How to Choose Which Type of Legal Structure is Right for Your Business
For every
newbie entrepreneur, there are loads of questions that require answers and a
lot of things that need urgent attention. One such would be the legal structure
which your business would take. It is essential for you to be able to guard
your personal and private assets away from your company and allow your business
to flourish in compliance with governing laws. There are a variety
of legal structures that any business can adopt, for the sake of clarity we
would explain some of these structures briefly before deciding how to pick
which type of business would be ideal for your business.
1. Sole Proprietorship: Sole proprietorship is
pretty straight forward. In this type of legal structure, you represent the
business, and there is little separating you from the company.
2. Partnerships: A partnership is the coming
together of two or more people to share the responsibility of running the
business. Partners share profits and liability that result from the business.
3. Corporations: these are recommended for
established businesses and are typically composed of several parties coming
together. It requires more paperwork, type, and money to set up. It is usually
viewed as a separate entity standing on its own.
4. S Corporations: one of the main drawbacks
of C Corporation is the issue of double taxation because the company pays taxes
on dual fronts that is the shareholders and the private individuals. S
Corporations can avoid this scenario and still retain the advantages of C
Corporations.
5. The last on the list are Limited Liability
companies – LLC, LLCs protect you from double taxation and liability while
operating a dual kind of partnership. The downside of an LLC is that it has to
be dissolved if a member passes away.
Now that we
have been able to touch on the business structures that exist, it is time for
us to know how to choose the best option available to us. You should also have
it at the back of your mind that you can change structure has your business
grows. Below is a list of factors that you should strongly consider when
choosing the type of legal structure that is right for your business.
1. Financial Requirements: this is the first
and most important because before deciding on the legal structure you want for
your business, you, first of all, have to know if you can afford it.
2. Long term Projections: Long term strategy
is key to deciding the path you want your business to follow, and it is essential
you have this at the back of your mind when deciding on the legal structure you
want to adopt for your business.
3. Level of flexibility: your legal structure
should be flexible enough to accommodate changes to your business.
4. Tax Options: like we have pointed out
briefly, the tax structure that accompanies legal structures are different, and
as such, you need to be conversant with the structure that best fits your
business needs.
5. Liability: minimizing risk is one of the
primary reasons why businesses choose to adopt incorporations. If you intend to
run a high-risk activity, then it would be strongly recommended that you do
such.