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STARTING A BUSINESS l Back to Practice Areas

I. Overview
II. Financing and the Business Plan
III. Permits, Licenses, and Other Legal Concerns
IV. Organizing Your Business
V. Hiring Employees
VI. Employee Pay and Compensation
VII. Business Insurance
Frequently Asked Questions


Permits, Licenses, and Other Legal Concerns

As a new business owner, you will face a number of legal issues, including licenses and permits, zoning, name and trademark registration, and others. You should consult an attorney with experience in business planning and these areas in order to protect your legal rights.

When naming your business, you should first see whether the name is legally available. Your state’s secretary of state can inform you whether the name you’ve chosen for your business is taken. Often, this information is readily available from the secretary of state’s website.

You can also find contact information for these companies. You should also determine if your name conflicts with a registered trademark, by visiting the federal Patent and Trademark Office’s website at www.uspto.gov.

You may require a license or permit to operate your business, depending on what your business is and where your business is located. You should carefully research all regulations and laws governing your business; your state and local governments (and your local Chamber of Commerce) can help you find the requirements you need to fulfill. The state of Iowa has some helpful resources at:

The department of revenue – http://www.iowa.gov/tax/business/newbus.html and
The department of economic development – http://www.iowalifechanging.com/Business/blic.aspx.

In most cases, you need a state license to work as a:

  • Dentist
  • Physician
  • Lawyer
  • Teacher
  • Accountant
  • Contractor/trade worker
  • Barber

Often, city or county governments regulate business activity by requiring permits, including:

  • Noise permits
  • Equipment permits
  • Construction permits
  • Public gathering permits
  • Sellers’ permits

You may be required to pay ongoing fees, update fees, or to complete regular testing for some business activities. Many jurisdictions require businesses to publicly post their licenses and permits.

Many city and county governments also enforce zoning regulations. Government zoning classifies land into different zones, with separate rules regarding land use, the size and height of allowed structures, and many other aspects of ownership. Zoning is part of a state’s “police power”, which allows states and local governments to regulate land use for the benefit of the public. It is a good idea to understand zoning restrictions in your area before purchasing land or starting up a business.

Given the amount of legal preparation involved in starting a business, and the consequences of failing to do so, you should contact a lawyer for help with business planning and land use matters.

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DISCLAIMER: The information provided here is a public service and solely for informational and reference purposes. No legal service or advice is hereby provided. No attorney-client relationship is hereby created. This website may contain information addressing certain tax issues; however, it is not intended to constitute a reliance opinion as described in IRS Circular 230; therefore, it cannot be relied upon to avoid any tax penalties. The information provided here is without warranty of any kind whatsoever. Use at your own risk. No endorsement, warranty, or claim is made with respect to the works of others whose work may be referenced. Please seek the advice of an attorney for all legal matters.

The offices of the Pasley and Singer Law Firm, L.L.P., are located in Ames, Iowa. The lawyers and staff of the Pasley and Singer Law Firm, L.L.P., serve clients throughout Iowa, including the cities of Ames, Nevada, Gilbert, Huxley, Slater, Zearing, Story City, Roland, McCallsburg, Colo, Cambridge, Sheldahl, Des Moines, Cedar Rapids, Fort Dodge, Waterloo, Marshalltown, Boone, Webster City, Eldora, Grundy Center, Newton, Adel, Eldora, Ankeny, Johnston, Indianola, Cedar Falls, Jefferson, Marshalltown, Clarion, Knoxville, and the communities that make up Story, Polk, Linn, Webster, Blackhawk, Marshall, Boone, Hamilton, Jasper, Dallas, Hardin, Warren, Greene, Wright, and Marion counties. Pasley and Singer Law Firm, L.L.P., is an Iowa general practice law firm with practice including, but not limited to  Administrative Law, Adoption Law, Agricultural Law, Alternative Dispute Resolution, Banking Law, Business Law (including business organization, partnerships, limited liability companies (LLCs), incorporations, and sales of businesses and business assets), Civil Rights, Commercial Law, Construction Law, Corporate Law, Criminal Defense, Elder Law, Employment Law, Family Law (including divorce, prenuptial agreements, child support, child custody, dissolution modification), Government, Government Contracts, Litigation, Personal Injury (including Motor Vehicle Accidents and Wrongful Death), Product Liability, Professional Negligence Law, Real Estate (including mortgage loan closings, IRC Section 1031 exchanges, subdivisions, platting, condominiums, and cooperative housing), Municipal Law, Taxation Law and Tax Preparation, Wills, Trusts, Estate Planning & Probate Law (including financial and medical powers of attorney, guardianships and conservatorships, trust administration, and estate administration), Workers Compensation, Zoning, Planning & Land Use