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GETTING YOUR STARTUP STARTED 
TIPS & TRICKS FOR NEW BUSINESS OWNERS 
COMPANY FORMATION CHECKLIST COMPLIANCE AND LAW 
BENEFITS & HEALTHCARE 
FAQ 
PRESENTED BY
Sirk Roh: 
Chief Operating Office 
Robert Lopez: 
Head Of Sales And Business 
Development
33% 
of small businesses get 
fined for doing payroll incorrectly
“Financial operations aren’t my forté. 
I have little tolerance for paperwork, 
forms, or bookkeeping, and so had 
been putting off someoperational tasks 
for too long – 
knowing this, I should have outsourced 
this as early as possible… 
Don’t cut corners here.” 
- Seth Bannon, Y Combinator Alum and 
CEO and Founder of Amicus
COMPANY FORMATION CHECKLIST 
A FEW THINGS TO DO AT THE VERY START 
Set up an EIN 
FREE TO SETUP 
Get an SUI 
REQUIRED FOR PAYROLL 
Open a Business Bank Account 
NEED COMPANY NAME AND EIN 
Workers’ Comp & Disability 
REQUIRED BY LAW IN SOME STATES
SET UP YOUR EIN 
• An EIN, also known as a Federal Tax Identification Number, is used to 
identify a business entity. EINs are issued for the purpose of tax 
administration. Anyone who has started a new business or hired or will 
hire employees is required to have an EIN 
Why 
Where 
You’ll Need 
• You can obtain an EIN for free at 
https://sa2.www4.irs.gov/modicin/individual/ 
• Your social security number
UNEMPLOYMENT AND 
WITHHOLDING 
• Setting up withholding with your SUI (State Unemployment 
Insurance) Number ensures that quarterly combined returns and 
unemployment insurance payments are credited promptly and 
accurately. You can’t set up payroll without this, unless you use a 
PEO (like Justworks). 
Why 
Where 
You’ll Need 
• https://applications.labor.ny.gov/eRegWeb/ 
• Your EIN or SSN
OPEN A BUSINESS BANK 
ACCOUNT 
• If you co-mingle your personal and business finances, a court can 
potentially go after you as it looks like you and the corporation are 
one and the same. Using a separate business account makes it much 
easier to file your business income and expenses separately from 
your personal transactions 
Why 
Where 
You’ll Need 
• PNC Bank, First Niagara, Peoples United Bank, SVB, others 
• Name of company and EIN
SET UP WORKERS’ COMP 
(IF YOU HAVE EMPLOYEES) 
• Workers’ compensation insurance protects employers and 
employees against financial losses in the case of injury. Not 
carrying this insurance for employees is a crime and the business 
owner can be prosecuted for a misdemeanor or felony (in NY, you 
also need disability). 
Why 
Where 
You’ll Need 
• http://workcompone.com/ 
• Name of company and census data (salary, job type, location)
HEALTHCARE FAQ 
COMMON QUESTIONS 
Obamacare & My Business 
HOW WILL IT BE AFFECTED? 
Getting a Policy 
HOW CAN I DO THIS? 
Contributing to Policy 
WHAT IS TYPICAL? 
Going without a Policy 
THE COSTS ASSOCIATED? 
A Great Benefit for your Employees
AFFORDABLE CARE ACT AND 
YOUR BUSINESS 
The ACA provides access to lower cost health insurance plans and 
subsidized policies for employees and employers. No more pre-existing 
conditions; you can not be denied coverage. Subsidies are based on 
income. Health Republic & Oscar are 2 examples in NY. 
Get more info at: 
http://healthcare.gov 
and 
nystateofhealth.ny.gov
HOW DO I GET HEALTHCARE? 
• Visit http://healthcare.gov or get in touch with a broker to find a group 
policy for your company 
• If your company employs less than 50 employees you have no obligation 
to offer health insurance; Depending on income levels, some employees 
might qualify for subsidies 
• Educating your employees about their options (exchange, agents) is a 
good idea since being individually insured is a requirement of the ACA. 
• For employers with more than 100 employees, the fine for not providing 
insurance could be $2000 per employee.
MINIMUM CONTRIBUTIONS FOR 
HEALTH INSURANCE 
Generally speaking the minimum contribution for all states is 50%-60% 
You can find additional information on the government websites listed on 
previous slide or seek consultation from a licensed agent / broker.
THE HEALTHCARE EXCHANGES 
• Since health insurance can be very confusing and an emotional product 
any help you can provide for your employees will be seen in a positive 
light. 
• US citizens are required to carry health insurance or face fines starting 
April 2014. 
• If you’d like your company to pay for your employees’ individual policies, 
you can, but keep in mind: 
• It’s considered taxable income, so unlike a group policy, there is no 
pre-tax benefit 
• You may not discriminate by paying for one employee’s health 
insurance while not paying for another’s
OTHER BENEFITS & INSURANCE 
A FEW THINGS TO DO AT THE VERY START 
Dental Insurance 
GOOD BENEFIT AND LOW COST 
Vision Insurance 
GOOD BENEFIT AND LOW COST 
General Liability 
TYPICALLY NEEDED FOR OFFICE SPACE 
D&O Insurance 
PROTECTS FOR SENSITIVE INFORMATION
THE LEGAL ASPECT 
Make Sure you are following the law because penalties 
DECISIONS NEEDING LEGAL INPUT 
Contractors vs. Employees 
DO THE RIGHT THING 
Corporate Entity Type 
WHERE AND HOW TO INCORPORATE 
State of Incorporation 
USUALLY DELAWARE 
Trademark Registration 
PROTECT YOUR CREATION 
can be brutal
CONTRACTORS VS. EMPLOYEES 
In general, new people should be classified as employees unless: 
1. They are explicitly temporary (eg a 3 month contract). 
2. They are hired to work on a single project, with a definitive end or 
deliverable 
3. They are being paid for a specific result (like a deliverable), rather than 
for their time
CORPORATE ENTITY TYPE 
They type of business entity you choose will depend on three primary 
factors: liability, taxation and record-keeping. 
If you’re looking to raise venture capital, the quick answer is you should 
incorporate as a C corporation. See entity type chart slide for details.
WHERE SHOULD I INCORPORATE? 
Picking the right state can save you time and money in fees and taxes as well as 
additional legal fees later if you need to change locations for business reasons. Most 
investors would prefer that your company is incorporated as a C corp in Delaware. 
If your business meets any of the following criteria in a state other than your home state, 
then you should check with the state government and/or a lawyer about applying for a 
foreign qualification: 
• Your business has a physical presence in the state 
• Your business has employees in the state 
• Your business accepts orders in the state 
• Your business has a bank account in the state
SHOULD I REGISTER MY 
TRADEMARK? HOW DO I DO IT? 
Your brand is one of your most important assets. By registering your 
trademark, you receive national protection and place everyone on notice of 
your rights to the trademark. 
Learn more: http://www.fr.com/Top-10-Benefits-of-Trademark-Registration- 
01-15-2010/ 
Register your trademark: 
http://www.uspto.gov/trademarks/teas/ 
or 
http://www.trademarkia.com
THANK YOU AND CONTACT US 
Robert Lopez 
robert@justworks.com 
888-534-1711 
@JustworksHR 
Sirk Roh 
contact@earlygrowthfinancialservices.com 
415-234-3437 
@EarlyGrowthFS

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Essential Startup Guide with Legal Tips

  • 1. GETTING YOUR STARTUP STARTED TIPS & TRICKS FOR NEW BUSINESS OWNERS COMPANY FORMATION CHECKLIST COMPLIANCE AND LAW BENEFITS & HEALTHCARE FAQ PRESENTED BY
  • 2. Sirk Roh: Chief Operating Office Robert Lopez: Head Of Sales And Business Development
  • 3. 33% of small businesses get fined for doing payroll incorrectly
  • 4. “Financial operations aren’t my forté. I have little tolerance for paperwork, forms, or bookkeeping, and so had been putting off someoperational tasks for too long – knowing this, I should have outsourced this as early as possible… Don’t cut corners here.” - Seth Bannon, Y Combinator Alum and CEO and Founder of Amicus
  • 5. COMPANY FORMATION CHECKLIST A FEW THINGS TO DO AT THE VERY START Set up an EIN FREE TO SETUP Get an SUI REQUIRED FOR PAYROLL Open a Business Bank Account NEED COMPANY NAME AND EIN Workers’ Comp & Disability REQUIRED BY LAW IN SOME STATES
  • 6. SET UP YOUR EIN • An EIN, also known as a Federal Tax Identification Number, is used to identify a business entity. EINs are issued for the purpose of tax administration. Anyone who has started a new business or hired or will hire employees is required to have an EIN Why Where You’ll Need • You can obtain an EIN for free at https://sa2.www4.irs.gov/modicin/individual/ • Your social security number
  • 7. UNEMPLOYMENT AND WITHHOLDING • Setting up withholding with your SUI (State Unemployment Insurance) Number ensures that quarterly combined returns and unemployment insurance payments are credited promptly and accurately. You can’t set up payroll without this, unless you use a PEO (like Justworks). Why Where You’ll Need • https://applications.labor.ny.gov/eRegWeb/ • Your EIN or SSN
  • 8. OPEN A BUSINESS BANK ACCOUNT • If you co-mingle your personal and business finances, a court can potentially go after you as it looks like you and the corporation are one and the same. Using a separate business account makes it much easier to file your business income and expenses separately from your personal transactions Why Where You’ll Need • PNC Bank, First Niagara, Peoples United Bank, SVB, others • Name of company and EIN
  • 9. SET UP WORKERS’ COMP (IF YOU HAVE EMPLOYEES) • Workers’ compensation insurance protects employers and employees against financial losses in the case of injury. Not carrying this insurance for employees is a crime and the business owner can be prosecuted for a misdemeanor or felony (in NY, you also need disability). Why Where You’ll Need • http://workcompone.com/ • Name of company and census data (salary, job type, location)
  • 10. HEALTHCARE FAQ COMMON QUESTIONS Obamacare & My Business HOW WILL IT BE AFFECTED? Getting a Policy HOW CAN I DO THIS? Contributing to Policy WHAT IS TYPICAL? Going without a Policy THE COSTS ASSOCIATED? A Great Benefit for your Employees
  • 11. AFFORDABLE CARE ACT AND YOUR BUSINESS The ACA provides access to lower cost health insurance plans and subsidized policies for employees and employers. No more pre-existing conditions; you can not be denied coverage. Subsidies are based on income. Health Republic & Oscar are 2 examples in NY. Get more info at: http://healthcare.gov and nystateofhealth.ny.gov
  • 12. HOW DO I GET HEALTHCARE? • Visit http://healthcare.gov or get in touch with a broker to find a group policy for your company • If your company employs less than 50 employees you have no obligation to offer health insurance; Depending on income levels, some employees might qualify for subsidies • Educating your employees about their options (exchange, agents) is a good idea since being individually insured is a requirement of the ACA. • For employers with more than 100 employees, the fine for not providing insurance could be $2000 per employee.
  • 13. MINIMUM CONTRIBUTIONS FOR HEALTH INSURANCE Generally speaking the minimum contribution for all states is 50%-60% You can find additional information on the government websites listed on previous slide or seek consultation from a licensed agent / broker.
  • 14. THE HEALTHCARE EXCHANGES • Since health insurance can be very confusing and an emotional product any help you can provide for your employees will be seen in a positive light. • US citizens are required to carry health insurance or face fines starting April 2014. • If you’d like your company to pay for your employees’ individual policies, you can, but keep in mind: • It’s considered taxable income, so unlike a group policy, there is no pre-tax benefit • You may not discriminate by paying for one employee’s health insurance while not paying for another’s
  • 15. OTHER BENEFITS & INSURANCE A FEW THINGS TO DO AT THE VERY START Dental Insurance GOOD BENEFIT AND LOW COST Vision Insurance GOOD BENEFIT AND LOW COST General Liability TYPICALLY NEEDED FOR OFFICE SPACE D&O Insurance PROTECTS FOR SENSITIVE INFORMATION
  • 16. THE LEGAL ASPECT Make Sure you are following the law because penalties DECISIONS NEEDING LEGAL INPUT Contractors vs. Employees DO THE RIGHT THING Corporate Entity Type WHERE AND HOW TO INCORPORATE State of Incorporation USUALLY DELAWARE Trademark Registration PROTECT YOUR CREATION can be brutal
  • 17. CONTRACTORS VS. EMPLOYEES In general, new people should be classified as employees unless: 1. They are explicitly temporary (eg a 3 month contract). 2. They are hired to work on a single project, with a definitive end or deliverable 3. They are being paid for a specific result (like a deliverable), rather than for their time
  • 18. CORPORATE ENTITY TYPE They type of business entity you choose will depend on three primary factors: liability, taxation and record-keeping. If you’re looking to raise venture capital, the quick answer is you should incorporate as a C corporation. See entity type chart slide for details.
  • 19. WHERE SHOULD I INCORPORATE? Picking the right state can save you time and money in fees and taxes as well as additional legal fees later if you need to change locations for business reasons. Most investors would prefer that your company is incorporated as a C corp in Delaware. If your business meets any of the following criteria in a state other than your home state, then you should check with the state government and/or a lawyer about applying for a foreign qualification: • Your business has a physical presence in the state • Your business has employees in the state • Your business accepts orders in the state • Your business has a bank account in the state
  • 20. SHOULD I REGISTER MY TRADEMARK? HOW DO I DO IT? Your brand is one of your most important assets. By registering your trademark, you receive national protection and place everyone on notice of your rights to the trademark. Learn more: http://www.fr.com/Top-10-Benefits-of-Trademark-Registration- 01-15-2010/ Register your trademark: http://www.uspto.gov/trademarks/teas/ or http://www.trademarkia.com
  • 21. THANK YOU AND CONTACT US Robert Lopez robert@justworks.com 888-534-1711 @JustworksHR Sirk Roh contact@earlygrowthfinancialservices.com 415-234-3437 @EarlyGrowthFS