Forming a Business

Anyone who operates a business, alone or with others, may incorporate or form a Limited Liability Company (“LLC”). Under the right circumstances, the owner of any size business can benefit!

Reduces Personal Liability

Form a corporation or forming an LLC helps separate your personal identity from that of your business. Sole proprietors and partners are subject to unlimited personal liability for business debt or lawsuits against their company. Creditors of the sole proprietorship or partnership can bring suit against the owners of the business and can move to seize the owner’s homes, cars, savings or other personal assets. Once incorporated, the shareholders of a corporation or members of an LLC have only the money they put into the company to lose, and usually no more.

Adds Credibility

A corporate structure communicates permanence, credibility and stature. Even if you are the only stockholder or employee, your incorporated business may be perceived as a much larger and more credible company. Seeing “Inc.” or “Corp.” at the end of your business name can send a powerful message to your customers, suppliers, and other business associates about your commitment to the ongoing success of your venture.

Tax Advantages – Deductible Employee Benefits

Incorporating usually provides tax-deductible benefits for you and your employees. Even if you are the only shareholder and employee of your business, benefits such as health insurance, life insurance, travel and entertainment expenses may now be deductible. Best of all, corporations usually provide an increased tax shelter for qualified pensions plans or retirement plans (e.g. 401K’s).

Easier Access to Capital Funding

Capital can be more easily raised with a corporation through the sale of stock. With sole proprietorships and partnerships, investors are much harder to attract because of the personal liability. Investors are more likely to purchase shares in a corporation where there usually is a separation between personal and business assets. Also, some banks prefer to lend money to corporations.

An Enduring Structure

A corporation is the most enduring legal business structure. Corporations may continue on regardless of what happens to its individual directors, officers, managers or shareholders. If a sole proprietor or partner dies, the business may automatically end or it may become involved in various legal entanglements. Corporations can have unlimited life, extending beyond the illness or death of the owners.

Easier Transfer of Ownership

Ownership of a corporation may be transferred, without substantially disrupting operations or the need for complex legal documentation, through the sale of stock.

Centralized Management

With a corporation’s centralized management, all decisions are made by your board of directors. Your shareholders cannot unilaterally bind your company by their acts simply because of their investment. With partnerships, each individual general partner may make binding agreements on behalf of the business that may result in serious financial difficulty to you or the partnership as a whole.

Corporation vs. LLC

Many clients ask which is better, a corporation or an LLC. This is a complex issue and must be addressed on a case-by-case basis with the your attorney and your tax consultant. In California, some businesses such as contractors or attorneys cannot do business as an LLC. The purpose of this web site is to provide general information on the law, which is subject to change. If you have a specific legal problem, you should to consult a lawyer.

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Law Offices of Carl H. Starrett II
1941-C Friendship Drive
El Cajon, California 92020-1144

Phone: (619) 448-2129
Fax: (619) 448-3036
disclaimers & stuff
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice.

Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.