How to Start Your Business Off On the Right Foot

How to Start Your Business Off On the Right Foot

How to Start Your Business Off On the Right Foot

Before you decide on a location, design a logo, or pick out furnishings, it is crucial to choose the right business structure for your small business. This decision will greatly affect your daily operations, impacting everything from liability and taxes to the amount of paperwork and control you have over your own business. There are numerous forms, or structures, each with their own benefits and drawbacks and some with overlapping characteristics. An experienced business attorney will explain the pros and cons and help you determine which structure is the most appropriate for your Colorado business and financial goals. This post will explore four of the most common business structures. According to the Internal Revenue Service (IRS), these are Sole Proprietorship, General Partnership, Corporation, and Limited Liability Company (LLC).

1. Sole Proprietorship

The most basic of business structures, sole proprietorship is used by more than 70 percent of businesses in the U.S. according to the Small Business Administration. With this structure, you are responsible for all of your business’s profits and debts. You are also personally liable for everything that the “business” does as you are the business.

2. General Partnership

Two or more individuals own the business in a general partnership. Most times, partnerships are general partnership in which everything is shared based on the ownership of each partner. Partnerships may also be set up as limited partnerships, limited liability partnership, or a limited liability limited partnership. With general partnerships, all partners have personal liability for what the partnership does.

3. Corporation

A corporation is an entity that is separate from its owners, meaning it has limited liability. It is independent with its own legal rights (e.g. ability to sue, be sued, own and sell property and stocks, etc.). Most household names, like Coca-Cola, Microsoft, and Google, are corporations. There are two ways that corporations can be taxed (C corporations and S corporations) so many people will refer to their corporation by its tax structure rather than just a corporation.

4. Limited Liability Company (LLC)

LLCs have been seen as a hybrid of partnerships and corporations. Their owners are called “members”. They can be taxed multiple ways leading to being loved by CPAS. LLCs protect members from personal liability for the debts of the business most of the time, provided they have not conducted activities in an illegal, unethical, negligent, or irresponsible manner.

A Closer Look at Business Structure
Choosing the best structure to insulate your business from the beginning is one of the most important decisions you will make. It is easy to become swept up in the commotion of getting your business started, but you have to think about your needs now as well as in the future. Consider what your business might look like once it is well established, if something happens and you are unable to run your business, or if you decide to expand or sell. Although it can be difficult to switch to a different business structure because of strict tax code regulations, you may need to reassess yours down the road.

A sole proprietorship is the simplest business structure to set up, but it can be harder to secure outside funding than it is for a corporation. Corporations have the least amount of personal liability, and partnerships share liability as defined by the type of partnership. For sole proprietors, all profit is personal income and taxed accordingly. The LLC structure prevents double taxation, meaning you are not taxed as a company and as an individual. There are many more distinctions among the various business structures related to taxes, liability, control, funding, licenses, permits, and regulations. You can find more information on choosing your business structure on the Colorado Secretary of State website.

Your small business attorney will explain the distinctions, advantages, and eligibility requirements among the different business structures. After you have selected the right business structure, your attorney can assist you with the following: filing paperwork, keeping records, hiring employee and professional support, determining services and location, maintaining appropriate insurance coverage, and more.

If you need help with your business formation, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

3 Timely Colorado Business Formation Tips

3 Timely Colorado Business Formation Tips

Article originally published April 28, 2017. Updated October 8, 2025.

Overview:

Forming a new business in Colorado involves key decisions that can shape your company’s future. From selecting the right legal structure and understanding your tax and licensing obligations to ensuring your contracts are airtight, these early choices can protect your business from major risks later on. Consulting with an experienced Colorado small business attorney helps you navigate formation requirements, stay compliant, and set a solid foundation for long-term success. Here are three of the most time-sensitive steps to address from the very start.

There is a lot to think about when forming a new business, and some concerns need to be addressed right away or you may face problems down the road. Here are three time sensitive Colorado business formation tips and where to get help with them:

  1. What form will your business take?
  2. What taxes and licenses will your business be liable for?
  3. Who will review the contracts your business enters into?

What Form Will Your Business Take?

By form, I mean the legal structure your business will take. Will you form a corporation? If so, which type of corporate status is right for your business? Should you form a Limited Liability Company (LLC) instead? The form your Colorado business will take has a major impact on your tax liabilities, how much risk you expose yourself to personally, and even who is (and is not) a business partner. This question is perhaps the most timely of all the questions you will ask yourself when forming a new business because of the consequences should you run into trouble without a properly, legally formed business.

Perhaps the most important time for you to consult a small business attorney will be when you select the form your Colorado business will take. An experienced business attorney has the background needed to explain the pros and cons of the various forms your business can take and how the form you choose will impact you, including how your choices will affect dissolving a partnership or selling the business down the road. The Colorado SBDC has excellent resources for explaining the legal structures you can choose from, but in the end, you will want the advice of an attorney when drawing up the actual documents that form your new business in Colorado.

What Taxes and Licenses Will Your Business be Liable For?

This list seems to be getting longer every year, but the fact is, taxes and licenses are very time sensitive. You don’t want to find yourself in a situation where you have overlooked a tax your business owes, missed a payment deadline, or failed to obtain a required license or permit. Each of these mistakes can mean penalties or fines, some of them substantial. The Small Business Administration (SBA) has a fantastic and thorough list of Colorado resources for researching taxes and licenses, and the Colorado Secretary of State has a new business checklist that covers insurance and regulatory issues. There is a lot to know, and it is easy to overlook a requirement even with all of the resources offered. Making sure you have taken care of all required taxes and licenses is another good reason to consult a Colorado small business lawyer.

Who Will Review The Contracts Your Business Enters Into?

Contracts provide you with legal protections – if they are well constructed. Some of the contracts your small business may enter into include:

  • employment contracts
  • vendor contracts
  • purchase agreements
  • commercial and equipment leases
  • partnership agreements

Of all the frustrating legal entanglements I see small business owners struggle with, a poorly worded contract is typically the most expensive and demoralizing. Poorly worded contracts can make it difficult for you to end a relationship with a supplier, partner, or landlord, no matter the circumstances. An equipment lease that hasn’t been reviewed by your attorney can result in you owning equipment that doesn’t function properly but for which you are still required to pay every month. It is much less expensive to pay a small business attorney to look over a contract before you sign it than to engage one to help you get out of a bad contract.

Contact Denver business attorney Elizabeth Lewis

There are other issues you will want to address as you think about your new Colorado small business, but these 3 timely Colorado business formation tips will help you right at the get go. If you need small business start-up advice, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Small Business Lawyer. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Legal Due Diligence

Continuing as part of our series on Due Diligence, we have already outlined Financial Due Diligence, and this time we will take a look at due diligence regarding issues that are more legal in nature.

As part of the due diligence process, it is important that you have the legal documents of the business reviewed, just like you would the business’ financial statements. This can help identify irregularities or potential problems with the acquisition. In addition to documents to review, it may also be a good idea to interview the owners and employees of the company to see if what happens in practice with the business lines up with its legal documentation.

Some of the documents to review include:

  • Articles of Incorporation/Organization, Bylaws/Operating Agreement, or any other equivalent document (like a Partnership Agreement)
  • Minutes of meetings as well as any stock or other buy-sell agreements between owners regarding their ownership interests
  • Documents showing capitalization of the company (meaning who are the stock or ownership interest holders)
  • Major contracts the company has with its suppliers, distributors, etc.
    • This can also include employment contracts
  • Insurance policies benefiting the company
  • Any intellectual property rights, licenses, trade secret information etc.
  • Documents relating to any lawsuits against the company

These documents will indicate how the company has been formed, as well as who all of the owners are, what types of restrictions have been placed on the company or its owners, and other key legal issues. This can help determine if there will be any complications regarding the transaction, as well as if the business has been run properly and in accordance with the legal documents. Additionally, having this type of documentation reviewed can help understand the business better, which can also help in determining a good valuation of the company. Finally, having these legal documents reviewed can also provide insight into existing or potential liabilities the business is exposed to, so you can understand what you are getting yourself into by purchasing the business.

If you need assistance with legal help and/or document drafting for your business sale, please contact the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.

New Business Growth in Colorado

Colorado’s Startup Climate: Why New Businesses Are Booming—and How to Take Advantage

(Updated November 10, 2025)

New businesses and entrepreneurship are on the rise in the Centennial State. According to the Secretary of State’s Quarterly Business and Economic Indicators Report covering the second quarter of the year referenced, new business entity filings increased 4% compared with the same quarter in 2013. Looking at a full year of activity, the report also showed a 4.8% year-over-year increase in filings, underscoring sustained momentum rather than a one-time spike.

Positive trends went beyond new filings. The second quarter also saw higher employment levels in Colorado and nationwide and an uptick in renewal filings from existing companies. Renewal activity—a useful proxy for the health and confidence of established businesses—rose 3.9% from the first quarter. Taken together, these indicators supported the report’s prediction of continued employment and economic growth for the next two quarters, driven by new jobs at startups and expanding firms.

The outlook within the report was specific: filings were expected to increase in the third quarter, then moderate in the fourth (a typical seasonal pattern), while still finishing the year above the prior year’s fourth quarter. For prospective founders and growing companies, this kind of steady trajectory is encouraging. It suggests a supportive backdrop for launching a new venture or investing in expansion plans.

Colorado’s broader economic profile bolstered these findings. When Business Insider ranked all 50 state economies using eight indicators—unemployment, GDP, average wages, labor force size, and more—Colorado earned the #1 spot, performing within the top 15 across every metric and benefiting from a highly diversified economy. A balanced mix of industries often cushions a state from volatility, giving entrepreneurs a stronger foundation on which to build.

Lower Barriers to Entry: Filing Fee Holiday

On June 9, the Secretary of State announced a filing fee holiday for new business entity filings, reducing the fee from $50 to $1 through the summer. Triggered by budget surpluses, the initiative aimed to put a little more cash in founders’ pockets during the earliest—and often leanest—stage of formation. After summer, the office indicated the fee would be reevaluated monthly. Combined with the favorable indicators already mentioned, the reduced fee created a practical, near-term incentive to form a new entity or launch a spin-off.

Why These Trends Matter for Founders

  • Validation for timing: Rising filings and renewals signal founder confidence and a supportive ecosystem—useful when deciding whether to start now or wait.
  • Capital and talent: Strong statewide performance often attracts investors and skilled workers, making it easier to hire and finance early growth.
  • Network effects: As more businesses form, support services (bookkeeping, marketing, legal, HR, IT) cluster and mature, lowering costs and speeding execution for everyone.

Smart Next Steps to Start (or Expand) in Colorado

If you’re ready to act while the winds are favorable, consider these foundational steps. They’ll help you move from idea to launch with fewer surprises:

  1. Validate your concept.
    Draft a concise value proposition, identify your core customer, and test demand with small pilots or pre-orders. Early validation reduces costly pivots later.
  2. Choose the right entity type.
    LLC, S-Corp, C-Corp, partnership, or sole proprietorship—each has implications for liability, taxation, governance, and investor expectations. Many small businesses opt for an LLC for flexibility, while venture-bound startups often choose a C-Corp. The “right” answer depends on your goals.
  3. Lock down governance documents.
    • Operating Agreement (LLC) or Bylaws/Shareholder Agreement (Corporation)
    • Buy-sell provisions for co-founders and investors
    • Ownership and vesting schedules to protect the company if someone leaves
      Clear rules now prevent disputes later.
  4. Register and get your numbers in order.
    • File your entity with the Colorado Secretary of State
    • Obtain an EIN from the IRS
    • Open a business bank account and set up bookkeeping from day one
      Clean separation of business and personal finances is crucial for liability protection and tax reporting.
  5. Mind licenses, permits, and taxes.
    Depending on your industry and location, you may need sales tax registration, professional licenses, or municipal approvals. Verify requirements early to avoid penalties or delays.
  6. Protect your brand and IP.
    Conduct name and trademark searches; consider federal trademark registration for your brand and agreements that clarify ownership of creative or technical work.
  7. Use the right contracts.
    Standardized, attorney-reviewed client agreements, vendor contracts, employment or contractor agreements, and a privacy policy/terms of use (for online businesses) establish clarity and help manage risk.
  8. Plan your team thoughtfully.
    Understand the distinctions between employees and independent contractors, wage and hour rules, and required insurance (such as workers’ compensation). Misclassification can be costly.
  9. Build a simple growth plan.
    Draft a 90-day plan covering your offer, pricing, channels, sales cadence, and cash flow. Short planning cycles let you learn and adapt quickly.
  10. Stay compliant after you launch.
    Mark your calendar for annual reports, renewal filings, and tax deadlines. Rising renewal rates suggest more businesses are staying current—join them and avoid reinstatement headaches.

Expansion Tips for Existing Businesses

  • Consider a new entity or subsidiary for a new product line to isolate risk or welcome new investors.
  • Update your governance to match growth: board structure, shareholder agreements, and key-person/owner succession planning.
  • Review contracts and insurance annually; what worked at $500K in revenue may not fit at $5M.
  • Leverage incentives and programs available to growing Colorado businesses (local grants, workforce training support, and small-business development resources).

The Bottom Line

With strong business formation trends, healthy renewal activity, and top-ranked statewide economic performance, Colorado presents a compelling environment for both new founders and expanding companies. Add in a temporary $1 filing fee and there’s extra motivation to formalize your venture and start building momentum.

Now is an excellent time to consider starting or scaling your business with Colorado’s positive outlook at your back—and with reduced friction at the formation stage.

If you’re ready to take the next step, reach out to the Law Office of E.C. Lewis, P.C., home of your Denver Business Lawyer, Elizabeth Lewis. Call 720-258-6647 or Contact Us to get guidance on choosing the right entity, preparing essential agreements, protecting your IP, and setting up a compliance plan that grows with you.