Given the benefits to small businesses and entrepreneurs in the recently released federal budget for 2015-2016, including a reduction to the small business tax rate, we may see a rise in the number of start-ups in the province. When thinking of starting your own business, there is a vast array of legal issues that ought to be considered.  Whether you intend to provide a service to customers or introduce new product into the market place, consulting a lawyer at the earliest possible stage can help you make better decisions to jump start your new business and prevent significant headaches and expenses later on by planning for and preventing issues that may arise. Most entrepreneurs have limited capital in the early stages of operating their business; as a result, legal advice is often avoided in an effort to save costs. Lawyers are often not consulted until after a problem has occurred.  Dismissing the importance of legal advice in the early life of the business can lead to headaches down the road as your business grows.  Consulting with a lawyer early on can help turn your mind to issues you should consider before they turn into problems. Entrepreneurs will face a wide variety of legal issues in the course of operating their businesses.  Identifying and dealing with these issues before they create problems can be critical to the success of the business. Organizational Structure – There are three basic business structures used in Saskatchewan: sole proprietorship, corporation and partnership.  Deciding which structure is best for you and your business can be complicated and consulting a lawyer to consider the legal implications of each will help you make the best decision for your business. Employment matters – Many entrepreneurs will need to hire employees as their business grows.  Doing so introduces a number of legal issues, including compliance with income tax, workers’ compensation, and labour standards legislation; dealing with human rights matters; and drafting written employment agreements. Protecting your intellectual property – Whether dealing with trademarks, copyrights or patents, protecting your intellectual property can be very important.  Just as critical, is considering whether your business is infringing on another’s intellectual property. Drafting contracts and agreements – Entrepreneurs will enter into various transactions and agreements that need to be properly documented.  A lawyer can provide advice, help negotiate, and draft agreements to help protect you and your business in conducting these transactions.  You may need a standard form contract, particular to your business, that will be used many times over in day to day business, or you may need an agreement to suit a unique transaction. Entrepreneurs will encounter legal issues in almost all areas of the law.  Other areas where a lawyer can provide entrepreneurs with services and advice include:

• Product liability
• Licenses and permits
• Tax matters
• Leasing space and equipment
• Financing matters
• Employment matters
• E-commerce and anti-spam legislation
• Maintaining corporate minute books
• Directors’ liability issues

Seeking legal advice at the outset can help set your business on the right course and help plan for and prevent problems down the road.   About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.