These guidelines are not intended to be all the steps in starting a business. These steps are those that are normally required to set up the legal structure of your business to meet the legal requirements and also provide the most benefits to you. At Birk Law Firm, we will perform all of the steps listed here so that you can concentrate on developing your business plan, obtaining financing, and the myriad other things you need to do. There is often another step or two for a particular business. For example, recently at Birk Law Firm we formed the following businesses that require filings unique to the type of business:

Restaurant – Liquor license. Inspection by county health department.

Trucking – Forms required by Federal and State Department of Transportation.

Retail Sales – Sales Tax Registration.

Decide on a Name for your Company. You will need a name that is not already exactly like a name that is already registered with the Secretary of State.

Hire an Attorney That is an Expert in Business Formation. A lot of attorneys will fill out the online form for an LLC and try to fit your situation into what they know and what is the same as their last client except for the names. At Birk Law Firm, we are experts in business formation and will meet with you and develop a customized plan that meets your specific situation and goals. Your business should be formed specifically to meet your goals and needs. You may need additional contracts depending on your situation. You may need rental agreements, employment agreements, and others specific to your situation. We will develop and help you implement a business legal structure that is most advantageous for you now and in the future, so that if you desire your business will pass to future generations. The cost for an attorney to do it right the first time is not that much compared to your other start-up costs and the benefits you will receive for years to come.

Establish Legal and Tax Structures. You will choose your legal business form, which may be a limited liability company (LLC), corporation, partnership, sole proprietorship, or other. At Birk Law Firm, we have formed numerous businesses in different forms, so we can decide with you on the best form for you after discussing your specific situation.

Register Your Business. Forming your business with the Secretary of State may or may not be the only registration that you need to do, depending on your particular type of business.

Draft Other Legal Documents. You will need other legal documents. At a minimum, you will need an Operating Agreement for an LLC or a Shareholder Agreement for a corporation. If you are the only owner, you may not need other documents. On the other hand, you may need numerous other documents.

Obtain your Federal Tax Identification Number. Usually referred to as your EIN (Employer Identification Number) or FEIN (Federal Employer Identification Number), this number is almost always necessary.

Obtain your State Tax Registration Number. In Missouri, this is usually referred to as your Missouri Tax Registration Number or sometimes as your Missouri Tax Identification Number. You almost always need this number. For most purposes within the state of Missouri, you will use the same number. For example, you will have the same MO Registration Number for employee withholding and sales tax. You will, however, have a different number for Missouri Unemployment Tax.

Open a Bank Account. You will need the organization paperwork from the Secretary of State and your EIN before a bank will open an account for your business.

Determine Any Licenses and Permits That You Need. You may need a city business license, county business license, liquor license, US DOT number, State DOT number, sales tax registration, or any number of permits or licenses particular to your business.


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


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