Monthly Archives: April 2009

Correct Business Structure (LLC, INC, S-Corp)

Selecting The Right Structure For Your Business

For any business, the legal structure is very important.  The selection of a suitable structure can help you plan for the prospective growth of your business. It can be said directly that tax considerations need not necessarily be the only reason for deciding to merge your business.

There are three main kinds of business structures available that is Proprietorship, Partnership, and the Corporation.

Proprietorship – The sole proprietorship is considered the most easy and simplest form of business structure. Here, there’s no separation of the business and the owner and the business income tax is in the hands of the proprietor and also included on the personal tax return of the owner. Form-A-Corp adds that the sole ownership is a simple form of business, as it can be speedily established. However, in some places, you need to register the name of your business and get business license.

What Form-A-Corp says is that, ‘in case the owner passes away, then the assets are passed on to the family. However, any debts may not be transferred’. It’s necessary to note that the owner of the business may be responsible for actions and debts incurred in the business. If the business becomes insolvent or if the business is sued, the personal wealth of the owner is at risk.

Partnership – According to Form-A-Corp, a partnership is quite similar to the sole ownership structure. Here, the only dissimilarity is, there can be more than one owner and the percentage of total partnership income earned may be proportionally included on each of the partner’s individual income tax returns. In case losses are incurred in the partnership, then they are alloted proportionally to the partners.

Form-A-Corp also suggests that, when you enter in a partnership, then it’s advisable to draw up a partnership agreement that may state, what happens in case the partnership is dissolved and how the disputes can be solved.  Limited partnerships allow the partnership to bring in new limited partners, but the limited partners cannot be involved in the management of partnership. In addition, the decision making in a partnership is made jointly.

 Incorporation - The corporation may be established with the help of drafting the articles of incorporation and by registering the company with the provincial or federal government. This method can prove to be expensive and also imposes administrative needs on the owners.  The corporation may issue shares to its shareholders, in order to generate funds to start operations and it can pay a salary to its owners or dividends to its shareholders.

 Furthermore, the corporation is known as a separate legal entity, that’s disjointed from its proprietors, which isolates the owners of the business from legal obligations, and therefore the term called Limited Liability Company (or Ltd.) is used.

In addition, the corporation clearly separates the managers and owners. Protection from individual liability may not be the only advantage that comes with incorporating. According to Form-A-Corp, the corporate business structure also provides important tax savings, higher business flexibility, increased chances to generate capital and protection of the name of the company.

 

 

 


Incorporation Packages and Processes

The Process – Choosing Packages And Options

The benefits of a well incorporated and well run company are useful to limit the personal liability of its shareholders. Form-A-Corp reminds you that it does not automatically remove the liability for any criminal or negligent acts on the part of the company’s officers or directors or shareholders. However, it does help to limit the personal liability as a business owner. Among other benefits, Form-A-Corp feels the tax deductions for health insurance and medical expenses, lower payment for social security tax and greater opportunities to raise capital is highly important.

Before you begin the incorporation process, you need to choose the business structure that best suits you. Once done, you may choose from packages that are offered with services to help begin your business. These packages are well suited for first time entrepreneurs to get their business incorporation accomplished quickly and smoothly.

Some Form A Corp Packages offered:

The Economy package is simple and useful, as it mostly includes express completion and filing of documents. Moreover, they also take care of the shipping of the formation documents. Form-A-Corp also provides other services like applying for company name search and reservations. You may also get free services for a few months of Registered Agents. Other possible services provide exclusive $50,000 corporate veil guarantee and online compliance tool.

For those looking for a package with additional services the Basic package is more useful. It covers all that is existent in the Economy package, plus a Corporate or LLC Compliance Kit, Corporate Minutes Book or the LLC handbook and one year of free Registered Agent service.

The Complete Package is a package often preferred by entrepreneurs looking for additional services, other than those in the Basic package.  This package includes Federal Employer Identification Number (EIN) filing and other services.  For these packages, there is priority handling.  Sub-chapter S Election form 2553 is also given.  Four publications:  The Corporate minutes book or LLC Handbook; Legal forms for starting and running a small business; Legal guide to start small business and Tax savvy for small business that are provided are really handy.

The International package is also good with express completion and filing and shipping of formation documents, an Apostille of formation and other things like Corporate or LLC Compliance Kit, My Account Online compliance tools and so on being provided.

Form A Corp  Options

You may purchase any of these packages and then add an option or item – it really is carte blance. For example – you have the option to choose Business License compliance package, corporate or LLC compliance kit, EIN filing  and Three book Legal and Tax library later. The Business License Compliance package useful for business owners, who find locating license and permit applications time consuming and complicated or may have it at multiple locations. The Compliance kit that comes as a zipper bound binder personalized with your company name is useful, as it contains items that are commonly requested by banks and other lenders. The Legal and Tax library, which has three very important books is highly useful for those, who cannot afford to call a lawyer for consultation and legal guidance. You can find various packages and options to select from as per your needs.

Form-A-Corp staff offers expert advice on incorporation of businesses and related tasks.


Choosing A Business Name

Choosing A Business Name

 If you have decided to start your own business; have a valuable product or service or a niche idea and have a business plan, you are ready to get your self a “Business name”. Customers would want to notice your name, even before looking at what you have to offer. “What’s in a name?” -everything is in the name!  It is the entry point or the gateway to your business and reflects your identity, your brand power and may be worth billions of dollars. It has equity that would produce revenues for your business, regardless of the size. ‘It pays to invest some time and money to select the right name for your business.

Form-A-Corp suggests the use of the relevance of a business name to the business.  The name brings to mind the image of the business. It is this image, combined with the actual experience of the customers with the company and its products, that help generate direct and indirect revenue to the business. Strong brand names like Google, Yahoo are unique and memorable, but easy to remember as well. Mundane, more generic names may leave prospective customers more confused,

You need to generate words, images and ideas that can help you to decide on a name that will suit your company and its products. You may conduct a small analysis of your competitors’ names and imagine what it brings to your mind. This can help you to develop a unique name and image that would stand out from your competition. Form-A-Corp maintains that if you are able to find simple and easy to spell names, it can be even better with not just the customers, but the distributors as well. Names that contain technical or foreign words or are obscure may not prove so effective.   Google, Napster and iTunes as exceptions to this rule. These are highly successful business names. Remember to choose names that are not too long. Not only are they mouthful to say, but they are equally difficult to remember. Remember that the name you choose could possibly become a problem, when advertising, packaging and even in your business card design if not carefully considered.

 A winning business name should have a strong visual element. It is a powerful aid to customers’ memory and a tool for advertising. You need to create business names with a positive connotation that you want people to associate with your business.  If you want to make it easier for potential customers to find you in phone books or other business sources then you must include some information about your business. When you are trying to build up a business name use  adjectives to describe your product or service, it leaves an impression of your product’s benefits.

It is important for us to ensure that the name we use, is not a trademark or trade name of others or of someone’s intellectual property. You may find yourself facing a lawsuit. The importance of the Internet for your business is a matter that has to be considered. It helps to find out, if a particular domain name is available, before finalizing the business name 

Finding a business name is not easy, but if you invest some time and effort, you can come up with great names. In the long run, this up-front effort can add immense value to your business and the bottom line as well.

 

 

 


Business Licenses And Permits

Business Licenses And Permits

The USA is ranked among the top ten countries that aid the setting up of a business within the shortest possible time. However this is facilitated, only if the right procedures are followed; the person has a good understanding of government policies. In this field using a company like Form-A-Corp can give you the edge.  He has assisted several people in the initiation and set up of a business.

There are many businesses that are set up without seeking advice on the incorporation of techniques and they are doomed to fail.  Statistics show that a significant number of privately held firms at any given point in time, are converted to publicly held ones to attract more capital and reduce risks. However, every advantage or security gained comes with a responsibility to be transparent and regular in declaration of results, policy, and administrative changes.  Form A Corp believes their  experience tells them that there is a general lack of knowledge among the clients about permits and licenses and this ignorance returns to trouble them again and again, a little guidance can go a long way!

Corporations built with the no or poor advice are often pulled up by regulatory authorities for procedural errors. Changes in economic policies are implemented to enable steady growth of businesses by overcoming restrictions and variations in the market. However, corporations forget that they have to bring about a wholesome change in their legal liabilities, when taking advantage of government policies.

Business licenses and permits are tools that allow the control of number of players in the market, and limit excess competition. Also, they are the instruments to ensure a minimum level of competence for the business. Categorizing your business is important to gain recognition and take advantage of tax concessions, business supports and soft loans which may be available for you.  Businesses that are not incorporated with the advice from an expert may be unable to seek help from the government, when faced with threats like cheap imports, high raw material costs and hostile markets.

Professionals like the staff at Form-A-Corp can help to regularly review your market standing and image, and look for provisions in the permit and licensing systems for lucrative tax breaks and other concessions. A physician specialized in a particular area like, cardiovascular therapy, cancer, or neurology, cannot use the same license to start a healthcare facility catering to all kinds of patients. A proper registration brings your business under the focus of the administration.  A minor change in licensing or incorporation may be enough to raise profits, without you doing anything to increase volume or turnover.

Unlike large business, smaller ones often find the burden of regulatory documentation and related logistics, as a hindrance. Business rules vary immensely among the states in the US, hence, there are many grey areas like legal liabilities, jurisdiction of courts, in case of lawsuits and customer rights.

Permits and license issues may also crop up in areas, where there is least focus of attention. These include permits from health authorities and the fire department, to validate your facilities for compliance with safety and environmental concerns. Most businesses that grumble about licensing do not realize the positives of these regulatory activities. Authorities track the performance and growth of businesses using information submitted during registration. This helps in statistical analysis of the economy, as a whole, and with policy decisions to help the economy.

 

 


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