Legal Question in Employment Law in California
What do we need to start a business?
We just started a "partnership" and I would like to know the minimum HR requirements by law. We do not have any "employees" working, it is just the partners. Do we need workers compensation, health insurance?? What type of human resources information is required for us to have as a start-up company with only 4 partners?
2 Answers from Attorneys
Re: What do we need to start a business?
I recommend that you consult with an attorney who is experienced in partnership law. You should have a written partnership agreement, especially if there are four of you. An attorney can help ferret out some of the inevitable conflicts that are present in every partnership situation. A few of these include, what if you don't get along? What happens when someone leaves, whether by quitting, death, or disability? How will non-cash contributions be valued? How will assets and debts be divided? Are the income needs of the partners different? Are the ages and/or health of the partners different? Are any of the partners married? These are only a FEW of the questions that you MUST address if you are to have any chance of a successful partnership. You may be able to obtain workers' compensation insurance. Check with an insurance agent. Health insurance is not required, but is important. There are also various types of partnerships such as general partnerships, limited partnerships, limited liability corporations, limited liability partnerships, etc. THE BEST ADVICE I CAN GIVE YOU IS TO CONSULT WITH A COMPETENT ATTORNEY. THIS ADVICE IS GENERAL IN NATURE AND SHOULD NOT BE CONSIDERED TO BE A SUBSTITUTE FOR A CONSULTATION WITH AN EXPERIENCED ATTORNEY.
Re: What do we need to start a business?
If it is just the partners there are no HR requirements. Not unless you have paid employees. Partners only need to divide up the profits and then see your accountant re the best way to reduce taxes on it.