Protect Your Small Business from Lawsuits and Disputes
Building a small business up from nothing is a lot of work. Not only that, but it’s a lot of dreams, and it can be hard to see all your work and dreams destroyed because of a lawsuit or other dispute.
If you are trying to make a small business successful, you should protect it by taking these steps to head off expensive and time-consuming lawsuits and other disputes.
Consult with a Lawyer at Formation
The good news is you can head off many lawsuits and disputes right from the beginning. Consult with a lawyer when you are forming your business about the structure that best suits your situation and goals. At a minimum, a limited liability company (LLC) can protect your personal property from lawsuits directed at the business. Sometimes, though, a corporation is the best structure for getting investors involved, and it can help you avoid disputes by establishing a clear leadership structure and payment schedule for investors.
Your lawyer can also help you lay out important issues like who owns intellectual property that each person brings to the business, and how you determine ownership of intellectual property going forward.
Get Regular Legal Audits
Potential legal issues can come up at any time when you’re operating your business. It’s a good idea to check in with your small business lawyer about the progress of your business to make sure that you have a handle on all the potential legal repercussions of your actions and plans. It’s a good idea to check in at least once a year, but if the conditions of your business are changing fast, you might need to talk more often.
At a minimum, schedule a consultation with your lawyer before you make major changes in the business, such as hiring your first employee, buying commercial property, bringing on a partner or major investor, and more.
Have Your Business Lawyer Review Contracts
In addition to regular legal audits, it’s important to have your business lawyer look at all your contracts before you sign them or ask others to sign them.
Any contract you sign is full of potential grounds for disputes and lawsuits. Letting your lawyer look them over will help you understand what the contract is saying you can be sued for. Then you can decide whether that’s reasonable, and, if it is, make a plan to avoid getting sued for that.
In addition, contracts can be a way to avoid lawsuits. Contracts make expectations clear between you, your business partners, customers, suppliers, employees, and more. This helps avoid disputes caused by people having different expectations about how things should be handled.
Comply with Regulations
Failure to follow regulations can get your company slapped with fines and potentially shut down. It can also lead to lawsuits and other disputes. Failure to build to code, for example, can not only get you in trouble with regulators, but can lead your client to sue you for work that doesn’t meet standards.
We understand that regulations are complicated and understanding which ones apply to your business can be hard. That’s one of the reasons why you should consult with a small business lawyer regularly.
Follow HR Best Practices
Employees are another potential source of disputes and lawsuits. There are many things that can spark disputes with employees, including pay, benefits, hiring, firing, promotions, and more – not to mention the disputes employees have with each other that you can get roped into.
There’s probably no way to completely eliminate these types of lawsuits and disputes. However, following HR best practices can minimize your risks here. Make sure you treat everyone as equitably as possible, and make sure that everyone knows the policies when hired or as soon as you implement them.
Keep Good Records
Another way to head off lawsuits and disputes is by keeping good records. Keeping good records can help you make sure that you are complying with all your obligations to employees, customers, suppliers, and even regulators.
Having good records to reference will also help you avoid disputes. If someone claims that you didn’t fulfill your obligations, you can show them your record of what happened to make it clear that you actually did. Showing people you do business with that you keep careful track of things will make them less likely to try to cheat you, and more likely that you can easily resolve any honest dispute without it turning into a major confrontation.
Likewise, it’s important to keep good records when it comes to dealing with your employees. Keep records of their performance, any praise of them, as well as any complaints about them. Have a record of when you informed them (and potentially reminded them) about any important policies. That way, you can have good support for your actions in terms of promotions, firing, bonuses, and more.
Be a Good Person and Work with Other Good People
It would be naïve to suggest that you can avoid getting sued by being a good person, but the truth is that it can’t hurt. If you treat other people fairly, never try to take advantage of them, and on top of it you are nice to people at the same time, you are less likely to be sued.
If you cheat people, try to cut corners, or try to get more out of a transaction than you are contractually due, people are going to catch on, and then they will come for what they are owed. Being nice also helps – business partners are more likely to let you slide every now and again if there’s some reason why you can’t deliver what you promised.
At the same time, pick your business partners carefully. Do business with people who aren’t constantly looking for a way to hold you over a barrel, and you’re less likely to be sued.
Protect Your Business from Lawsuits
When it comes to avoiding lawsuits and other destructive disputes, a small business lawyer can be your most reliable partner. They can help you understand the potential legal pitfalls of any of your actions, and they can help you avoid them or position yourself for a favorable outcome.
Since 2010, the Law Office of E.C. Lewis has been helping small businesses in and around Denver to navigate the complexities of formation and growth. Elizabeth Lewis is dedicated to developing relationships with her clients and has seen many of them grow from one-person operations into major corporations. Elizabeth is focused on the needs of small businesses, and she can provide the guidance you need to help your business avoid costly lawsuits and disputes.
If you are looking for legal assistance with your small business, please contact the Law Office of E. C. Lewis today to schedule a consultation. We serve clients in Denver and throughout Colorado.
Starting a business online is becoming very popular. People like the relative freedom to locate their business in a convenient place while reaching a worldwide audience. There are also opportunities for reducing your overhead by not having a physical customer-facing storefront.
However, if you are considering starting an online business, you need to be careful not to cut too many corners, as this could get you into trouble. In particular, running afoul of online business laws can be expensive, so it’s still worthwhile to work with a small business attorney for your online business. Here are some of the laws that your online business needs to be aware of.
Sales Taxes
If your business is selling merchandise (and, in some cases, services), you will need to collect sales tax. How much sales tax? That depends on the local laws of where your customers are. Most US states require that online businesses collect sales tax for sales; however, the specific thresholds that trigger the requirement differ. For most states, you must accumulate $100,000 in total sales before you are required to collect sales tax, but often the requirements are different if you are selling to customers in the same state.
If you don’t know what the sales taxes are for your online business, you might end up with a hefty, unexpected tax bill and could face criminal charges.
Secure Payments
Online businesses are required to make sure that their transactions are sufficiently secure to protect customers’ payment information. The industry standard for this is using a payment gateway to provide for secure payment. These are included in most e-commerce platforms, and you don’t need to know too much detail unless you are trying to build your own e-commerce payment gateway.
Data breaches can be very costly for your business, leading to a major fine. In addition, you may be held liable in civil lawsuits if it turns out your negligence contributed to the data breach.
Privacy Protection
It’s not just payment information that you need to protect. Customers have a reasonable expectation that you are going to protect any and all information that they give to your website, either intentionally or unknowingly as you collect data about their visit.
You need to provide customers with information about the data you collect from them and how you use that data. You will also need to provide options for opting out of some types of data collection. Exactly what form the disclosures and opt-out forms take can depend on where you’re doing business, where your customers are, the information you’re collecting, and the type of business you have. Anything that might be considered a medical business, for example, must meet very strict privacy requirements.
Age Restrictions
In addition to privacy protection for all customers, you must be aware of limitations on collecting information from children. In the US, online businesses are banned from collecting personal information from children aged 13 and under.
If you are going to collect personal information from customers, you need to have an age field that either prevents children from filling out personal information forms or ensures that the data from those forms will not be collected. Otherwise, your business might face stiff penalties.
Home Business Restrictions
We mentioned that many online businesses reduce overhead by not having a physical customer-facing location. Often, people will run these businesses out of their homes. However, it’s important to be aware of laws restricting businesses in residential areas. There may be limitations about how much of the house can be given over to the business, how many people or delivery trucks you can have coming and going from the house, and other possible restrictions.
Failure to comply with these regulations may lead to fines and criminal penalties, with the potential of getting your home business shut down.
Marketing Restrictions
Many people think that the way to market their product is to make amazing claims about what it is and what it can do. While doing this may help you move more product, it can also get you into trouble.
Making false claims about your product can lead to heavy fines from numerous government agencies and potentially expose you to civil lawsuits as well. This is especially true if your product falls under the jurisdiction of the Food and Drug Administration (FDA).
Terms and Conditions
Many online businesses will want to have strict legal contracts that define their relationship to their customers. This is true whenever you are engaging in a relationship for any sort of subscription service, long-term commitment, or expensive service or merchandise.
However, every business should have a sort of informal contract with customers, which they describe in their terms and conditions. This describes what responsibility you take (or don’t take) for customers who visit your website or purchase your merchandise. It also stipulates things like your return policies and what warranties you offer for services and merchandise (if any).
If you fail to make these conditions clear, customers and website visitors may allege that you are failing to meet implied warranties or common law duties of care, leading to potentially expensive lawsuits. You might also be liable for fines and penalties, depending on local laws.
Business Formation Documents
Just because your business doesn’t have a physical location, that doesn’t mean it shouldn’t have business formation documents. In particular, if you want to protect your personal property with a structure like a limited liability company (LLC) or some type of corporation, you need documents drawn up to that effect. These will need to be filed with local authorities. Sometimes, these documents might need to be filed in any state where you are doing business, or, at least, enough business to qualify for sales tax.
Get Help with Online Business Laws
Although starting an online business can be simpler and easier than starting a physical store location or other in-person business, there are still many legal tangles and requirements that you have to be aware of if you want to avoid expensive legal problems. The best way to make sure your business is compliant with local, state, and federal business laws is to consult with a small business attorney.
Let Elizabeth Lewis handle the legal complexities of your online business. Since 2010, she has helped many businesses in Denver to understand the complex legal dimensions of their business. Elizabeth is dedicated to relationships. She wants to develop a long-lasting relationship with your business so that if any legal issues arise, you will know who to contact. She is focused on the needs of small businesses, which are very different from those of larger businesses. With her results-oriented approach, she has helped many small businesses get through their difficult early stages, and she is ready to help your business, too.
To learn how Elizabeth can help your business, please contact the Law Office of E.C. Lewis today for a consultation. We serve clients in Denver and throughout Colorado.
Federal Injunction Currently Suspending Corporate Transparency Act Reporting Requirements
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction on enforcement of the Corporate Transparency Act (CTA). This was overturned on December 23 and filings were resumed with a later date for compliance. And yet again, this was overturned resulting in another stay. Where is it now? In the hands of the Supreme Court. So, if you haven’t filed yet, keep your eyes and ears open to see what happens in the highest court in the land because if you’re a business that was initially required to file a beneficial ownership information (BOI) report based on the terms of this law, the legal battle will impact your filing requirements.
The Financial Crimes Enforcement Network (FinCEN) has issued the following statement on the BOI Report filing page on their website: “Please note that beneficial ownership information reporting requirements have been affected by a recent federal court order. The Department of the Treasury is appealing that order. In the meantime, reporting companies are not currently required to file a BOIR and are not subject to liability if they fail to do so while the applicable order remains in force. However, reporting companies may still opt to file a BOIR.” If you are a legal junky, there is more information available at https://www.fincen.gov/boi that goes through all of the court cases that are currently pending throughout the country in regard to the CTA.
If you own a business that has been impacted by this injunction, it’s important to pay attention as the appeals process plays out. While it may take several months – or potentially longer – for this process to resolve, it’s possible that the Supreme Court may overturn the injunction. Depending on the resolution of this injunction, reporting requirements and all associated deadlines may change at a moment’s notice. Timely response to new requirements may be necessary to avoid potential penalties for noncompliance.
What Businesses are Impacted by the Corporate Transparency Act?
Corporations, LLCs and other business entities that were required to file a document with a Secretary of State or a similar office at their time of establishment were required to file a BOI report under the terms of the Corporate Transparency Act unless the business qualifies for an exemption. While there are several different exemptions delineated by the original law, it’s important to understand that most small businesses are not considered to be exempt. Businesses covered under this law won’t need to file until the appeal on the injunction is resolved.
How Should My Business Proceed While this Case is Pending?
It’s important to be aware of the implications of this injunction and pay attention to when it is resolved to know whether you will need to file and how soon the deadline will be. Keep in mind that you’re still able to file the BOI report for your business while the injunction is in place and in some situations, it may make sense to just file the report now.
If you don’t have a problem making the ownership of your company known to the government, then go ahead and file the BOI report now to avoid the risk of costly fines if the injunction is lifted and you fail to file in time afterwards. But if you need to keep the identity of the ownership of your company private, you should hold off on filing until the injunction is resolved and any changes to the law due to the new presidential administration and Supreme Court rulings are finalized.
Elizabeth Lewis Can Help Ensure You’re Compliant with All Laws Impacting Your Business
The BOI reporting injunction isn’t the only legal matter impacting your business. There have been several other changes to Colorado laws impacting businesses in recent years, and it’s important to work with an experienced small business attorney who can ensure you remain compliant. If you haven’t had your company documents, contracts and employment agreements reviewed by a small business attorney recently, it may be time to check in with a lawyer and make sure your business is still compliant with all current laws.
Elizabeth Lewis is a small business attorney providing comprehensive legal services for businesses in Denver and throughout Colorado, and she can help you remain compliant with all state and federal laws. Elizabeth is closely monitoring the latest developments with the Corporate Transparency Act injunction and will keep your business informed as the case progresses. This ensures you’ll remain compliant in the event that filing requirements are reinstated. Elizabeth can also review all your contracts and business documents to ensure they’re adhering to the most recent changes in Colorado law. This will provide you with peace of mind that you’re in compliance and won’t incur costly fines that could easily be avoided.
Contact us today to schedule a consultation. The Law Office of E.C. Lewis serves small and medium-sized businesses in Denver and throughout Colorado.
