Choosing
Your Business Structure
Many home businesses begin as sole proprietorships
COMMON BUSINESS STRUCTURES
Choosing
a business structure can sometimes be tricky and you must
choose carefully. Many of your financing decisions will be
based on what legal structure you choose.
Sole Proprietorships
These firms are owned by one person,
usually the individual who has day-to-day responsibility for
running the business. Sole proprietors own all the assets
of the business and the profits generated by it. They also
assume complete responsibility for any of its liabilities
or debts. In the eyes of the law and the public, you are one
in the same with the business. The vast majority of small
businesses start out as sole proprietorships.
Partnerships
In a Partnership, two or more people
share ownership of a single business. Like proprietorships,
the law does not distinguish between the business and its
owners. The Partners should have a legal agreement that sets
forth how decisions will be made, profits will be shared,
disputes will be resolved, how future partners will be admitted
to the partnership, how partners can be bought out, or what
steps will be taken to dissolve the partnership when needed;.
Yes, its hard to think about a "breakup" when the
business is just getting started, but many partnerships split
up at crisis times and unless there is a defined process,
there will be even greater problems. They also must decide
up front how much time and capital each will contribute, etc.
Corporations
A corporation, chartered by the state
in which it is headquartered, is considered by law to be a
unique entity, separate and apart from those who own it. A
corporation can be taxed; it can be sued; it can enter into
contractual agreements. The owners of a corporation are its
shareholders. The shareholders elect a board of directors
to oversee the major policies and decisions. The corporation
has a life of its own and does not dissolve when ownership
changes.
Limited Liability Company (LLC)
The LLC is a relatively new type of
hybrid business structure
that is now permissible in most states. It is designed to
provide the limited liability features of
a corporation and the tax efficiencies and operational flexibility
of a partnership. Formation is more complex and formal than
that of a general partnership.
In each case, be sure you
are familiar with your tax laws!
Stage
3: Determine Your Business
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