Starting a Business in Hawaii (Acupuncture)
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Presented by Ryan K. Hew, Attorney at Law LLLC Starting a Business in Hawaii: A Brief Legal Perspective Audience: Acupuncture Students Approx. Time: 45 minutes Date: Nov. 21, 2013
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This presentation was given to a class of acupuncture students who were interested in starting their own practice in Hawaii. So as a business attorney working with small businesses, I went to there class to discuss entity formation (LLC v. corporation), taxation, limited liability, and having multiple owners of a business. Also briefly touched upon brand protection, such as choosing a business name, trade mark, and other marketing devices. Finally, as this was for acupuncture students we discussed professional vocational licensing, which is a requirement in the State of Hawaii.
Transcript of Starting a Business in Hawaii (Acupuncture)
Presented by Ryan K. Hew, Attorney at Law LLLC
Starting a Business in Hawaii: A Brief Legal Perspective
Audience: Acupuncture StudentsApprox. Time: 45 minutes Date: Nov. 21, 2013
DISCLAIMER
This presentation is contains general, non-specific information. None of the contents of this presentation is meant to be specific legal advice, nor is intended to create an attorney-client relationship with the audience. The information should not be relied upon for any act or omission. If you have need of legal assistance please seek an attorney in your relevant jurisdiction.
About Me Education: U. Penn - History/Political Science; Gonzaga University - JD/MBA
Experience: Judicial Extern; Legislative Aide, Manager, Committee Clerk, Attorney; HR Administration
Volunteer: Young Lawyers Division, Honolulu Chinese Jaycees, Social Media Club of Hawaii
Focus: Transaction and Compliance, Small Businesses and Startups
What will Be Covered Forming Your Business in the State of Hawaii
Entity Types
Limited Liability
Taxes
Running your Business
Brand Protection - Selecting a Trade Name, Use of Trade marks
State Licensing
Miscellaneous Concepts for Modern Day Small Businesses
Selecting a Business Type
Selecting a Business Type is about:
people involved - 1 person? or others?
liability - the desirability of limited liability
taxation - is the entity taxed or the business owner?
financing/funding/future planning
Types of Businesses/Limited Liability
——NO Limited Liability——
Sole Proprietorship
Partnership
——-Limited Liability———
Limited Liability Company
Corporation
Taxation
Single Taxation vs. Double Taxation
Federal Income Tax Choices
LLCs and the check-the-box rule
Corporations - S vs. C
Applicability of Hawaii’s General Excise and Use Tax
Doing Business in the State of Hawaii
Filing Articles with the Department of Commerce and Consumer Affairs (selecting a name)
Drafting and Adopting Internal Organizational Documents
Obtaining a State Tax ID and GET license, may be Department of Labor Number
Obtaining a Federal Employment Identification Number
State of Hawaii Licensing Requirements
Certain Industries/Trades Are Regulated
By what governmental agency depends on the subject matter and transactions involved
E.g. the sale of alcohol is the City and County
Acupuncture = Professional Vocational License (PVL)
HRS 436B (PVL) & HRS 436E/HAR 72 (acupuncture)
Requirements to Apply for and Maintain License
Complaints/Failure to follow Requirements —> Administrative Hearing
Brand Protection
Selecting Your Business Name
Registration vs. DBA (trade name)
Your Goods and Services
Trademarks and Service Marks
Strength of a Mark and Likelihood of Confusion
Miscellaneous Issues Employees vs. Independent Contractors
Contracts and the Electronic Communications
Social Media: Advertising Law, Copyright, Privacy Issues, Defamation, Rights of Publicity
Home-Based vs. Leasing and Zoning/Rental Issues
*Buying an Established Practice
Contact Me Mahalo for paying attention to this presentation. If you would like to contact me for further information on this presentation or my services please use the following:
Email: [email protected]
Phone: (808) 944-8400
Also find me on social media:
Website/blog: www.hawaiiesquire.com
Twitter: @Rkhewesq
Facebook: www.facebook.com/rkhewesq
LinkedIn: www.linkedin.com/in/hawaiiesquire
Slideshare: www.slidehsare.net/RyanKHewEsq
Instagram: @Rkhewesq
