Can I legally speak as my company in things like terms & conditions if I have not officially registered the company yet?
4 attorney answers
Writing and posting terms and conditions does not require a "signature" of either the entity or yourself. Since incorporation is quite simple, there doesn't seem to be a reason for delay in incorporation. A non-existent company (or person) cannot make representations or limitations.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
My colleagues have provided good answers. In mine, I will take a somewhat different approach, looking at how it might be possible to do what you want while minimizing the extent of your personal liability.
Generally, an individual who enters into an agreement on behalf of an entity before the entity is formed is personally liable for the entity's obligations. However, termination of personal liability can be put under the individual's control if the agreement contains a provision by which, once the entity is formed and it ratifies or adopts the agreement, (a) the counterparty will look solely to the entity for performance and (b) the individual will be released from further liability.
So you can include such a provision in the terms and conditions. However, I urge you to retain an experienced business lawyer to help you draft the terms and conditions. The likelihood that you can do so properly on your own is quite small.
This information does not constitute legal advice and does not establish an attorney-client relationship.
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Just file a DBA in the company name you are using, assuming its available in your county; you can likely do it on line in a few minutes. (Google Fictitious Business Name Statement, San Francisco to get the info)--then you have a "company name" that you are doing business under without the need to incorporate. However you personally carry all the risk without an LLC or corporation. Many small businesses start that way to save costs, but the recommendation is that you do form your entity for liability protection depending on what type of business it is--e.g. how likely is your product or service to damage or injure someone, or infringe on someone else. AND frankly a better tax rate with a C-corp. You should really have a strategy consultation to go through these legal issues and become more informed how to cost efficiently operate your business, while getting protections you need.
The foregoing is for informational purposes only and may not be relied on as attorney-client advice.
You could, but as Mr. Doland points out, why would you?
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
Because if you are a company and have not incorporated yet it seems unprofessional that someone is entering into agreement with an individual as opposed to a legal company entity. Are you saying that I can provide no reference to myself in the Terms & Conditions and it would still be useful in a court of law?
You are overthinking this. If you feel it's unprofessional, then don't do it yourself, and don't do business with someone else who does. As a matter of technical legal theory, if the corporation doesn't actually exist, then, generally speaking, the person who made an agreement in the corporation's name would be personally liable on that agreement unless the corporation was subsequently formed and ratified/adopted the person's actions as its own.
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So you mean that I don't need to be officially registered but parts of my Terms and Conditions won't legally be valid if I don't incorporate?
Michael Charles Doland
If there is no entity, do it as an individual. If you plan on doing business as an entity in the future, either incorporate now or modify your terms and conditions later when you do incorporate.
And would I need to put my full name etc. It's just it seems a bit unprofessional to write it as an individual?
Edna Carroll Straus
Then write it now as company blah blah and don't use it until you are registered. Problem solved.
The issue is that since this is a small company I probably won't be registering the company until it starts to gain traction so I was asking if i could use that same Document before i incorporated
Edna Carroll Straus
Yes. You can. A sole proprietorship is still a "company".
And i can still use the company name as opposed to my personal name?
Edna Carroll Straus
As long as you don't call yourself a corporation when you're not.