Choosing the Wrong Corporate Entity

Corporate entities come in three categories: the good,responsible for your own mistakes as well as your
the bad, and the ugly. But even among the good, onepartners' mistakes. Not a good way to do business.
size does not fit all. Choosing the wrong corporateThe "good" entities are the C Corporation, the S
entity can cost you time, money, and your personalCorporation, the Limited Partnership ("LP"), and the
assets.Limited Liability Company ("LLC"). A corporation, LLC or
The "bad" entity is the Sole Proprietorship, where theLP is a separate legal entity with its own name,
owner is personally liable for all claims against thebusiness purpose, and tax identity with the IRS. The
business. If the business gets sued, as owner, youcorporation is responsible for the actions of the
could lose more than just the company; you could losecorporation, not individual owners or shareholders. As
your car, your house, everything. Though thean owner or shareholder, your personal assets are
paperwork required for a Sole Proprietorship is minimalprotected. You are only liable for the money you put in
and it is the cheapest entity to form, it is almost neverto start the company, thus each corporation offers
worth the risk in today's litigious society.limited liability.
The "ugly" entity is the General Partnership, whereSimply filing as a corporation is not enough to protect
each partner is responsible for the actions of the other.personal assets, however. Certain corporate
Any partner can obligate the partnership, even if oneformalities must be followed (the same applies for
(or more) partner(s) protests a decision. And, as with aLLCs and LPs) or a creditor will be able to claim that
Sole Proprietorship, personal assets may be on the line.the business is a corporation in name only. In this case,
It is also important to understand that Generalthe corporate veil may be pierced and personal assets
Partnerships can be innocently formed. There is noclaimed.
filing requirement. A handshake or simple businessChoosing a corporate entity is a detailed, complicated
arrangement - anytime you are sharing profits andprocess. Work with your Corporate Direct account
splitting losses - could be seen by the courts as arepresentative to properly set it all up. They will make
General Partnership, regardless of the intent of thesure you choose the right entity, thus avoiding a big
parties involved. Remember, with a Generalmistake many business owners make.
Partnership you have liabilities times two. You are