Legal Question in Business Law in Florida

About Legal Structure in Small Home-Based Business

I'm going to start a small home-based business (pet-sitting) and I need to know if (besides occupational license and Fictitious Name Registration) I must open a corporation too (actually Sole Proprietor)and (if that the case)where do I need to go to apply for it. The last point: is there any ''legal model'' of Service Contract (agreement)that should I get? Because the customer and I must sign an agreement with every assignment. I'm making the contract by myself but I'm going to need legal assistance with the clauses. I know I'm going to need to hired a lawyer for it, but I just want the service to guide me with the steps I must follow to be in the right structure. Could you recommended me any Laywer for that purpose?

Thanks a lot.


Asked on 6/07/04, 8:23 pm

3 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: About Legal Structure in Small Home-Based Business

You do not "have to" form a corporation or register a fictitious name (a "dba") for that corporation, but you may want to in order to provide yourself with a layer of protection from personal liability in the event a claim is filed in connection with your business. You should meet with a lawyer to explore your options and determine which one works best for you (i.e., sole proprietorship, corporation, LLC, etc.). As for the written contract between you and your clients, it is a great idea. The contract will provide you with yet another layer of protection. You should consult with an attorney concerning its preparation. At a minimum, the lawyer will need to learn the details of your business, what insurances you intend to have in place, the type and quantity of animals you will be in charge of, the place where you will be taking care of the animals, and other issues that will affect the client-customer relationship. If you are interested in speaking with me regarding this matter, please call my office.

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Answered on 6/07/04, 9:50 pm
David Slater David P. Slater, Esq.

Re: About Legal Structure in Small Home-Based Business

1.The type of business entity you choose depends upon your business needs. I would need more information to advise on what you should do.

2. There are numerous service contract forms you can use depending upon what you want specified. A library is a good place to start. Good luck on your new business.

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Answered on 6/08/04, 4:39 am
Randall Gilbert Gilbert & Caddy P.A.

Re: About Legal Structure in Small Home-Based Business

Here's what I would do if I were you:

(1) Go to sunbiz.org and file for a corporation on-line yourself. Then contact an accountant to set your corp up in the right tax status.

(2) Go to a pet sitting place that has been in business for a long time. First it is important for you to know your competitors, and you may get other ideas of services you can offer. Second, leave your dog, and see what their contracts say.

Good luck, but if you need assistance drafting let me know.

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Answered on 6/08/04, 7:08 am


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