Business Incorporating

Feb 10
10:01

2006

Charles Fuchs

Charles Fuchs

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Business incorporating can bring with it a number of benefits to your company. If you are seeking those benefits inherent in business incorporating, you will want to go beyond the benefits to learn the process of business incorporating along with the type of corporation you want. The benefits of business incorporating can help you build a successful business.

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Business incorporating may seem like a good thing when it comes to running your business,Business Incorporating Articles but do you know what type of corporation you want?  There are several types of corporations, and you should know what type of corporation you want for your business before you start the process of business incorporation.  If you are considering business incorporation, you may want to consider filing for a “C” corporation.  A “C” corporation will give you the benefits of business incorporation, but filing for a subchapter “S” corporation will allow you to treat the earnings as distributions passed through directly to the personal tax return.  Business incorporation with a “S” corporation subchapter does mean that you will need to meet the standards of reasonable compensation.

Another type of corporation to consider when you are thinking about business incorporation is the Limited Liability Company.  This type of corporation is designed to combine the limitations of corporate liability with the tax efficiency and flexibility of a partnership.  However, if you are considering business incorporation under a Limited Liability Company, you will find that business incorporation will be more complex that forming a business as a partnership. 

Once you decide what type of corporation you desire, you will need to file the proper documentation for business incorporation.  In most states the process of business incorporation starts with reserving a name.  The business incorporation will usually then require you to fill out your articles of incorporation and other tax forms.  You should check with your state’s Secretary of State or Corporation Commission for the specific paperwork required for business incorporation in your area.

Once you complete your business incorporation, you can then start to reap the benefits.  Business incorporation means that your business now carries a separate legal entity status than you and your shareholders.  This separation limits your liability for any corporate debts or losses.  Business incorporation means that your business must rely on its own assets to cover any losses, and the personal assets of the shareholders will not be at risk. 

Business incorporation also allows you to have a broad range of powers.  This means that, as a corporation, your business can enter into contracts, buy and sell property, and even sue and be sued.  If your corporation does end up in small claims court, you can send any officer or director to appear on behalf of your corporation.  Plus, business incorporation means that your corporation does not rely on the death or incapacity of any shareholders or officers to continue operating.

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