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A Guide to Business Law
2023-03-03
If you start a new business, then you must be up-to-date with business law. Business law determines how your business can operate, what you can do, and what you can’t do. Without understanding the specific laws and regulations around your industry and business structure, you could risk operating illegally.
While you will need to work with a qualified legal professional to gain business law advice, this guide will help you understand what business law is and why you need to be aware of it.
What is Business Law?
Business law, also known as commercial law, is the set of laws that govern how companies deal with each other, and with other individuals. The purpose of business law is to make sure that all companies follow the same, fair rules, and operate within the same legal framework. This helps to protect businesses and individuals and helps to establish a more fair business landscape.
Business law covers many different areas and focuses on things like business contracts, partnership agreements, how businesses are established, and how businesses trade. Business law also includes areas like consumer protection, intellectual property and competition laws, as well as laws relating to labour and employment.
When you establish a business, you must comply with all of the relevant business laws. It's also important that each person in your business understands the specific laws and regulations that relate to their department - such as laws relating to advertising, trading, health and safety, or employment.
Why is Business Law Important?
Business law dictates how companies can establish themselves and operate. This is important because it ensures all businesses follow the same legal framework and are governed by the same laws. Doing so helps to establish a more even playing field for businesses to operate.
Following business laws also help protect consumers, employees, and individuals who own and operate businesses.
Some Key Areas of Business Law
Business law is a big topic, and it covers various areas. When you start and run a business, you must abide by all of the relevant business laws.
Here are a few important areas of business law to understand.
Company Law
Company law regulates how companies are formed under the Companies Act. This also covers the different rules that partnerships, trusts, sole proprietorships, and cooperatives are governed by.
The main element of company law is that it separates individuals from companies, which can help to protect individuals while doing business.
Employment Law
Various laws exist around employment. If you take on any staff, then your business needs to abide by the correct employment laws. This involves things like paying the right PAYE taxes, filing for UIF, and more.
Advertising and Marketing
Advertising and marketing form important elements of business law. This is mainly governed by the Consumer Protection Act, which provides clear requirements that any kind of advertising campaign needs to abide by.
Product Liability
Your business could be held liable for any injuries or damage to a customer from a faulty product. If you manufacture or sell original products, be sure to understand this area of business law.
Intellectual Property
Intellectual property refers to patents, registrations, and trademarks that your business might make. If you have unique products, logos, or other elements of your business, you might want to look into this area of business law.
Industry-Specific Regulations
There are some unique business laws and regulations based on your industry and the type of business you start. For example, different licenses are required for businesses that serve food, or businesses that transport certain goods.
These are just a few examples of different types of business law. Of course, many different areas of business law exist, each with its fields of specialization. It’s important to consult with an experienced business legal expert if you need to seek any advice on business law.
Making sure your business operates legally is essential, which is why you need to stay up to date with business law. While it's a big topic, with many areas of specialization, be sure to understand the specific laws and regulations that surround your industry. Also, understand the different elements of your business, and pay attention to the laws around these functions.
By having a clear grasp of business law, you’ll know exactly what you can and can't do. This shouldn’t be there to restrict you. Instead, you can use your knowledge of business law to protect you and ensure your business functions as smoothly as possible.