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Should a SaaS based Startup be needed to register or licensed?

New York, NY |

Hello,

I am planning to launch a Startup. It would be a SaaS solution to allow Individuals or businesses to create Websites just like creating blogs on blogspot or any other service.

We will be operating from India and our services would be global. We are expecting most of the orders from US and European countries. I just worry that If I need to register it.

Also is it important to incorporate in US? Could any one answer me?

Attorney Answers 2


  1. Are You Planning on Opening a New E-Commerce Website?

    There is much you need to know as you begin your new business. I suggest you do not attempt to write your own legal policies. This is not where your training and background lie, and though you are probably as smart as an attorney, you do not have their experience.

    Below is a checklist for legal issues I use for new e-commerce clients.

    1. Business Model – Is your idea viable as a web based business?

    2. Business entity - Are you going to be a C corp, a sub-S, an LLC or a sole proprietorship?

    3. Terms of Service - This is your contract with your visitors and is the most important item for any e-commerce site. A little work here brings big dividends in the future.

    4. Privacy Policy - Every e-commerce site needs a privacy policy!

    5. FTC guidelines - The FTC has been regulating business advertising for almost a century. All of their advertising guidelines apply to e-commerce sites.

    6. Domain Name issues? Is your name available. Can you create a Trademark?

    7. Trademark - Do you have a brand name free from conflict? Should you start with just common law rights? Should you register the mark, and when?

    8. Copyright - If it is on the web, it already belongs to somebody. Did you buy a license for the images you are using?

    9. Do you need a DMCA policy?

    10. Web Site security issues?

    11. Do you need and have an EIN? You can get that for free.

    12. Do you need an arbitration clause?

    13. Do you have employees? - If so you need written policies regarding their authority and use of the internet.

    14. Do you know the difference between a "browser wrap" and a "click wrap" and which do you need?

    15. Are you abiding by the Child's Online Privacy Protection Act (COPPA)rules?

    When I discuss this list with clients other issues arise. Finally, I always discuss with my clients their need for good accounting services. An accountant's advice as you start up can save you many dollars in tax that you might not save if you wait to speak to an accountant until your first tax return is due.

    I hope this list will give you pause to think about those issues for which you might need to seek professional advice.

    You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo offer a free phone consultation.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.


  2. Where would your servers be located? Based on the information you provided so far you can incorporate in India and provide services to the US.

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