Corporate Formation Services

A corporation is a legal entity that is separate and distinct from its owners, who are known as shareholders. It is formed by filing articles of incorporation with the state and is governed by a board of directors. Corporations can enter into contracts, sue and be sued, own assets, and pay taxes. They are characterized by their ability to issue stock, which can be used to raise capital. The corporate structure provides a high level of liability protection to its shareholders, as their personal assets are generally not at risk for the corporation’s debts and liabilities.

Why Do I Need a Corporation?

Forming a corporation can provide significant advantages for your business. Corporations offer strong liability protection, which means shareholders are not personally responsible for the corporation’s debts or legal issues. This structure is particularly beneficial for businesses that plan to raise capital through the sale of stock, as it facilitates investment and ownership transfer. Additionally, corporations can build credibility and trust with customers, suppliers, and investors due to their formal structure and regulatory requirements.

3 Benefits of a Corporation

  1. Limited Liability Protection: Shareholders are protected from personal liability for the corporation’s debts and obligations, safeguarding personal assets.
  2. Ability to Raise Capital: Corporations can issue stock to attract investors and raise significant capital, making it easier to fund growth and expansion.
  3. Perpetual Existence: Unlike other business structures, corporations continue to exist even if the owners or shareholders change, ensuring business continuity and stability.

Corporation vs LLC

When deciding between a corporation and an LLC, consider the following differences:

  • Formation and Maintenance: Corporations require more formalities, such as issuing stock, holding annual meetings, and maintaining detailed records. LLCs are easier and less expensive to form and maintain, with fewer regulatory requirements.
  • Liability Protection: Both corporations and LLCs offer limited liability protection. However, corporations often provide stronger protection for shareholders.
  • Taxation: Corporations are subject to double taxation, where the corporation pays taxes on its income, and shareholders also pay taxes on dividends. LLCs offer flexible taxation options and can be taxed as pass-through entities, avoiding double taxation.
  • Management Structure: Corporations have a more rigid management structure with a board of directors and officers, providing clear governance and accountability. LLCs offer more flexibility in management, allowing for member-managed or manager-managed structures.
  • Raising Capital: Corporations can issue stock, making it easier to raise significant capital from investors. LLCs cannot issue stock and may have more difficulty attracting large-scale investment.

Choosing the right business entity depends on your specific needs and goals. Our experienced business attorneys can help you evaluate your options and determine the best structure for your business.

Order Form: LLC Formation

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