Private Business in the USA
The U.S. federal government regulates private enterprise in
numerous ways. Regulation falls into two general categories. Some efforts seek,
either directly or indirectly, to control prices. Traditionally, the government
has sought to create state-regulated monopolies such as electric utilities from
while allowing prices in the level that would ensure them normal profits. At
times, the government has extended economic control to other kinds of industries
as well. In the years following the Great Depression, it devised a complex
system to stabilize prices for agricultural goods, which tend to fluctuate
wildly in response to rapidly changing supply and demand. A number of other
industries—trucking and, later, airlines—successfully sought regulation
themselves to limit what they considered as harmful price cutting, a process
called regulatory capture.
Another form of economic regulation, antitrust law,
seeks to strengthen market forces so that direct regulation is unnecessary. The
government—and, sometimes, private parties—have used antitrust law to prohibit
practices or mergers that would unduly limit competition.
Bank regulation in the United States is highly fragmented compared to
other G10 countries where most countries have only one bank regulator. In the
U.S., banking is regulated at both the federal and state level. The U.S also has
one of the most highly regulated banking environments in the world; however,
many of the regulations are not safety and soundness related, but are instead
focused on privacy,
fraud prevention, anti-money laundering, anti-terrorism, anti-usury lending,
and promoting lending to lower-income segments.
отмывание "грязных" денег
New businesses in the United States must register with
the appropriate state and local government agencies in order to operate. The
requirements imposed on owners to register a company has a great deal to do with
the business type. Furthermore, companies must obtain
the proper licenses and permits to legally operate the business in the state and
city where the business resides. Failure to properly register a business may
result in penalties, fines, and business closure.
Register the business name. Most states prohibit two businesses in the same
state from sharing the same company name. Conduct a name availability search on
the Secretary of State's website where the business operates to ensure a
business name isn't in use or held on reserve in the state. Furthermore, a
business name that appears trademarked by another company may not be used by
another business in any state. In addition, most states require business names
to contain words that indicate the structure of the business. For example, many
states require corporations to contain the words "limited," "corporation," or
"incorporated" in the business name. Sole proprietors and partnerships appear to
have the same business name as the owner of the company, unless the owners of
the business register a fictitious business name. A fictitious business name,
also referred to as an assumed business name, allows businesses to use a
different business name under which to sell goods and services. File a
fictitious business name with the county clerk's office where the business
Decide on a legal structure for the business. Businesses may form as a sole
proprietorship, partnership, LLC, LLP, or corporation. The structure chosen for
the business will have legal and tax implications on the owners of the business.
For example, sole proprietorships have unlimited liability for business losses
and debts, but on the other hand, sole proprietors have the ability to claim
their business profits and losses on an individual tax return. LLCs, LLPs, and
corporations must file the appropriate document with the government agency in
the state where the business operates. This generally takes place at the
Secretary of State's office in the county where the business resides.
Furthermore, the appropriate filing fee charged by the state must accompany the
filing document, which varies from state to state. Most states don't have filing
requirements for owners to form a partnership or sole proprietorship.
Request a federal tax Identification number from the Internal Revenue Service.
The Business website states that all corporations, LLCs, partnerships, and
businesses with employees must apply for a federal tax ID number. Businesses may
apply for a federal tax ID number on the IRS website, by phone, fax, or mail.
Applying by phone or online allows the IRS to issue a business a federal tax ID
number for immediate use. Businesses that opt to mail Form SS-4 to the IRS may
wait up to four weeks to receive a federal tax ID number. Businesses that fax
Form SS-4 may wait up to four business days to receive a federal tax ID number.
Register the company with the state Department of Revenue. Every state has their
own tax laws. Many states impose state taxes on businesses that operate within
the state boundaries. All states require businesses with employees to register
for worker's compensation insurance and unemployment taxes. Businesses may be
able to obtain a state tax ID number online or from the Department of Revenue in
the state where the business resides. Present applicable business formation
documents as well as a federal tax ID number to register the company with the
Department of Revenue in your state.
Apply for permits and licenses needed to operate the business. The licenses and
permits required to run a business vary depending on the business type. Certain
businesses must obtain occupational licenses issued at the state level. Lawyers,
barbers, architects, and other professionals must obtain a valid occupational
license to operate in their state. In addition, most businesses must obtain a
general business license to legally operate in the county where the business
resides. Furthermore, businesses engaged in retail sales will be required to
obtain a sales and use tax permit, and various zoning permits. Contact the city
clerk's office in the county where the business operates to determine what
permits and licenses are required to operate the business.
Nolo: Local Start-up Requirements for Small Businesses
Business: Steps to Registering a Business
Small Business Administration: Name Your Business
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'Technology 101: A Small Business Guide" - http://web.sba.gov/sbtn/registration/index.cfm?CourseId=60
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