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Friday, April 24, 2026

Common Mistakes New Business Owners Make & How to Fix Them - JD Supra

Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, 45% in the first five years. As daunting as those figures may seem, there are measures you can take to avoid your new business becoming a negative statistic. Below are 11 reasons a business can be in trouble, often before even opening its doors.

Mistake #1: Operating as a Sole Proprietorship and Not Protecting Your Personal Assets

Although quick, easy and cheap, hanging out a shingle for your new business without considering a more formal statutory structure leaves your personal assets at risk as you are not separate from your business. A successful plaintiff may be able attach your home and everything else you personally own to satisfy a judgment.

Best Practice: Structure and register your business as a corporation or limited liability company. Both structures provide immunity against personal liability in most situations. If you are using a fictitious name in your business rather than the formal registered name, make sure you register that as well. Using a non-registered fictitious name absent association with the company can also result in personal liability.

Mistake #2: Comingling Personal and Business Assets

Not separating your personal assets from those of your business can result in personal liability even if you have registered your business as a corporation or limited liability company under the doctrine of “piercing the veil.” If you fail...



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