Defining and Establishing a Corporation

Before venturing into corporation establishment, it is aThe first step of corporation establishment is picking a
good idea to consider if this is the best form ofname for your business that is accordance with your
business structure for you and your partners.state’s corporation laws.
To start with, it is important to know what makes a• The name cannot be the same as another
corporation and what makes it different from othercorporation
business structures like sole proprietorships and• The name must end with a corporate designator
partnerships.like “Corporation”, “Incorporated”,
What makes a corporation different from other“Limited”, or its abbreviated forms (Corp., Inc.,
business structures is that under the law, it isand Ltd.)
considered as a separate legal entity from those who• The name should not be associated with the
own, control and manage it.federal government or restricted types of businesses,
This means that the corporation can enter contracts,such as Bank, Cooperative, Federal and National
incur debts and pay taxes as a legal entity.Appointing Directors
This is also where the concept of limited liability comesMost of the time, during the corporation establishment
in.stage, the owners appoint themselves as directors of
Limited liability is a trait of corporations where thethe company.
business owners are not personally liable for theHowever, the directors do not have to be owners of
obligations of the corporation, including debts.the company.
In fact, if the corporation is sued, only the assets of theThe directors make the major policies and financial
corporation are at risk. The personal assets of thedecisions of the company.
owners will not be touched.Filing Articles of Incorporation
This is also the main difference of corporations fromFile the Articles of Incorporation and pay a filing fee of
other business structures as sole proprietorships andabout $100 - $800, depending on the state.
partnerships generally do not give limited liability to itsYou will probably have to assign one person, usually a
owners and partners.director, as a registered agent of the corporation. This
Another difference is on how each business structureis so the public knows how to contact the corporation.
is taxed.Licenses and Permits
A corporation, as it is a separate entity, must pay itsAnyone who is starting a business, not only as a
own corporate income taxes.corporation, needs to secure necessary licenses and
Partnerships, on the other hand, have the profitspermits before starting operations.
“pass through” the business to the owners. TheOne of the disadvantages of forming a corporation is
owners then reports their income or loss on theirthe complexity of its establishment. To help you make
personal tax returns.it simpler, you should get help from a knowledgeable
Now if you have decided that establishing acorporate attorney in your state.
corporation would be the right move for the business,To help you deal with issues on corporation
then you should be familiar with the steps ofestablishment involving its preparation by laws, consult
corporation establishment.with our expert employment attorneys. Visit our
Choosing an Available Business Namewebsite and call us toll free for legal assistance.