Essential Elements for a Business Plan

Essential Elements for a Business Plan

Essential Elements for a Business Plan

When you are starting a business, your odds of success will be much higher if you have an actual plan. However, sometimes recommendations for a business plan – like the ones offered by the Small Business Administration (SBA) – seem  to be bloated with unnecessary materials. Small business planning doesn’t have to be complicated at first. You can start simply, then add elements later on as your business grows.

We’ll talk about some of the essential elements you need in your business plan and make references to other aspects that you might need now or later.

small business planning

Company Description

The first essential element of your business plan is a company description. You need to know what you are hoping to accomplish, with a sense of your general values and goals. Have a sense of your desired size and what steps you might take to achieve it. In addition, have a sense of what your organization principles are likely to be as you start to add employees. If you have more than one person in your organization, it’s worthwhile noting what structure your decision-making will follow.

Products or Services

You need to know how your business will generate revenue. This typically means providing goods and/or services for money. Often, this is where your business plan started: you had an idea of what type of product or service you felt you wanted to provide. It’s not a bad idea to have a sense of the scope of products or services you want to provide, whether you will be a specialized operation or a generalized one.

Market Analysis

Before you start your business, you need to know what the market looks like. This includes industry-specific factors such as demand for your particular products or services as well as the level of competition for providing those products or services. It also includes general business factors such as interest rates, labor costs, supply costs, and other factors that will affect your ability to be profitable.

Marketing and Sales Plan

Once you have a sense of what the market is like for your products or services, you need to figure out how you will break into the market. This means marketing. You will likely want to start with a sense of what is your unique value proposition (UVP), also known as a unique selling proposition (USP). The UVP is a description of why someone should choose your business over competitors. The UVP could be something simple like, “Our store is closer,” or “Our prices are lower.” It could also be something complicated like, “We use LASS to prevent SLAM attacks.”

Once you have a sense of what your UVP is, plan how you are going to market your product or service. With a simple UVP, this might be as easy as putting a “Grand Opening” sign on your neighborhood store, with perhaps some support on local social media like Nextdoor.

For more complex UVPs, you might need to educate your potential customers. Educate them about the pain points you are addressing, explain why current solutions are inadequate, and create a need for your solution even before creating awareness of your business.

Financial Plan

Your financial plan should include information about where your money is coming from and where it’s going. Do you have money set aside? Are you going to need external backers? What start-up expenses can you expect? How quickly can you ramp up revenue from sales? How much will marketing cost?

Be realistic in your financial plan. In fact, be pessimistic. Lower your estimates for revenue and raise your estimates for expenses. See how viable that makes your business before you consider whether this is a step you want to take.

If you need to secure outside investment, all the “unnecessary” materials from the SBA’s business plan template start to become essential. For example, your Executive Summary becomes your elevator pitch for securing meetings with potential backers. Organizational plans also become critical. Investors are more likely to put money in a business that has a formal structure, especially a corporation that provides dividends for their investment.

small business lawyer

Risk Analysis

In your financial plan, you looked at the risk that you might not generate enough revenue to cover your expenses, but small business planning should look at more than this. You should look at external risks, such as liability related to your industry.

About 90% of businesses will face a lawsuit over the course of their life, and in many cases these lawsuits will target the business assets. If this is a risk in your industry, you should set up a structure that protects your personal assets from business liability, such as a limited liability company (LLC) or a corporation.

You should also consider internal risks, such as the possibility of losing ownership of your personal intellectual property (IP). This is another reason to set up formal start-up paperwork which defines ownership of different business assets, including IP.

Robust Small Business Planning for Success

If you want to give your small business the best chance of success, then you want to make sure your business plan doesn’t just cover the essentials but is thorough and well-considered. A small business lawyer can help you consider all the aspects that can make a difference between the likely success and failure of your business.

Since 2007, Elizabeth Lewis has been helping small businesses in the Denver area and across Colorado to get established and grow into large, successful institutions. She knows how to build a strong foundation for your business, including taking all the important legal steps such as filing foundation paperwork, protecting IP, and writing strong contracts that can protect your small business from abuse by established players in the market. Elizabeth takes a personal interest in your business and is ready to help you navigate the complex legal landscape that can be challenging for many small businesses.

To learn how Elizabeth can help you launch your business, please contact us today. The Law Office of E.C. Lewis serves clients in Denver and the surrounding area.

8 Common Contract Disputes Impacting Small Businesses

8 Common Contract Disputes Impacting Small Businesses

8 Common Contract Disputes Impacting Small Businesses

You might think that your business is so small and inoffensive that you won’t have contract disputes. You will live up to the terms of any contracts you have, and you will judiciously choose business partners who are also likely to live up to the terms of their contracts.

However, the truth of the situation is that around 12 million contract lawsuits are filed against small businesses every year and roughly 90% of all businesses experience a lawsuit at some point in their lifespan. This means the odds are pretty good that your business will be involved in a lawsuit, most often over the terms of a contract. These are good reasons to make sure you have a small business lawyer who’s able to help and hopefully help before you get into a dispute!

Here are some of the common contract disputes where a business contract lawyer can help.

contract disputes

Timing Disputes

A contract often stipulates that one party will deliver something by a certain time. Depending on the language of the contract, this can lead to considerable dispute. For example, is the delivery deadline by start of business, end of business, or midnight on the date specified? Does it count as “delivered” if the supplier turned merchandise over to the shipper, but the product hasn’t yet arrived at the buyer’s property? If the contract allows for “reasonable” delay because of “unforeseen circumstances,” what circumstances apply and what delay is reasonable?

Resolving these disputes can be difficult, especially when you’re trying to maintain an otherwise profitable professional relationship between businesses. Having clear terms in your contract can help mitigate any disputes before they happen.

Disputes about Pricing, Fees, and Compensation

As with timing, there is often language about pricing in a contract. However, circumstances often lead to disputes about pricing, fees, and other compensation. One party might submit an invoice that is significantly different from the initial estimate. The second party objects and may point to language in the contract that they took to mean that the price would be as quoted and was not merely an “estimate” subject to change. That may resolve the dispute, or it may cause further disagreements about the language of the contract.

This may also happen with employment contracts. Employees may think that they were hired with one particular compensation package, but when they get the actual package – which might be days or weeks after their official first day – they find that it wasn’t as advertised. Depending on how much of the compensation package is described in the employment contract, it may be hard to resolve the dispute to everyone’s satisfaction.

business contract lawyer

Disputes about Responsibilities

The other side of compensation is responsibility. What is each party expected to do in order to earn their compensation? Employee duties may not be well-defined in their contract or job description, and they might balk at being asked to take on duties other than what they initially agreed to. Resolving the dispute to both parties’ satisfaction may not be easy.

This problem can also arise between suppliers and their clients. For example, a supplier might agree to deliver a certain number of Christmas trees, and when they arrive, the client is shocked to find that the trees don’t have stands. The client assumed the trees would come with stands, while the supplier assumed the trees would not have stands. The contract didn’t specify, and both parties felt they were getting a good deal because they had different ideas about what was to be delivered. This may seem like an absurd example, but it actually happens all the time, especially when business owners write their own contracts.

Durability of Contract

How long is a contract supposed to last? Who has the power to dissolve the contract? What happens when the contract is dissolved?

These aspects of the contract should be defined within its terms, but all too often there is misunderstanding or disagreement about what they mean. All too often, people skip over these parts of the contract because they assume that they won’t want to dissolve the contract early. They only discover the serious penalties that come with dissolving the contract when they try to get out of it.

Definition Disputes

Often, contract disputes arise over the definition of terms used in the contract. Several of the disputes we’ve talked about could be considered definition disputes. Some timing disputes can be described as disputes about the definition of the delivery date. In the Christmas tree dispute, the supplier defined “Christmas tree” as not including the stand, but the client defined it as including the stand.

Definition problems can arise in many contexts. In software development, scrum teams may deliver “minimum viable product” that meets their internal “definition of done,” but the buyer may not feel that software is either viable or done. In manufacturing, the final product may not be what a buyer expected, which they would say is a contract violation because the product is SNAD (significantly not as described). Definitions don’t always have to be written, either. A prototype can be seen as a physical definition of the promised product, and if the product doesn’t match the prototype, the buyer may object.

Lease Disputes

A lease is a common contract that can lead to significant disputes between the lessor and the lessee. There are many aspects of the lease that may be poorly written or difficult to understand, leading to disputes. Common areas of dispute include who is responsible for maintenance, how common areas are going to be maintained, terms of renewing or ending the lease, and the right to increase rent.

Many landlords put very unfavorable terms in their commercial leases, and it’s up to potential lessees to carefully evaluate the lease before they become a tenant.

contract dispute lawyer

Non-Compete and Non-Disclosure Agreements

Often, non-compete and non-disclosure agreements are the cost of doing business. In order to work with a certain company, you have to agree not to work with their competitors and not reveal certain information. However, the terms of these contracts can be difficult to understand and enforce. For example, parties might disagree about what constitutes a “competitor.” A signatory to an NDA might discuss information that they think is not covered by the agreement, but the other party might believe is sensitive.

Warranty Disputes

When you sell a product or service, there are often implied warranties, some of which are governed by state, local, and federal laws. In addition, you may provide an explicit warranty of your product. When a consumer buys your product and thinks it has failed, they may come to you seeking remedy under the terms of the warranty.

You might agree with them, and provide them their remedy, but there are several aspects of the process that can be contentious. First, the customer might not like the remedy, which may be a prorated refund or a discount on a replacement. Second, you might think that the customer treated the product in a way that voids the warranty, which they might dispute. Often, there are disputes about the terms of a “lifetime” warranty, which typically only runs for the specified lifetime of the product, not, as some assume, the lifetime of the owner.

Get the Help of a Small Business Lawyer

If you’ve read the examples above, you probably thought “That problem could have been avoided with a well-written contract.” You’re right. Many contract disputes are preventable. Often, they arise when business owners either write or sign contracts without the help of a lawyer.

Since 2007, business contract lawyer Elizabeth Lewis has helped many small businesses write good contracts and deal successfully with contract disputes. She knows the perils that come with many of the common contracts. She can help you write contracts that will protect your business and preserve good relationships with your business partners. She can review contracts offered by others to help you avoid any onerous terms that will be destructive to your business. She also offers a wide range of other legal services to protect your business, from drafting business formation documents to securing your intellectual property.

To get Elizabeth’s help with business contract law, please contact us today. The Law Office of E. C. Lewis serves clients in Denver and the surrounding areas.

7 Common Legal Mistakes to Avoid as a New Business

7 Common Legal Mistakes to Avoid as a New Business

7 Common Legal Mistakes to Avoid as a New Business

Starting a new business can be exciting. For many businesses, the excitement is the thrill of seeing their venture prosper and grow. For other businesses, though, this initial excitement can turn into regret caused by major legal issues that occur due to mistakes made during the business startup process.

Here are some of the common legal mistakes that people make when forming a business so you will be more likely to avoid them. The good news is all of these mistakes are easily sidestepped by working with an experienced startup business lawyer who can guide you through the process and make sure your interests are protected every step of the way.

common legal mistakes to avoid as a new business

Not Protecting Your Personal Property

A business is risky. If you’re not careful, you might be risking everything in your business venture. One of the most important things you need to do when starting a business is to take steps to protect your personal property from business liabilities.

This is especially true if you work in any field that carries liability risks, such as construction or healthcare. However, it’s also important if you are considering acquiring any kind of debt to help start your business – that business debt can quickly overwhelm your personal capacity for paying it.

Not Having Good Written Agreements

A lot of people enter business naively assuming that your word and a handshake is enough to secure a deal. In business, there are many situations where it’s important to clarify the details of a deal so that everyone proceeds with the same understanding.

When you are starting a business with others, it’s important to make strong partnership documents that define key elements like ownership of the assets, liability for losses, and payment from profits. This is important even if you aren’t forming a legal corporation.

It’s also important to have strong contracts that define your relationship to clients. You need to make sure that you have legal remedies in place in case they opt not to pay your invoices. You also need to define your liability in the event that something goes wrong with your work.

Finally, it’s important to have contracts with your employees, but we’ll talk about that in more detail later.

Not Keeping Good Books to Preserve Liability Protection

You might think that you’ve protected your personal assets by setting up a corporation or limited liability company (LLC), but that’s only the first step. Next, you have to make sure that you’re keeping business and personal property separate. If you are using personal assets in the business or using business assets as if they were your personal property, you might erode the protection your legal documents provide.

To avoid this problem, keep careful track of what are personal assets and what are business assets, and use them accordingly.

Unclear Relationships with Contractors or Employees

Bringing on employees is a big responsibility for your business. There are major tax implications and numerous regulations governing how you are supposed to treat your employees. Often, it makes more sense to work with an independent contractor at first. It simplifies the interactions from the standpoint of your business and reduces your tax liabilities.

The problem is that if you are essentially declaring someone an independent contractor when they’re really an employee, you can create a major legal problem for your business. Make sure that you are really treating independent contractors as independent contractors, not as employees. When you really need an employee, go ahead and take the plunge into the labor pool. Just make sure you’re protected with proper employment contracts and that you understand your legal obligations to employees.

startup business lawyer to help with employee and contractor agreements

Not Protecting Intellectual Property

When you think about protecting your assets, it’s easy to forget about your intellectual property (IP). However, for many small businesses, especially tech start-ups, your IP is your most valuable asset.

Make sure you’re protecting your software and other IP by taking appropriate steps like registering copyrights and trademarks. Don’t forget to take steps to protect your IP from partners. You may trust them. You may think they are your friends. However, the history of the tech industry is littered with creators who lost control of their ideas. It’s a good idea to make sure you keep control of your personal IP or at least make sure that you will receive adequate payment for your contributions to the business.

Ignoring Regulations

All businesses must contend with tax regulations and employment laws. However, some businesses must deal with specific regulations that govern their industry. For many businesses, the web of regulations they must contend with can be quite complex, and if you violate them, the consequences can be severe.

You can’t plead ignorance to avoid the penalties of breaking regulations. Instead, it’s best to talk to a business planning lawyer to understand the major regulations affecting your industry.

Not Having a Start-up Business Lawyer

What we’re looking at here are just the common legal mistakes that many businesses make. However, there are plenty of uncommon legal mistakes you might make, and you may only discover them by making them, at which point you need the help of a business planning lawyer.

Having a business formation lawyer that you work with from the beginning can help you understand the potential risks facing your business so that you can avoid legal troubles rather than struggling to get out of them.

Elizabeth Lewis is a business lawyer who has been helping small businesses in Colorado since 2007, including many start-ups. She has helped people figure out how to organize their business to protect their personal property and helped them secure their valuable IP.

She is very supportive, focused on building a relationship with your business and achieving the results your business needs to get started. In addition, Elizabeth has the experience necessary to help you navigate a wide range of legal matters after your business becomes established. This ensures you’ll have the legal protection you need moving forward as your business grows and evolves.

If you are looking for a lawyer to help your start-up navigate legal challenges, please contact the Law Office of E.C. Lewis today for a consultation.

How to Choose the Right Legal Entity for Your Business

How to Choose the Right Legal Entity for Your Business

How to Choose the Right Legal Entity for Your Business

If you are considering starting a business, it’s easy to get caught up in the excitement over your idea and skip important details like legal entities. In fact, many people have only the vaguest notion about what different entities are available. They may miss opportunities to save money on taxes and, most importantly, protect their personal assets in the event of lawsuits or contract disputes. They might also risk losing control of the business and their ideas to their partners.

Everyone is encouraged to consult with a startup business lawyer before deciding on a legal entity for their business. You want to make sure that you understand the options and select the one that meets your needs.

how to choose the right legal entity for your busienss

Factors to Consider in Choosing a Business Structure

Before you can decide on the right legal entity, there are several important factors to consider. Here are some of the ones that come up most often:

  • Protection of personal assets: One of the most important factors to consider is whether you’re prepared to risk your home, your car, and any other assets if the business gets into debt.
  • Partners: If you are starting a business with one or more other people, you will want to define who owns what and the personal responsibility of each owner.
  • Taxes: Legal entities are often taxed differently. Which one you choose can make a big difference on your taxes.
  • Funding: When you look for backers for the business, your legal entity can make it easier or more challenging to secure funding.
  • Paperwork: Some legal entities require no special paperwork. Others require a significant amount before you can start operating.
  • Registration: Registration is like more paperwork, but sometimes registration of your legal entity is necessary to get tax benefits.
  • Intellectual property: If your business is based on a certain piece of intellectual property, it’s important to determine who owns that idea.

Weighing these factors can be difficult. A business planning lawyer can help you sort through them to find the best option for your business.

The Simplest Options

Many people default to the simplest options for setting up their business: sole proprietorship and limited partnership. These are functional legal entities and may be right for your business, but it’s important that you aren’t just choosing them because they’re easy. In some cases, these legal entities can cause big problems.

Sole Proprietorship

A sole proprietorship is the simplest business option. It’s the default if you just start doing business without filing any paperwork. Just choose a name for your business and start selling.

Who’s it for: Small and home-based businesses with low overhead, low startup costs, and minimal liability exposure. This can be a good choice for people who are operating multi-level marketing companies, those who are starting a business and are under 18, or those that are doing a side business such as babysitting a few hours a week.

Disadvantages: Your personal property is exposed to any legal risks your business faces. Unless you are in an industry that is very low risk and where you are going to make very little money, a sole proprietorship is usually not recommended. In addition, it carries a heavy tax burden because you have to pay self-employment taxes. Finally, it can be hard to secure backing as a sole proprietorship.

General Partnerships

General partnerships are the equivalent of sole proprietorship for multiple people. There is no paperwork required, though it is recommended. If your partner is anyone except for your legal spouse, you should have a partnership agreement to make sure everyone knows their rights and responsibilities though.

Who’s it for: Businesses started by married couples with minimal liability exposure.

Disadvantages: Personal property might be exposed to legal risks. Ownership of business assets can be murky. This is extremely problematic if people are bringing different intellectual property into the partnership. Tax burden can also be murky: depending on how leadership is shared, limited partners may or may not have to pay self-employment taxes. A robust partnership contract is recommended to make sure these issues are clearly laid out from the beginning unless your partner is your legal spouse.

business ownership structure

Finding the Smartest Option

Although the above options are (relatively) simple, they may not be ideal for your business in many situations.

For example, any individual working in areas with significant liability risks, like construction or healthcare, will want to insulate their personal property from business liability. You can do this with a limited liability company (LLC). However, an LLC won’t alleviate your tax burden unless you choose to be taxed as an s-corporation: you will still need to pay self-employment taxes. In some cases, an corporations and LLCs can reduce your taxes if you are a s-corporation, but other times a C corporation is the better option.

For partners who aren’t married to each other, partnerships can work, if you get the help of a business formation lawyer in drawing up the partnership documents. Other times, a corporation makes more sense.

Talk to a Start-Up Business Lawyer

Are you considering starting a business? Before you start, talk to a start-up business lawyer about the different options to determine which one might be best for you. If your new business is based in Denver, the Law Office of E.C. Lewis will make sure you choose the right legal entity to protect your interests.

Elizabeth Lewis is a business planning lawyer who has helped many people start businesses in Denver and throughout Colorado. She has extensive experience helping small businesses. Since 2007, she has helped many startups in Colorado get on firm legal footing before they made it big, including software companies and others with valuable IPs. She is focused on results and understands the challenges your business faces starting out. She’s not only great at setting up legal entities, she has the extensive experience necessary to address just about any legal issue your business encounters moving forward.

Finding the right legal entity of your business can boost your odds of success. When you’re ready to start a business, Elizabeth is ready to help you start it right. Please contact the Law Office of E.C. Lewis today for a consultation.

Is Colorado a Business-Friendly State?

Is Colorado a Business-Friendly State?

Is Colorado a Business-Friendly State?

Small businesses play a critical role in our nation’s economy. In fact, small businesses are responsible for roughly 44% of the country’s economic activity, and they employ roughly 50% of the private-sector workforce. If you’re planning on starting a business, you’ll likely fall under the “small business” category for a while, as it typically takes time to grow your company into a large enterprise.

Starting a business is a high risk, high reward venture. It offers the potential for a lucrative income while allowing you to build something from the ground up in a field you’re passionate about. This can lead to a more fulfilling work life for many individuals. However, there are also many challenges associated with starting a business – startup costs and ongoing overhead expenses can be significant, attracting and retaining quality employees is more difficult than ever, and there are myriad other issues you’ll need to navigate in order to build the foundation for a successful business.

With such high stakes associated with starting a business, it’s critical to make the right decisions from the beginning of the process. One of the most important decisions you’ll make is where to start your business, as not every state provides the same climate for success. Even if you make a savvy choice and operate in a business-friendly state, you will still need the guidance and expertise of an experienced small business lawyer who can protect your interests and set you up for success.

small business lawyer

Should I Start a Business in Colorado?

If you’re considering Colorado as the home for your small business, you’re making a smart decision. A recent study ranked Colorado as the 7th best state to start a business in 2024. This data remains consistent with rankings from the previous few years, where Colorado is regularly considered to be among the most business-friendly states.

Colorado also has a strong business survival rate, with over 75% of new businesses lasting over five years.

Key Factors Contributing to Colorado’s Business-Friendly Environment

Colorado possesses a variety of attributes which make it a great place to start a business. The following factors will increase your chances of success when you choose Colorado as the location for your business:

  • Low Startup Costs and Ease of Formation
  • Favorable Tax Climate
  • Highly Educated Workforce
  • Strong Small Business Presence
  • Economic Strength and Growth

Low Startup Costs and Ease of Formation

Colorado offers a wide range of incentives and resources to encourage new business formation, and it boasts one of the lowest startup costs in the country for small businesses. The cost to establish an LLC or corporation in Colorado is only $50. This low barrier to entry makes it attractive for entrepreneurs looking for a place to operate their new venture.

Favorable Tax Climate

Colorado’s 4.55% income tax rate for corporate entities and 2.9% sales tax can be extremely beneficial for small businesses. This relatively low tax burden will help fledgling businesses retain more of their earnings, making it easier to succeed during the early years when you are still building your reputation.

Highly Educated Workforce

You’ll need a team of highly educated and skilled employees for your business to thrive. Colorado provides an abundant supply of highly educated talent, as it ranks as the second most educated state in the country. This highly educated workforce not only gives you access to a skilled and competitive labor pool, but it fuels much of the innovation and economic growth that Colorado has become known for in recent years.

business professionals working with a small business lawyer

Strong Small Business Presence

Small businesses make up 99.5% of all businesses in Colorado, with 691,230 businesses employing 1.2 million workers. This robust small business ecosystem creates a supportive environment for new and growing companies.

Economic Strength and Growth

U.S. News & World Report ranked Colorado 4th in the country for best economy, best business environment and employment. In addition, numerous Colorado cities regularly appear on a wide range of “best places to live” lists, allowing the state to attract talented individuals looking for a great lifestyle. This strong economic environment provides opportunities for small businesses to thrive and expand.

Recent Initiatives Which Support Colorado’s Business-Friendly Environment

The Colorado state government is continuously taking steps to further enhance its business-friendly environment. Some recent initiatives that will help small business owners include:

  • Investing in workforce development programs to ensure a skilled labor supply
  • Implementing tax cuts and increasing certainty for business leaders
  • Focusing on increasing housing supply and affordability to support employee recruitment and retention
  • Allocating over $10.5 million to strengthen the state’s business climate and create more opportunities for small business development
  • Establishing the Colorado Enterprise Zone Program which offers a major incentive for new businesses by providing up to $3,000 in tax credits for qualified businesses

Elizabeth Lewis Provides Legal Services for Small Businesses in Colorado

Colorado’s combination of low startup costs, favorable tax climate, highly educated workforce and supportive government policies make it an attractive destination for businesses. While the advantages of operating in a business-friendly state like Colorado can set you up for success, you still need expert legal guidance to help you navigate many of the challenges impacting small businesses. At the Law Office of E.C. Lewis, we’ll make sure your interests are protected every step of the way.

Elizabeth Lewis is a small business attorney providing comprehensive legal services for businesses in Denver and throughout Colorado. If you’re considering starting a business in Colorado, she can assist you with any legal matters associated with business formation to ensure your company is set up properly. In addition, Elizabeth will be your go-to lawyer for any legal challenges your business experiences moving forward, including contract law matters, employment law issues, and more. When you work with Elizabeth Lewis, you’ll have peace of mind that all legal matters will be handled properly, and your business will be positioned for ongoing success.

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.

Does an LLC Need a Business License in Colorado?

Does an LLC Need a Business License in Colorado?

Does an LLC Need a Business License in Colorado?

If you’ve recently formed an LLC in Colorado, you may be wondering whether you need to obtain a business license. In Colorado, there is no statewide requirement that LLCs must get a business license other than registering the business with the Secretary of State. However, you may need to obtain local business licenses and industry-specific permits depending on your industry and the location of your LLC.

Business licensing requirements in Colorado and the process of getting a license can be highly complex. There are many factors which impact whether you need a license as well as the type(s) of license your LLC needs. The following overview will provide you with some basic information as you begin your research, but it’s important to work with an experienced start-up business lawyer who can help ensure you comply with all licensing requirements and complete the process properly.

Types of Business Licenses in Colorado

Many Colorado-based businesses must hold at least one type of license to legally operate in their local area. The type of license(s) you will need will largely depend on the local and county regulations where you reside. In certain industries, businesses may need to obtain state and/or federal business licenses as well. This is more common for businesses in heavily regulated industries such as alcohol or cannabis. This variability is why it’s critical that you work with a business formation lawyer who knows the proper licenses associated with your industry.

In general, there are two different types of state-level business licenses:

  • General Business License
  • Occupational License
business license

General Business License

A general business license refers to a license that all businesses operating in a particular state must have, regardless of their industry. Colorado doesn’t require a general business license, so your LLC will not need to obtain one. However, you may need an occupational license or a local (municipal) license depending on the type of business you operate and the city/county requirements in your place of business.

Occupational License

Occupational licenses may be required for businesses in certain industries. Some examples of businesses that may need an occupational license include hair salons, daycare centers or used car dealerships. Occupational licenses may be needed through the State, the city you operate in, the county you operate in, or a mixture of them. Your small business lawyer will be able to advise you as to whether you need an occupational license to operate your LLC business in Colorado.

Other Types of Business Licenses in Colorado

There are other types of business licenses that may be required based on your location and type of business. Some of the most common include:

  • Municipal Business License
  • Colorado Sales Tax License

Municipal business licenses are issued by the city, town or county where your LLC does business. Each municipality in Colorado has a different set of rules governing which types of businesses need a license. Your business start-up lawyer will know the municipal business license requirements associated with your LLC.

There are two types of municipal business licenses:

  • General Business License – If a general business license is required, every business operating in that municipality must obtain a license to operate.

  • Industry-Specific License – In some municipalities, a license is only required for certain industries. You may or may not need one depending on what your business does.

A Colorado sales tax license may be required if your business sells products to consumers. In these situations, you may also need to register your LLC with the Department of Revenue.

Federal Business License Requirements

Most Colorado small businesses won’t be required to get a federal business license unless you conduct activities that are regulated on the federal level. The following industries are examples of some of the industries that may require a federal business license:

  • Agriculture
  • Alcohol sales, serving, importing or distribution
  • Aviation
  • Firearms, ammunition and explosives
  • Fish and wildlife
  • Commercial fisheries
  • Maritime transportation
  • Mining and drilling
  • Nuclear energy
  • Radio and TV broadcasting
  • Transportation

How to Get a Business License in Colorado

If your LLC needs a business license in Colorado, you’ll need to apply for one with the appropriate licensing or regulatory agency. The agency governing your business license will depend on the location of your business and your specific industry. As part of the business license application, you will generally need to provide the following basic information:

  • Business/LLC/Corporation name
  • Employer Identification Number (EIN)
  • Business address and phone number
  • Business plan containing your anticipated expenses and revenue
  • Certificate of insurance (COI) for your business insurance policy

Once you’ve gathered this information, you can fill out the required forms on the licensing agency’s website to apply for your license. Your business formation attorney will be able to help you with this process to ensure the application is completed correctly.

startup business lawyer assisting with business license application

Elizabeth Lewis Can Help if You Need a Business License for Your LLC

Whether you know for certain that your LLC needs a business license or you need to find out whether any licenses are required, the Law Office of E.C. Lewis can help. Elizabeth Lewis is a Colorado small business attorney with extensive experience assisting new businesses with a wide range of items associated with the business formation process. She can advise you as to whether you need a license and if so, which license(s) your business must obtain. Elizabeth can also help you with the application process to ensure everything goes smoothly.

The Law Office of E.C. Lewis has been providing comprehensive legal services for businesses in Denver and throughout Colorado since 2010. She can help you with a wide range of legal needs, including business formation tasks, contract law matters, employment law issues and more. Elizabeth is committed to providing your business with the highly personalized attention and sound legal guidance necessary to protect your interests and set you up for long-term success.

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.