ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Friday 24 April 2015

Investment Through Signing Contracts in Vietnam

Business co-operation contract (BCC) means the investment form signed between investors in order to co-operate in business and to share profits or products without creating a legal entity.
Build-operate-transfer contract (BOT) means the investment form signed by a competent State body and an investor in order to construct and operate commercially an infrastructure facility for a fixed duration; and, upon expiry of the duration, the investor shall, without compensation, transfer such facility to the State of Vietnam.
Build-transfer-operate contract (BTO) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; and, upon completion of construction, the investor shall transfer the facility to the State of Vietnam and the Government shall grant the investor the right to operate commercially such facility for a fixed duration in order to recover the invested capital and gain profits.
Build-transfer contract (BT) means the investment form signed by a competent State body and an investor in order to construct an infrastructure facility; and, upon completion of construction, the investor shall transfer the facility to the State of Vietnam and the Government shall create conditions for the investor to implement another project in order to recover the invested capital and gain profits or to make a payment to the investor in accordance with an agreement in the BT contract.
Foreign investors may sign BOT, BT and BTO contracts with a competent State body to implement infrastructure construction projects in Vietnam. Typically, the contracts are for projects in the fields of transportation, electricity production, water supply, drainage and waste treatment.
The rights and obligations of the foreign investor will be regulated by the signed BOT, BT and BTO contract. The Government encourages both public- and private-sector investors to participate in BOT, BTO and BT in the following sectors:
(i)              Construction, operation and management of brand-new infrastructure facilities; and
(ii)             Renovation, expansion, modernization, operation and management of the existing infrastructure facilities such as:
•     Roads, bridges, tunnels, and ferry landings;
•     Railway bridges and railway tunnels;
•     Airports, seaports and river ports;
•     Clean water supply systems; sewage systems;
•     Wastewater, waste collecting and handling systems;
•     Power plants and power transmission lines;
  • Infrastructure works of health service, education, training, career training, culture, sport and offices of State agencies; and
•     Other projects as may be determined by the Prime Minister

Family Office Services

Vietnam has been considered as an attractive fit for family offices.

Bloomberg considers Vietnam as "New Tiger" in Asia
Vietnam Family Office Services
The Vietnam’s stock market has been around fifteen ten years. Fund certificates in various forms are available such as close ended fund, open ended fund, Exchange Traded Fund (ETF). Foreign investors are now allowed to hold up to 49% shares in a listed company and this room has been in the process to change in the near future. Although Vietnam market is considered small for pension funds or the similar, this market is a right fit for family offices.
Further, foreigners are now allowed to make direct investment, hold 100% and conduct business in most areas after the new investment law’s effective date of Jul 1st, 2015. The real estate law has been passed with effective on the same date with new investment law, allowing foreigners entering Vietnam to buy real estate.
We are a local professional management consulting firm with family office service that assist foreign clients with asset management and consolidated reporting of all the family’s assets.
In particular, we provide wealth management and tax planning, trustee and corporate services, and support with indirect investment, direct investment, real estate and family governance.
We are your consultants and we could act as nominee shareholder, nominee director, or provide management service that help you achieve the goal, and stay in private status at the same time.
We look forward to helping you find the family office services you need in Vietnam.
To learn further about us, send email: ant@antconsult.vn, call office tel +848 35202779 or meet us at our offices.
Let ANT Consulting help your business in Vietnam.

Set-up Branch Office in Vietnam

The Branch of a foreign business entity in Vietnam (referred as “The Branch”).

Means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
Set-up branch office in Vietnam
Set-up branch office in Vietnam
The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.
The Branch is permitted to conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.
ANT Consulting is here to assist you from the outset; providing intelligence, information, management or support and administrative services that assist market entrance, and ensure efficient business start-up operation.  Our services are as following:
We strive to save your cost by guiding you towards economical solutions that comply with local legislation and procedures. We support you through early logistic solutions and carry you through as your business grows.  We aim to bridge the gap between international best practices and local cultures and assist foreign companies and organizations entering Vietnam market to overcome commercial and regulatory issues.
We could be reached at email: ant@antconsult.vn or call +848 3520 2779 (HCMC Office), +844 39388751 (Hanoi Office).  To learn more about us, please visit www.antconsult.vn

Monday 20 April 2015

Benefits of Setting Up Business in Danang

DANANG IS CONSIDERED AN IDEAL DESTINATION FOR INVESTMENT. THE RESULT SHALL BE INCREDIBLE WHERE WE EVALUATE ON THE FOLLOWING ASPECTS:
Danang – one of the strategic economic centers of Vietnam’s central region
In March 13th, 2004, the prime minister signed a decision to establish central region’s strategic economic center, including 05 provinces and cities: Thua Thien Hue, Danang, Quang Nam, Quang Ngai and Binh Dinh to promote potential, geographical location and competitive advantages and step by step develop this economic region to become one of the most dynamic economic region in the country. In particular, Danang is defined as the role of nuclear motivation for promoting the development of the central region and the highlands.
Benifits of setting up business in Danang Vietnam
Benifits of setting up business in Danang Vietnam
Danang – eastern gateway of east – west economic corridor (EWEC)
EWEC is one of five economic corridor developed by the initiative of the Asia development bank in the greater Mekong sub – region.
Currently, the road system in Laos, Thailand and the road line from Danang to Savannakhet are completed. The second international bridge spanning the Mekong river was completed in the end of  2006 to facilitate the circulation of goods and passengers by road line from Danang to the northeastern provinces of Thailand and vice versa. East-west economic corridor not only provide an opportunity for the country on the path of promoting regional cooperation and improve living standards for the people but also enable businesses better access to the raw materials market services, capital, labor and technology with the purpose of creating favorable conditions for investment and trade across the border and diversifying economic activity and exports and promoting tourism development
Danang – entrance of the cultural heritage and natural wonders of the world
Danang is located in the heart of the “world heritage road”, stretching from the central coast of Vinh city to Da Lat city. From Danang, along the national highway 1A, visitors can access quickly and conveniently four of five world heritages in Vietnam, including Phong Nha – Ke Bang national park (about 300 km from the north of Danang), the ancient capital of Hue (about 100km from the north), Hoi An (about 30km from the southeast) and My Son (about 70 km from the southwest).
With the advantage of geographical location and potential economic development in tourism, Danang is an ideal destination for tourists as well as investors.
Infrastructure is step by step improved
Danang is an important traffic hub of the central  – highlands and country with system of international airports, deep sea ports, roads, north-south railways  developed conveniently.
Danang port is the third largest commercial ports in Vietnam after Saigon port and the port of Haiphong. With a depth of 11m wharf, warehouse systems and equipment upgraded by capital funds of the government of Japan, Danang port can receive ships with a capacity of 45,000 dwt and others such as container ships, passenger ships, cargo ships. Danang is the international shipping route anabling to go to Hong Kong, Singapore, Japan, Taiwan and Korea.
Danang international airport is one of the three best airports in Vietnam. In addition to domestic flights, there are weekly international flights directly from Danang to Singapore, Bangkok, Taipei. In the near future, the airport will open more routes to Hong Kong, Japan and Korea. Danang international airport is currently being upgraded and expanded to meet the needs of increasing passengers and cargos.
The system of roads in and out of the city are constantly being expanded and newly constructed
Telecommunication systems: Danang is one of three major telecomunication centers of the country, international transmission speed with good quality of  Southeast Asia. Danang post provides various and modern telecommunication services and be capable meeting the needs of customers.
The other services supporting investment (financial, banking, insurance …): most banks and finance companies of Vietnam have large branches in Danang. Some branches of foreign banks and international insurance companies are operating effectively in the city. These services have increasingly been improved better to meet the needs of investors.
Trained and abundant human resources
Danang has abundant human resources (over 50% of the population of the city), mostly young labor. Number of employees with technical expertise trained account nearly a quarter of the labor force. Labor costs in Danang are lower than some other cities in the country.
Danang is one of the provinces in the country with the high educational development index which create a favorable platform for the development of human resources of the city to perform the goal of improving the quality of human resources, quality of life. The city has about 14 universities, 15 colleges and professional schools with nearly 140,000 students. This system performs training in most areas of science, engineering, information technology, economics, business administration, language and pedagogy… Danang university also cooperates with universities of countries with an advanced education such as France, US, Japan, Australia, Canada, New Zealand …
Software technology center in Danang is one of the leading software producers in Vietnam and is the leading training center of the central region. Over the years, the software technology center  has cooperated closely with companies of India (aptech) and Japan (aots) to train programmers, technicians and engineers reaching the international standard.
In addition, the city also has about 55 vocational training centers which often provide short-term training courses in computer science, sewing, mechanics, electricity – electronics, construction techniques, etc …
Quality of life
Along with the process of urbanization, economic growth in recent years has helped to material life and spirit of the people of Danang continuously improved.
Unlike other large cities in Vietnam, next to the bustle of urban development, living in Danang always bring a sense of peace, comfort and closeness to nature. Danang is one of the very few cities in Vietnam having a harmonious combination between high mountains, deep forests, long beach, deep river. After work, you can easily find space to relax beside the river or on beautiful beaches.
Danang today is a city with a healthy cultural environment, with urban civilized lifestyle, literacy levels elevated, beautiful natural scenery. It can be said that Danang is an exciting place to live, work, travel  and invest in Vietnam.
If you wish to explore investment opportunities in Danang, or set-up companybusiness in Ho Chi Minh City in particular or in Hanoi or in Vietnam in general, please contact us via email ant@antconsult.vn or call our office number: +848 35202779 (HCMC) or +844 39388751 (Hanoi).
ANT Consulting, let us help your business in Vietnam.

Vietnam Supports Australian Enterprises Investing and Setting-up Business in Vietnam

DURING AN OFFICIAL VISIT TO AUSTRALIA, IN THE MORNING OF MARCH 17TH (LOCAL TIME), IN SYDNEY, PRIME MINISTER NGUYEN TAN DUNG AND HIGH-LEVEL DELEGATION TO THE GOVERNMENT OF VIETNAM HAD THE DIALOGUE WITH THE BUSINESSES OF VIETNAM AND AUSTRALIA’S ON THE DEVELOPMENT OF VIETNAM’S ECONOMY AS WELL AS THE OPPORTUNITIES, PROSPECTS FOR COOPERATION BETWEEN THE TWO COUNTRIES.
Vietnam Supports Australian Enterprises Investing and Setting-up Business in Vietnam
Vietnam Supports Australian Enterprises Investing and Setting-up Business in Vietnam
The dialogue of Prime Minister Nguyen Tan Dung has attracted the participation of hundreds of large enterprises of Vietnam and Australia in the areas of banking, finance, energy, oil and gas, mining.  Prime Minister Nguyen Tan Dung has directly answered many questions of the businesses, Australian investors relating to prospects, opportunities to promote and enhance the intrinsic comprehensive partnership between Vietnam and Australia.
Prime Minister Nguyen Tan Dung has generalized the development of Vietnam’s economy from an underdeveloped country with a closed economy and until now Vietnam has become a middle-income country with a dynamic economy, enter into the regional economy and the world’s.
Vietnam achieved GDP growth of nearly 6% in 2014. Until now, registered aboard direct investment capital is up to nearly $ 300 billion, with nearly 18,000 projects from more than 100 countries and territories. Currently, there are over 100 leading corporations investing and set-up business venture in Vietnam.
The Prime Minister stressed: “To attract more powerful, more efficient foreign investment, the Government of Vietnam will continue to fulfill its smooth operation and economic institutions in Vietnam market, compete equally between domestic firms and foreign firms as committed international integration of Vietnam.
Vietnam confirms continuing international economic integration deeper through the full implementation of its commitments in the WTO and bilateral free trade agreements as well as other multilateral ones. Currently we are implementing 8 free trade agreements and negotiations and will continue to expand the market, open market with other free trade agreements, especially the new generation FTA with high requirements to create competitive business environment in the ASEAN region and create a legal framework consistent with international business practice in the market of Vietnam … “
Prime Minister Nguyen Tan Dung also said that Vietnam is focusing on the three breakthrough strategies to facilitate the attraction of investment and development, business and promote economic development, which is perfect institutional market economy as well as investment in infrastructure development and training human resources, especially human resources quality.
Vietnam also continues to ensure political and social stability and protects the legitimate rights and legality of investors, including domestic and foreign; and continue to improve the rule of law, ensure and promote strong democratic liberties of the people, both economically and politically.
Prime Minister Nguyen Tan Dung has listened and directly answered many of the questions of businesses, Australian investors relating to prospects, opportunities to promote and strengthen comprehensive partnerships between Vietnam and Australia especially to promote cooperation in the field of competitive advantage, such as mining, energy, chemicals, agriculture, finance, banking, education and high quality services.
Government of Vietnam also supports Australian businesses involved in the process of restructuring the economy of Vietnam, especially in the strong field of Australia such as energy, telecommunications infrastructure, education – training, agricultural business and finance.
If you wish to explore investment opportunities in Danang, or set-up companybusiness in Ho Chi Minh City in particular or in Hanoi or in Vietnam in general, please contact us via email ant@antconsult.vn or call our office number: +848 35202779 (HCMC) or +844 39388751 (Hanoi).

Friday 17 April 2015

How to Declare VAT for Foreign Contractors in Vietnam

Foreign Contractors are subject to tax for their income in Vietnam. On February 11, 2015, the Ministry of Finance signed the Decision No. 274/QD-BTC on publishing amendments and supplements of administrative procedures in the tax management under the Ministry of Finance’s authority.
Declare Tax for Foreign Contractors in Vietnam
Declare Tax for Foreign Contractors in Vietnam
Under this Decision, procedures of declaring tax for foreign contractors, foreign sub-contractors paying value added tax according to the direct method on value added tax, paying enterprise tax based on percentage of revenue for business operations and other incomes shall be amended and replaced. Specifically, foreign contractor, foreign sub-contractor shall prepare one dossier including tax declaration (according to the Form), copies of the Contract for Contractor/Sub-Contractor certified by the tax payer (for the first tax declaration of Contract for Contractor); Copy of Business License or Profession license certified by the tax payer and send to the Department of Taxation. Of which, tax declaration shall be made in each arising tax duty. Deadline for submitting the tax declaration document is no later than the tenth day since the day of arising tax duty. In the event that Vietnamese party pays for foreign contract many times in the month, it can be declared by month instead of making declarations for each time. Deadline for submitting the tax declaration document is no later than the twentieth day of the next month since the month of arising tax duty. This Decision takes effect on October 01, 2014.

Mandatory Announcement of Cosmetic Product

BUSINESS OWNERS BEING ORGANIZATIONS AND INDIVIDUALS RESPONSIBLE FOR LAUNCHING COSMETIC PRODUCTS ON THE MARKET ARE ONLY ALLOWED TO PUT INTO CIRCULATION WHEN THE COMPETENT STATE AGENCIES APPROVE AND THE BUSINESS OWNERS MUST BEAR FULL RESPONSIBILITY FOR THE SAFETY, EFFICIENCY AND PRODUCT QUALITY. COMPETENT STATE AGENCIES WILL CONDUCT POST-TRADE TEST WHEN THE PRODUCTS ARE BEING SOLD TO THE MARKET.
setting up cosmetics company in Vietnam
setting up cosmetics company in Vietnam
Cosmetics are substances or preparations used in contact with the external parts of the human body (skin, hair, nails, lips and external genital organs) or the teeth and oral mucosa with the main purpose is to clean, perfume, change appearances, form, adjust body odor, or protect body or to keep the body in good condition.  The following will provide conditions and list of cosmetic types subject to mandatory annoucement.
1. Conditions to apply:
- Organizations and individuals responsible for launching the product into circulation on the market must have function to doing cosmetics business in Vietnam
- The announcement of the features of cosmetic products (intended use of the product) must satisfy the ASEAN guidelines on disclosure features of cosmetic products
2. Kinds of cosmetic that have to announce the distribution of cosmetics:
Kinds of cosmetic products must disclose the circulation of cosmetic products:
- Cream, emulsion, lotion, gel and oil for skin (hand, face, feet)
- Face mask (with the exception of chemistry peeling products)
- Tinted (liquid, paste, powder)
- Makeup powder, after shower powder, toilet powder
- Bath soap, deodorant soap
- Perfume, toilet perfume
- Products for bath or shower (salt, foam, oil, gel)
- Hair removal products
- Deodorants and anti-perspirants
- Shaving products (cream, foam, lotion)
- The makeup and makeup remover products for face and eyes
- Products used for lips
- Products for take caring teeth and mouth
- Products for nail care and adorn
- The products used to clean the outside
- Sun cream products
- Products for tanning without sun
- Skin whitening products
- Anti-wrinkle products
- Other products
Anti-mosquito products, air freshener, fabric softener, bleach, toilet, oxygen liquid, antiseptic alcohol 700, alcohol 900, denture cleaning products that are not exposed to the oral cavity, fake eyelashes, liquids to take care of eyes/nose/ears, against nasal congestion product, anti-snoring products, vaginal lubrication gel, ultrasound gel, the product in contact with the genital, rectal enema, anesthesia , reduce/control the swelling/edema, dermatitis treatment, allergy relief, anti-fungal, anti-virus products, stimulate hair/eyelash growth, the product removed/reduced fat/ reduced body size, weight loss products, prevent/stop hair growth products, stop sweating process, permanent tattoo ink, remove keloid scars reduction products, wound cleaning products.

Construction Contract in Vietnam

COMPANIES SEEKING TO BUILD AN OFFICE BUILDING OR INDUSTRIAL FACILITY WORK WITH THE CONTRACTOR THROUGH A CONSTRUCTION CONTRACT.
construction lawyers in Vietnam
construction lawyers in Vietnam
There are several types of construction contract used in the construction industry depending on the level of control from parties involved in terms of investment, responsibilities and duration.
Fixed price is a type of construction contract that offer a total fixed priced for all construction related activities. This contract type could include incentives or benefits for early termination, or can also have penalties, called liquidated damages, for a late termination. This contract type is preferred when a clear scope and a defined schedule has been reviewed and agreed upon.
Cost plus contract is a type of construction contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. This type of contract must contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost) covering contractor’s overhead and profit. Costs must be detailed and should be classified as direct or indirect costs.
Time and material contract is usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead. Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized.

Thursday 16 April 2015

Some Notable Changes in Vietnam Enterprise Law from Jul 2015

There have been a number of significant changes to the Vietnam law on enterprise to improve the business efficiency. Under this law, limited liability companies and joint stock companies may have one or more than one atlaw representative, of which at least one at-law representative resides in Vietnam. An enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one atlaw representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize in writing another person to exercise the rights and perform the obligations of the at-law representative.
Some Notable Changes in Vietnam Enterprise Law from Jul 2015
From July 01, 2015, enterprises may decide on the appearance, quantity and content of seal and before using a seal, an enterprise shall notify the seal specimen to the business registration agency for publicly posting on the national enterprise registration portal. These are significant contents as prescribed under the Law No. 68/2014/QH13 on Enterprises approved by the National Assembly on November 16, 2014. Another significant point is regulation on omission of business sectors in enterprise registration certificate. From July 01, 2015, enterprise name and identification number, head office address of the enterprise; charter capital and information of the at-law representative of the enterprise, information of the general partners for partnerships; of the enterprise owner for private enterprises… The at-law representative of an enterprise shall register the changes in the contents of the enterprise registration certificate within 10 working days after making the changes. After being granted an enterprise registration certificate, an enterprise shall publicly announce the enterprise registration on the National Enterprise Registration Portal within 30 days. This Law takes effect on July 1, 2015 and replaces the Law No. 60/2005/QH11 on Enterprises and June 20, 2013 Law No. 37/2013/QH13 amending and Supplementing Article 170 of the Law on Enterprises.

Investment Incentives for IT area in Vietnam

VIETNAM IS ATTRACTING INVESTORS FROM AROUND THE WORLD TO MAKE INVESTMENT THROUGH SETTING UP IT SERVICE COMPANY IN VIETNAM
setting up IT company in Vietnam
setting up IT company in Vietnam
Since 2010, Vietnam has initiated and invested more resources in the information technology which has been realized as an area that could create a competitive edge for Vietnam.  Recently, the Vietnam government has put a legal frameworks to attract more investment in this area, with the issuance of Decree No.154/2013/ND-CP, taking effect from Jan 1st, 2014 guiding particularly on management of the focused information technology areas.
Accordingly, the enterprises at focused information technology areas will enjoy tax benefits i.e. income tax rate of 10% within 15 years, in some specific cases, extended to 30 years; exempt 50% within 5 continuous years. They are exempted the import tax when importing goods to build fixed properties, manufacture such as machines, equipment, parts, assembles.
Besides, these enterprises may enjoy convenient conditions in customs procedure, incentives in export tax, investment credit, import credit and favorable policies for enterprises business in high technology area.

The focused information technology area must have at least 2,000 employees specialized in information technology; in case of emphasizing in software manufacture, digital content, information technology service, 1,000 specialized employees will be employed at least. 

Thursday 9 April 2015

Why choose Vietnam and Japan to Invest?

When considering where to invest in Asia there are many options out there. We can suggest two countries in this vast continent which represent great setup opportunities for any global entrepreneur - Japan and Vietnam.
Why invest in Japan?
Japan boasts easy and transparent company setup, with minimal red tape. While for example in many South-East Asian countries local partnership is required to setup a new company, in Japan foreign entrepreneurs may own 100% of a Japanese company with no minimum investment requirement.
The optimal business entity type is The Godo Kaisha . This vehicle is the most common corporate type used for Japanese subsidiaries, when the proposed business does not require a complex capital structure. Alternatively, trading businesses in Japanese free zones can enjoy multiple business setup incentives, including:
  • No custom duties on imports and exports;
  • Flexible labour laws and
  • Faster business incorporation timeliness.
Japan business setup still requires appointing of a local resident director, but this can be easily negated via expert nominee director services.

Why invest in Vietnam?
While Japan is a safe bet for reaching large, profitable clientele, the operational costs of this mature market can be very high. Vietnam, these days, is more cost-efficient than most Asian countries. In 2014 multiple business setups moved their operations in Vietnam, rather than China due to lower business costs.
Vietnam has slower setup procedures which may take up to two months due to significant Government red tape. However, local regulations allow 100% foreign-owned business setups which is the preferred option for almost all foreign investors.
Conveniently, there are multiple advantages to setting up a Vietnamese business, including:
  • Only one director of any nationality is required;
  • Only one shareholder of any nationality is required;
  • Only one US$1 is the required issued share capital;
  • There is no travel to Vietnam required;
  • Vietnam boasts the lowest labour costs in the region;
  • Being part of ASEAN secure no import duties with multiple countries in the region.
Each city in Vietnam that have difference benifits to sett up business such as in Ho Chi Minh city, Ha Noi or Da Nang.

Conclusion
Both Japan and Vietnam offer significant advantages to setting up new business in their territories. From reputable, stable markets such as Japan to cost-efficient, growing solution as Vietnam, foreign entrepreneurs can choose their optimal business setup jurisdiction in Asia!
via Lowtax

What you need to know when setting up a business?

Starting my company Gloss and Glam was the best thing I ever did. But before I opened my business, I spent countless hours speaking to lawyers, accountants, and other entrepreneurs trying to figure out next steps. Save yourself countless hours — and the possible headache of making a huge foundational mistake — by getting these five things straight before you start up your business:

  1. Own your name. Make sure the company name you choose is one with an available trademark and Internet domain name. To see if a trademark is available, you can do a trademark search online through the United States Patent and Trademark Office’s website. Failure to properly obtain a trademark could put your fledgling business at risk — not to mention that the time and money you have invested in establishing your business name could go to waste if someone else owns the trademark. Don’t assume your new business name is not trademarked because you were unsuccessful finding such name on the Internet, either. Someone could have used the name for a business that closed, or filed a trademark and never used it.
  2. Get in with the law. Understand what regulations, licenses and taxes you will need to follow, obtain and pay for your new business. After doing some initial research on your own, consult with a lawyer and accountant to confirm your understanding and to help structure your business to be in compliance with the law. Generally speaking, you will need to need to (i) ensure you are charging the correct amount of tax your service or product that your business is promoting, if applicable and (ii) obtain all of the proper licenses needed to run your new business, at a minimum. Establishing a successful business is hard enough. The last thing you need is some technical legality or administrative detail to stand in the way of your success.
  3. How much do you need to live? When working on your business plan, do not forget about the most important factor: YOU. You need to take into account your living costs. Rent, mortgages, and health insurance — these are all things that don’t pay for themselves. You will most likely need to cut out all the unnecessary extras you can live without. Make sure you account for unforeseen or unexpected expenses by factoring a little flexibility into your budget for those “just-in-case” moments. You might even consider taking a part-time job until things pick up with your new venture and speak to a financial planner to help you budget yourself properly.
  4. Where are you in your life? Starting a new business takes brains, bravery, and what will seem to be endless hours of hard work. When you own your own company, there is always something that has to get done. You will most likely find yourself working at least 60-80 hours a week for the first two years. With that said, I’ll ask you one very important question: Are you ready to give up your personal life for the next three years?
  5. Don’t over — or under — spend. Starting a business can be incredibly financially taxing on you and your family. You will need to learn where and when to spend. It’s important not to waste those precious seed dollars but it’s equally important to spend where necessary. In any business, you often have to spend money to make money.  Don’t skimp out on things your company needs. For example, it may be worth it to put $1500 in an online vendor listing, but it may not be necessary to give every new customer a $15 mug. Be sure to keep up with technology too — there are many time-saving programs and apps (including free or inexpensive ones) that can help you keep track of it all, and as we all know, “time is money.
_Via Forbes_