Starting a Business
Naming the Business, Licensing, Permits and Zoning
A new business owner has a lot to think about. The owner must name the business, acquire licenses or permits, and deal with possible zoning concerns. With all of these considerations, the assistance of a business attorney from Spinella Owings & Shaia, P.C. in Richmond, Virginia, can make the journey smoother and more rewarding.
Naming the Business
After a new business owner has decided on a business form, the owner will need to come up with a name. To find out if another business is already using the desired name, the business owner can search state databases connected with the secretary of state or the state commerce division. These departments typically maintain business records and registration documents; they often name owners or registered agents for companies that do business within the state.
The owner should also determine if the proposed business name conflicts with a registered trademark. The United States Patent and Trademark Office (USPTO) maintains trademark records. An attorney can assist in these searches.
Licensing and Permits
A person who is planning to start a business should carefully review all applicable rules and regulations. Whether or not a license is necessary depends on the type of business; the location and scope of the business; and the federal, state, county, city or local rules and regulations.
Generally, state and local governments have resources available for business owners. Such organizations may be connected with the state's department of commerce or a comparable agency. Working with an attorney can help a business owner take advantage of everything the government has to offer — and help the business owner meet all of the government's requirements.
Some of the businesses and professions that typically require state licenses are:
- Contractors and trade workers
- Physicians and dentists
- Lawyers
- Barbers
- Teachers
- Accountants
- Real estate brokers
Cities and counties may require permits for business activities such as:
- Construction
- Large public gatherings
- Equipment operations
- Noise
- Food service and restaurant operation
Posting a License or Permit
In most areas, a business owner must post a license or permit in a manner that is openly visible to the public. The posting requirements may differ depending on the type of business license or permit.
Zoning
Typically, zoning restricts land by type of use, height of the structures on the property and position of the structures on the property. Zoning is an exercise of a state's police power. Police power is the general power of the state to regulate in the interest of the public health, safety, morals and general well-being. Most often, zoning is carried out by an ordinance that is adopted by a city or county under the authority of a state enabling act. Therefore, it would be prudent to check all local zoning rules before purchasing land or beginning business.
Speak with an Attorney
New business owners will be concerned with naming the business, acquiring the proper licenses and permits, and dealing with possible zoning restrictions. Working with an attorney from Spinella Owings & Shaia, P.C. in Richmond, Virginia, will help you meet the requirements and regulations of your state, local and federal governments.
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