10 Legal Considerations When Starting a Business

min read

10 Legal Considerations When Starting a Business

1. Choosing a business structure

To hit the ground running with your new venture, one of the first and most important steps is choosing the right legal structure for your business. This will affect your tax bills, your level of personal liability and the admin you need to complete to stay compliant. While there are many number of legal structures, in the UK, the most common are sole trader, partnership, limited company and limited liability partnership (LLP).

If you choose to operate as a sole trader, you’ll have complete control over your business, but it also comes with unlimited personal liability. This means any debts or legal claims made against your business are your personal responsibility, putting assets like your house or car at risk.

A limited company, on the other hand, offers the benefit of limited liability (hence the name) and your personal finances are treated as separate from those of your business. Limited companies need to be registered with Companies House, and are the most common structure for business owners looking for investment or with ambitions to be the next Elon Musk.

Partnerships are another option, where two or more people share the profits and responsibilities) – or LLPs. These combine aspects of partnerships and limited companies to offer limited liability while retaining the flexible structure of a traditional partnership. With various options out there, you need to weigh up the pros and cons of each type of business structure before you make a decision. Take a look at our guide to self employed vs limited company for more information.

2. Registering your business

Once you’ve decided which business structure you’re going with, you need to register it properly – failing to do so can land you in a heap of trouble. The registration process, which will differ depending on the structure you’ve chosen, is a key step in establishing your business as a legal entity.

For sole traders, the process is relatively straightforward. You’ll need to register with HMRC to notify them that you’re self-employed and file a self-assessment tax return every year. As for limited companies, registering with Companies House will require a unique company name, a registered office address, and at least one director.

During registration, you'll also need to outline a memorandum of association, which details the company’s purpose and structure, and the articles of association, which govern how the company is run. If your business is a partnership or LLP, you’ll need to register with HMRC for tax purposes as well, and it's highly advisable to have a formal partnership agreement in place to avoid disputes later on.

3. Understanding business licences and permits

Depending on what kind of business you start (and the regulations of your local council), you may need to have necessary licences and permits. For example, if you’re opening a café or restaurant, you’ll need a Food Business Registration with your local authority, which will involve regular inspections to make sure you meet food safety standards. If your business involves playing music in public spaces, whether in a shop or restaurant, you’ll need a Music Licence (PPL PRS) to legally play music in your establishment (so that music you hear in the background at your local coffee shop isn’t free).

There are also sector-specific permits, such as environmental permits for businesses that deal with waste or hazardous substances, and alcohol licences for selling alcohol.

4. Complying with employment law

If you plan on hiring staff, you’ll need to familiarise yourself with the various employment laws that govern your responsibilities as an employer. Employment law in the UK is extensive to say the least, covering everything from employee rights and pay, to working conditions and anti-discrimination policies.

Any business that hires employees needs to provide them with a written contract outlining their role, duties, hours, salary and conditions of employment. This contract needs to comply with UK law, providing statutory rights such as sick pay, holiday entitlement and pension contributions. Employers also need to comply with National Minimum Wage or National Living Wage regulations, as well as anti-discrimination practices.

5. Protecting intellectual property

No matter what assets your business may have, chances are its intellectual property (IP) will be one of its most valuable – and it needs to be protected. Intellectual property may include your business name, logo, product designs, inventions, and even your website’s content. Without the proper protections in place, your competitors could simply rip you off.

To stop this from happening, there are various intellectual property protections available:

Trademarks safeguard your brand’s name, logo and other symbols that distinguish your products or services from others. Filing for a trademark with the UK Intellectual Property Office means no one else can legally use your business identity without your permission.
Patents protect inventions, processes, or any new products you create. If your business develops a unique product or technological innovation, a patent prevents others from making, using or selling your invention for a set period of time.
Copyrights, on the other hand, cover original works such as written content, music, designs or software. Registering your copyright ensures your creative works are legally protected.

6. Understanding tax obligations

Every business in the UK, regardless of its size or structure, needs to register with HMRC, file annual returns, and pay the appropriate taxes. Failing to meet these obligations can result in fines, penalties, and investigations.

If you’re a sole trader, you’ll need to register for self-assessment and file a tax return each year, after which you’ll be taxed on your profits (minus allowable business expenses). Limited companies are required to pay corporation tax on their profits, as well as submit annual accounts and a company tax return to HMRC.

In addition to corporation tax, you may also need to register for VAT if your business’s turnover exceeds the VAT threshold of £85,000. VAT is charged on most goods and services, and you’ll need to submit quarterly VAT returns to HMRC.

You’ll also be responsible for paying National Insurance contributions, both for yourself as a business owner and for your employees. Working with an accountant could save you a lot of headaches when it comes to tax, as well as potentially saving you a lot of money in the process.

7. Complying with health & safety regulations

In accordance with the Health and Safety at Work Act 1974, businesses need to conduct comprehensive risk assessments to identify potential hazards and implement measures to reduce accidents in the workplace. These measures can include engineering controls, administrative changes or providing personal protective equipment (PPE).

If you have five or more employees, you need to have a written health and safety policy detailing your approach and responsibilities. Regular training on safe practices and equipment use is vital, and you must display the Health and Safety Law: What You Need to Know poster in your workplace.

8. Data protection & privacy

As the online world has expanded, so have the data privacy laws that govern it. If your business is going to collect any kind of personal data – or even have cookies on its website – it needs to comply with the GDPR (General Data Protection Regulation). The GDPR mandates that data must be processed fairly and transparently, with explicit consent obtained from individuals.

Businesses need to implement data protection measures like encryption and secure storage to safeguard against breaches (and if a breach occurs, it needs to be reported to authorities within 72 hours). Businesses also need to provide individuals with the right to access, correct or delete their data if they wish. With Meta having received a €1.2 billion fine in 2023 for breaching GDPR, data privacy isn’t something that businesses should take lightly.

9. Drafting contracts

While verbal agreements may be sufficient when things are going well, if trouble appears (and it’s a lucky business that doesn’t encounter any), contracts are the best way to avoid disputes. They make sure there’s full and legally binding clarity in business relationships, specifying everything from the scope of work to payment details.

That said, given the complexity of legally binding language, it’s a good idea to have a legal professional draw up your contracts to make sure they’re both meaningful and enforceable.

10. Insurance requirements

You wouldn’t buy a home without buildings insurance, and you shouldn’t start a company without it either. While there are numerous types, some of the key policies you should think about include:

Public liability insurance covers claims for injury or damage to third parties. If you’re a builder, for example, and accidentally drop half a tonne of bricks onto a nearby car, the vehicle's owner could make a claim to cover the cost of repairs.

Employers' liability insurance is mandatory if you have employees, covering work-related injuries or illnesses. If one of your employees is hurt while operating machinery because of inadequate machine maintenance, poor training or a lack of protective equipment, you may be held liable.

Property insurance protects physical assets from damage due to fire, theft or disasters.

Professional indemnity insurance is important for service-based businesses, covering claims of negligence. From breaching confidentiality to delivering incorrect advice, indemnity insurance keeps you secure.

Product liability insurance is necessary if you sell products, covering claims related to faulty items. For example, a customer claiming they got food poisoning by the business failing to meet food safety standards could land them in hot water extremely quickly.

Launch your company with Start Up A-Z

While the legalities of starting a business may seem daunting, with Start Up A-Z at your side, you have a trusted partner to guide you through every step. More than just offering company registration services, we deliver comprehensive advice on the legal aspects of how to set up a limited company. Whether you need help with business structure, licences, tax or anything else for that matter, our team provides personalised support tailored to your needs.

Form a company with us today for free, and take your first step towards a rewarding new future.