Liability: LLC members are protected from personal liability for debts and business claims, a feature known as « limited liability. » If a limited liability company owes money or faces a lawsuit, only the assets of the company itself are threatened. Creditors cannot access the personal property of LLC members except in cases of fraud or illegality. LLC members should exercise caution so as not to « break the corporate veil, » which would expose members to personal liability. For example, LLC owners should not use a personal checking account for business purposes and should always use the LLC trade name (rather than the owner`s individual names) when working with clients. In addition to the legal registration of your business entity, you may need certain licenses and permits to operate. Depending on the type of business and its activities, it may be necessary to obtain a license at the local, state, and federal levels. A type of business entity owned and managed by a person – there is no legal distinction between the owner and the business. Sole proprietorships are the most common form of legal structure for small businesses. Key Finding: The five types of business structures are sole proprietorships, partnerships, limited liability companies, corporations and cooperatives. Choosing the right structure largely depends on your type of business.
As your business grows, you can modify structures to meet its needs. Traditional business plans use a standard structure and provide details on all aspects of the business. A lean startup business plan uses the same structure, but summarizes the most important elements. The legal structure of the business can be complicated to set up and manage, but it is an independent entity that entrepreneurs can benefit from in the long run. Where is your business going and what kind of legal form allows for the growth you envision? Contact your business plan to review your goals and see which structure best fits those goals. Your business should support the opportunity for growth and change, not hold it back from its potential. The LLC legal structure offers many business owners the benefits of a corporation and partnership. We`ve rounded up the most common types of business units and their notable features to help you choose the best legal form for your business. A sole proprietorship is a business owned by a single person. This is the easiest type of structure to set up. However, this does not mean that there are no rules to follow. The process varies from state to state, but the steps to act as a sole proprietorship are very simple.
Another aspect of a partnership is that each of the individual partners can legally bind the agreement to a contract, even one that the other partners may disagree with or even be aware of. Between being responsible for the company`s debt and each partner`s ability to tie the partnership to contracts, it`s extremely important to trust everyone you want to partner with and make sure your personalities can complement each other and work together. Common examples of business structures include corporations, partnerships, holding companies, not-for-profit organizations, subsidiaries, and limited liability companies. Here are some examples: Companies are the most complex business structure. A corporation is a legal entity that is separate and independent of the persons who own or manage the company, namely the shareholders. A corporation has the ability to enter into contracts separate from those of shareholders, but it also has certain responsibilities such as paying taxes. Businesses are generally best suited for large, established businesses with multiple employees or when other factors apply (e.g., the company sells a product or offers a service that could expose the company to significant liability). Ownership is determined by the issuance of shares. One of the first decisions you need to make when starting a business is determining the right legal structure for your business. A legal structure is an organizational framework for the operation of a business unit. Also known as a business structure, business form, or business ownership structure, the right legal structure depends on the size and nature of your business and business goals. In a legal context, structure refers to the conscious organization of legal elements, such as corporate governance or corporate structure.
It`s important for tax purposes to separate your business and personal finances, so create a business bank account and get a business credit card. A sole proprietorship doesn`t offer you personal protection against legal claims against the business, so it`s a good idea to take out liability insurance as well. You`re also personally responsible for the company`s financial obligations, so consider commercial liability insurance as well. In a non-legal context, a structure is an artificial construction erected on land such as a shed, house or building. One very important thing to keep in mind is that you can change the organizational structure of your business if your situation changes. It is possible to start as a sole proprietorship and convert it into an LLC or corporation. As your needs grow and change, so can your business structure. As always, it`s best to consult with your lawyer and accountant to find out what`s best for you. One of the first decisions made by a new business owner is the type of legal structure the business will have. There are several ways to start your business, and each has implications for taxes, financing, and your personal liability. Typical legal structures for corporations are sole proprietorships, limited liability companies (LLCs), partnerships (such as LLPs), and corporations.
Incorporation: Corporations are more complex entities to create, have more legal and accounting requirements, and are more complex to operate than sole proprietorships, partnerships, or LLCs. One of the main disadvantages of a company is the high level of governance and oversight by the board of directors. Often, this prolongs decision-making when multiple shareholders or investors are involved. Choosing the right legal form for your business starts with analyzing your company`s goals and considering local, state, and federal laws. By defining your goals, you can choose the legal structure that best fits your company`s culture. As your business grows, you can change your legal structure to meet the new needs of your business. The most common legal structures for companies are sole proprietorship, partnership, LLC (limited liability company), company, and corporation, but there are other options as well. « This entity is ideal for anyone who wants to do business with a family member, friend or associate, such as running a restaurant or agency, » said Sweeney. « A partnership allows partners to share profits and losses and make decisions together within the company structure. Remember that you will be held accountable for the decisions made, as well as the actions of your business partner.
As their businesses grow, many sole proprietors restructure their operations as LLCs that offer the pass-through tax benefit and limited liability protection. Taxes: The business structure you choose will also affect your tax status. Sole proprietorships, partnerships and LLCs are « intermediate » tax units, meaning that corporate income taxes and losses are « passed on » to the owners of their personal income taxes. However, these owners must levy taxes on all net profits of their business, even if they do not withdraw money from the business in the tax year. This entity is owned by two or more persons. There are two types: a partnership, where everyone is divided equally; and a limited partnership, where a single partner has control of its operation, while the other person (or persons) contributes to the profits and receives a portion of them.