Frequently Asked Questions

FAQs

Litigation- Business Law : « Search Again

I'm Setting Up A New Business. Do I need To Incorporate or Set up an LLC?
What is "limited liability" protection?
Which is Better For My Business -- Incorporation or Setting Up an LLC?
What is an "S Corporation"?
What is a "C Corporation"?
What is an "LLC"?
HOW DO I GET STARTED?


I'm Setting Up A New Business. Do I need To Incorporate or Set up an LLC?

Answer:

Probably so,  However, this will ultimately depend on the following:
-The type of business you are starting (Service, Real Estate, Franchise Etc.);
-How you plan to raise capital;
-The number of owners or shareholders the business will have;
-The requirements of your vendors, partners, or customers; and
-The short and long term needs of your business.

If you operate as a sole proprietorship or a general partnership, this will expose all of your personal assets at risk for business debts or lawsuits.  Therefore, it is usually recommended that the business be incorporated or a limited liability company (LLC) be formed.  A corporation and a LLC, both offer the benefit of limited liability protection.

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What is "limited liability" protection?

Answer:

Limited liability means that you, as the owner of the business, are not personally liable for the debts or obligations of the business.  Choosing to incorporate or form an LLC can be very important.  Choosing the correct business formation can protect you from the risk of losing your home or other assets because of a business debt, lawsuit or other claim against your business.
It is important to remember that you must properly separate your business operations from your personal finances, and also follow other legal rules, in order to ensure that you keep your limited liability protection.  These issues are reviewed with all clients who are forming new businesses.

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Which is Better For My Business -- Incorporation or Setting Up an LLC?

Answer:

It depends on the type of business you have.  There may be tax advantages to choosing one over the other, but we would need to meet with you and understand the details of your business in order to advise you on the question.  You can get the benefits of limited liability protection with both a corporation and a limited liability company (LLC).

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What is an "S Corporation"?

Answer:

An "S Corporation" is a regular corporation that has filed an election with the Internal Revenue Service to be taxed as a partnership.  By making this election, a business owner can enjoy the limited liability protection of the corporate form, together with the pass-through tax advantages of a partnership.  Depending on your business needs, forming an S Corporation might be the best option for your business.

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What is a "C Corporation"?

Answer:

A "C Corporation" is a regular corporation. In other words, a corporation that has not filed an "S" election with the Internal Revenue Service.  Depending on your business needs, forming a C Corporation might be the best option for your business.

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What is an "LLC"?

Answer:

LLC is an abbreviation for "Limited Liability Company."  This is a relatively new type of business organization, that combines the characteristics of a partnership and a corporation.  LLCs have become very popular for small businesses.  Depending on your business needs, forming an LLC might be the best option for your business.

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HOW DO I GET STARTED?

Answer:

Call our office at 770-609-1247 and make an appointment for a consultation with one of our attorneys.  Of course, if you have any questions in the meantime, please do not hesitate to call.
 
We hope you find this information helpful.  Please contact our office if you have any questions.

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