Branding is an important part of marketing a business however, there’s a lot of layers to branding. From getting the right design to communicating values, branding is not something that is for amateurs. 

When businesses are going through their branding or rebranding phase, there’s a chance they’ll opt to hire an external specialist in branding. A branding company provides services, such as professional advice, design and strategy to help alleviate a company’s image. 

The branding business takes a certain level of creativity, market knowledge and tactical planning – if this sounds like your type of challenge then starting your own branding company could be your next venture. 

Keep reading to find out more on the best way to start your own branding company. 

What Is A Branding Company? 

A branding company (also referred to as a branding agency) helps businesses establish their unique brand. A business can have an excellent product or service however, if their marketing strategy isn’t impactful, they may never see the success they are capable of. 

That’s where branding comes in. Branding is essentially building your business’s identity and setting it apart from consumers. When you build a strong brand identity, consumers associate a product or service with your brand. For instance, when you think about purchasing new shoes, a specific brand might come to mind. All of this isn’t just the result of a great product, it’s also the effect of excellent branding. 

There’s many different ways a business may opt to brand themselves: A few of these include:  

  • Visual identity
  • Brand message
  • Digital branding
  • Product branding 
  • Geographical branding 

Naturally, you will need to work out the kind of services your branding company is going to offer. Some companies like to focus on niche services and expand their range once the company grows. 

It will be up to you to determine what is best for your company – drawing up a detailed business plan can help you get a clearer understanding of your business goals. 

What Is The First Step To Starting A Branding Company In Australia

Registration. The first real, actionable step to starting your branding company is getting it registered. 

To register a company in Australia, you will need to figure out a number of details. This ranges from minor administrative information such as your company contact details to much bigger choices, such as company governance and officeholders. It’s a good idea to have the help of a legal expert when registering your branding company. Not only will you need to make important decisions during the registration process, you will also need to follow the rules and regulations set out by the Australian Securities and Investments Commission (ASIC). 

As the main regulator for Australian companies, ASIC has some pretty strict rules. Plus, understanding their various forms and the procedures relating to company registration can be a bit overwhelming if this is unfamiliar territory. A legal expert can make this a stress free event while ensuring everything gets done correctly. 

You might be thinking of registering as a sole trader or a partnership business as their set up process is much simpler and inexpensive. A company might have a more complex set up process and be a bit costly however, it’s a worthy investment. 

A company is a legal entity on its own. This means, your branding company will be legally separate from you personally, offering you much more protection liability wise. Additionally, your branding company will be able to do things like own property, sell property, earn money, rack up debt and more. This legal structure is optimal for a venture that plans to grow in the future. 

Essentially, if you’re serious about branding and want this to be a long term business endeavour, then it’s wise to register it as a company right from the start. 

Can I Start My Branding Company Online? 

Yes, you can start your branding company online. The registration process for an in person company is the exact same as an online company, so nothing will change on that front. However, there will be a few additional legal considerations if you’re planning on starting your branding company online. 

The right legal instruments can help you secure your company online and be legally compliant. We’ve listed a  few legal factors/documents you will need to think about when starting your branding company online. Keep reading to find out more. 

Data Protection  

If you’re online, there’s a good chance your data is too. It’s imperative to take reasonable steps as a company to protect the data of your clients, employees and any other information that is connected to your company. Certain legal instruments, such as a Data Breach Response Plan can help you be prepared and have an efficient response in case there’s a data leak. 

Privacy Policy

A Privacy Policy is a legal document that lets users know when their data is being collected, the kind of data that is being collected and what is being done with it. Australian privacy laws require a company to have a privacy policy in their website of they meet any of of these two requirements: 

  • If you have an annual turnover of more than $3 million dollars 
  • If your website collects any type of information from its users such as emails, phone numbers, names and payment details 

As a privacy policy is a strict legal requirement, we highly recommend getting a legal expert to draft this document for you. They can make sure it’s up to standard and protect your company from non-compliance. 

Website Terms and Conditions 

A Website Terms and Conditions is a legal document between your company and anyone who chooses to use your company’s website. Essentially, it sets out the ground rules for being on your website such as community guidelines, payment methods, liabilities, IP protection and much more. When you’re online your company is exposed to additional risks, legal documents like a website terms and conditions are a good way to manage those risks and safeguard your branding company.  

Do I Need Any Other Legal Agreements To Start A Branding Company?

Other than the ones we listed above, there’s a few more legal agreements to consider to protect your branding company. This may seem like a lot, however, legal agreements and contracts are some of the main aspects of running a company. The right legal agreements can protect your interest, secure your revenue streams, help manage disputes and limit liabilities. 

Talking to a legal expert can help you understand which legal agreements are right for your company. We’ve listed a few important ones for you to consider below: 

Service Agreement: When you decide to partner up with a client, it’s important for both parties to have the same understanding and expectations going into the relationship. A service agreement can make sure everybody has a clear understanding of what’s going to happen. 

Employment Agreement: When you hire staff, you’ll need to make sure they’re being provided with their rights as well as ensuring they are well aware of their responsibilities as an employee. An employment agreement can clearly communicate the important matters to you future staff with the bonus of having everything necessary in writing. 

Non-Disclosure Agreement (NDA): When it comes to protecting your branding company’s information, it’s best not to take any risks. An NDA is a legal agreement binding any parties to secrecy, so information you don’t want getting leaked stays secured. 

What Else Do I Need To Consider When Starting A Branding Company? 

Finally, when you start your branding company it’s important to be aware of the laws that impact your company. As the owner of a company you’ll need to be on top of all your legal obligations to avoid fines, legal penalties and a bad company reputation. A few regulations to consider include:

  • Australian Consumer Law
  • Employment law
  • Local council regulations
  • Industry codes
  • Data and privacy law 
  • Intellectual property law 

It can be hard to keep up with all the laws that impact your company. It’s a good idea to chat with a legal expert about what legal considerations your branding company will need to take into account. That way, you’ll know exactly what laws impact your company and the best way to stay compliant with them. 

Next Steps 

Starting a branding company can be an exciting new venture however, it’s important to take care of the legal considerations such as registration, legal documents and legal compliance to give your company a good start. To summarise what we’ve discussed: 

  • Registration is the first step to starting a branding company in Australia, and it’s advisable to seek legal assistance for the process 
  • Online branding companies have additional legal considerations, including data protection, privacy policies, and website terms and conditions 
  • Essential legal agreements for a branding company include service agreements, employment agreements, and non-disclosure agreements (NDAs) 
  • Staying compliant with relevant laws, such as Australian Consumer Law and data privacy regulations, is vital for the successful operation of a branding company 

If you would like a consultation on starting a branding company, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

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