Form-A-Corp Announces New Website Launch

We recently announced the launch of our new website. The site is designed to provide visitors with a more user friendly and intuitive interface.  Offering important information and guidance throughout the process of incorporation, Form-A-Corp feels the update was essential to take advantage of some of the newer technologies that work to make the process of incorporation seamless and friendlier for its clients.

We are a leader in online incorporation services and one of the most reputable names in the business an is is know n for its excellent customer service skills. Recently, winning the Intuit “Love a Local  Business”  Competition. It is the number one goal of Form-A-Corp to offer the most current and useful information to its customers.

As we are essentially re-launching with a new look – we thought we would give you an idea of who we are.  Form-A-Corp was started in 1998, the current owner and CEO Adrian Brion took over the business in 2007 and since then he says he is always thinking of ways to make the process of incorporation easier for his customers. The new website will make forming a new company even quicker and easier and will offer additional services for new business owners. Form-A-Corp offers step by step information and assistance to customers wishing to start a new business and is set to offer more help through its blog, podcast and self-help literature. More and more people are starting their own companies and Form-A-Corp wants to be the one to help get that done while providing additional resources to its customers.

Partnering with Fathom Consulting Associates has helped to bring the website launch date forward. Now up and running and ready to get your business started!  Please visit the website and check it out, ask a question  – or simply file that new business!

Now the new website is done – we will get back to blogging and sharing all the new stuff we have been doing! Don’t forget to join our mailing list!

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.

 

 

 

Completing Start Up Tasks For A Business

Completing Start Up Tasks For A Business

You would find a general trend of budding entrepreneurs ready to take the big leap and start up their own business. They are ready to work hard and use their skills to achieve their goals. There are several tasks that need to be completed, before you start business operations it is very necessary to keep in mind the tasks right from reviewing the market scenario, funding to preparing business plans, before you can put up the “open” sign for business.

It is very important to study the product market, and find out, if you can startup that business in the proposed location.  Understand the market, run a quick check of possible problems that may arise, in case you start your business area in that neighborhood . You definitely do not want to get into any legal wrangles.

Form the goals and objectives of your company and a detailed outline of your plan to accomplish it. You may even find Online help to get a free business plan consultation. Once you have a plan ready, you need to think of the capital needs of your business. Find out the different sources, loans, investors and so on. You must not forget your friends and relatives. You never know, who would be ready to help you with your plans. You need to find information about the loan process, which may take months to acquire it.

Once you have these things in order, Form-A-Corp stresses the relevance of having a legal business structure, forming a corporation or LLC. There are several benefits, when you incorporate your business. Find out the other requirements like permits or licenses, which may be required for your state. It also helps to have a registered Agent to receive the legal documents that are received. Learning about the tax law that will be applicable to your business is a necessity, as you would be able to have all the necessary documents ready for any tax deductions applicable to you. Further, Form-A-Corp reminds you, if you plan to hire employees, you must obtain an EIN or employer identification number and state employer ID number, if applicable.

The need to establish a web presence in these times is of immense help. Not having an effective website takes away several opportunities to reach out to new customers. At the same time, you cannot ignore the need to have customized letterhead, cards and forms with your company’s name and logo. These are necessary to create credibility for your business.

Opening a bank account and merchant account as a very important task in hand. The reason being your personal assets are not co-mingled with business funds. Moreover, it is necessary to provide customers with flexible methods to purchase products from your business. Establish proper accounting procedures. It is necessary to have clear data to be able to manage inventory, project costs and keep track on the health of business.  You should take timely help from attorneys and accountants who can help you to find the rules and regulations related to your business.

 Last, but not the least, schedule an opening date for your business and ensure that you plan and ensure completion of activities, before that date. Complete these startup tasks for your business to run smoothly in the future.

 

 

 

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.

 

 

Nonprofit Q&A

What is a Non-Profit?

A non-profit organization is a Corporation whose primary motive is to benefit the public and not generate any profits. More importantly, a non-profit organization may not allocate income to any of its directors or managers. Further, a Nonprofit Corporation is not just another business and should not be used as a substitute structure for a business whose chief aim is to make money

Is Tax Exempt the same as “Nonprofit”?

Even though one may be listed as Nonprofit Corporation, it does not automatically mean one is tax exempt from the Federal Income Tax. In some cases, even local state taxes have to be paid.

A “tax-exempt” Corporation as an entirely separate structure that has earned an exemption from income tax liability.  A Nonprofit Corporation, on the other hand, is almost never automatically eligible for exemption from income tax liability until an application has been made and approved by the IRS.

Are there rules as to how many Directors a Non Profit Organizations should have?

Yes – the rules as to how many vary from state to state. Most States require Nonprofit Corporations to have a minimum of three directors. However, some states do allow for less than three directors. A handful of states also allow for only director. Non Profit Corporations should check out the rules pertaining to their State before determining the number of Directors to be appointed.

Is a Non Profit Corporation allowed to pay any money to its Directors?

Yes – a Nonprofit Corporation may pay some compensation to its officers, directors, and/or employees. However, it is vital that the compensation be paid only for services rendered to the Nonprofit Corporation.

Are there rules where one can form a non-profit corporation?

In general, there are no rules where one can establish a non-profit corporation. However, one has to be practical. There is no point in establishing a non-profit firm in Alaska and live in New York City. Remember, non-profit does not mean that you do not have to pay state fees and taxes- so it is important to work out of the same state. Further, if your directors and officers all live in one state, it is better to establish the corporation in the same state.

What most people forget is that establishing any business in another state means firstly, you have to qualify to be allowed to do business in another state and secondly you are subjected to taxes in the state where you are incorporated and the state where you conducting your business. Similarly, the chances of a lawsuit are also doubled.

Have more questions?  Ask away!!

 

Limited Liability Advantage (LLC) – Form-A-Corp

The LLC Advantage!

For the majority of business persons,  the LLC is an intelligent way to do business. The reason  is that it allows one to merge the “pass through” taxation of an enterprise or solo ownership with little or no liability of a corporation. In most cases, the limited liability specifies that the owner is only legally responsible to the degree of his/her investment in an adequately managed LLC. In all cases, personal assets are protected against judgment or any other suit that may be held against the business. That is a great advantage not to be ignored! 

Professionals must advise LLCs on how they can take advantage of the “corporate veil” and protect themselves. The corporate veil is essentially a separate legal domain for a corporation or an LLC that helps the owners protect themselves of any liability for the actions /obligations of the company. The Veil helps sheild the company owners from any personal liability for lawsuits against the company. When the corporate veil has been pierced or penetrated, it usually means that the liability shield has been affected and the personal assets of the owners are at jeopardy in a judgment against the company.

The majority of business owners form an LLC in the state where their company conducts the vast majority of business. This is not only practical, but also easier to manage in the long run. Factors that come into play when trying to form an LLC are the cost of developing a business in a particular state, the State Tax laws, business laws and regulations and whether there are any restrictions on conducting businesses out of state. Hence business owners will find it easier to handle them in the familiar surroundings.

 So what are the costs of setting up an LLC?  Businesses taking this path, should consider package deals through a company like Form-A-Corp. LLC comes in various package deals; the cheapest package deals start around $99 and depend on what type of coverage you want and how extensive. LLC packages are designed to meet all types of budgets. State filing fees for the same packages do vary from state do state but are very affordable. Business owners need to have clarity on their long  and short term goals while selecting the package for an LLC.

 It is important to remember that businesses with presence in more than one state should be aware that there are additional costs because the LLC does need to be registered in each State before it is allowed to do business in these states. The majority of financial firms in the business of LLC, like Form-A-Corp’s, offer a quote so that businesses know where they stand in terms of the financial outlay required.

Businesses should also be aware that they will have to pay taxes in all the States in which they do business.  LLCs having presence in multiple States will have to comply with the State Tax Laws and file the necessary annual reports as per State guidelines. Form-A-Corp would be able to offer guidance in such matters of compliance with State Laws as they are aware of the rules pertaining to different States.

Most people fault on their LLC by not filing an annual report, not paying the franchise taxes or failing to maintain a registered agent. These three reasons commonly account for an LLC getting a bad standing. When the LLC faults, it is often defined as void, dissolved or forfeited. The advice of the professionals at Form-A-Corp will go a long way towards ensuring that LLCs do not fall into this error and destroy all that they have worked for. 

 

 

Forming a Corporation and Filing Articles of Incorporation Information

Incorporation by: www.form-a-corp.com

Business Incorporation

Starting a business is a big undertaking that can have the potential to financially reward you. We will talk about what business incorporation is, the advantages and disadvantages of incorporating your business, and where you should incorporate your business.

What is Business Incorporation? Incorporation is a form of business structure that is a separate legal entity which is known as a corporation. This separation helps to protect your own personal assets from being taken away from you if your corporation was ever to encounter any legal trouble. Incorporation requires the filing of documents with your state (or another state), or your province (or another province), and there are fees that have to be paid and paperwork that has to be done. Business incorporation is not easy task to initially setup, but there are advantages to incorporation (as compared to the other forms of business structure available.

Advantages of Incorporation. One of the biggest advantages to business incorporation is limited personal liability because it is a separate legal entity. Income tax rates are lower for corporations than they are for the other forms of business structure. A corporation has the ability to issue stock and raise capital, they have perpetual life, and the ownership of a shareholder’s stock in a corporation is relatively easy to transfer. There are also a variety of ownership classes for an incorporated business: preferred stock, voting common stock, and non-voting common stock, and there can be ownership anonymity to you as well.

Disadvantages of Incorporation. Business incorporation is not for everybody because of some of the main disadvantages to it. The income of a corporation is subject to double taxation: once at the corporate level, and once more at the shareholder level. The cost of incorporation, combined with the legal fees make it a disadvantage (as compared to the cost of other forms of business structure). There are more administrative formalities involved which include: record keeping that is required, having a board of directors, and holding annual meetings for the corporation. There are also more rules and regulations governing the operation of corporations.

Where should you Incorporate? The incorporation process occurs at the state (or provincial) level. Your business is a domestic corporation in the state (or province) where it is incorporated, and is a foreign corporation in any other state (or province) where it operates. To make things easier and less expensive, it is worth considering incorporation in your own home state (or province) provided that your business operates exclusively in that state (or province). If you plan on expanding your business, and operating in many states (or provinces), the incorporation laws of the other state (or province) may be more beneficial to you.

Deciding whether or not to incorporate your business is an important decision that should not be taken lightly. While there are advantages to incorporation, there are disadvantages as well which should be carefully assessed before committing yourself to that form of business structure. Please view http://www.form-a-corp.com for more information on forming a corporation.