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Incorporating Your Business
Which Business Structure Is Right for Me?
To learn more about incorporating your business, click here.
Limited Liability Corporation – LLC
To learn more about an LLC structure, click here.
Doing Business As – DBA
To learn more about a DBA, click here.
Other Business Entities:
Nonprofit – To learn more about a nonprofit, click here.
Limited Partnerships – To learn more about an LP, click here.
Limited Liability Partnerships – To learn more about an LLP, click here.
Click here to view a comparison chart to decide which business formation is best for you.
Why Should I Incorporate My Business?
Incorporating your business is a great way to protect your personal assets from company liabilities such as creditors or lawsuits. In fact, many people incorporate for this reason alone. But that’s not the only advantage.
The corporate business structure also saves you money in taxes, provides greater business flexibility and makes it easier to seek outside investment.
What Are S Corps and C Corps?
There are two types of corporations, “C corporations” and “S corporations.”
C Corporations
A C corporation is taxed at two levels. This is commonly referred to as double taxation. A C corporation pays a corporate tax on its corporate income (the first tax), then distributes profits to stockholders who pay income tax on those dividends (the second tax).
S Corporations
One way to avoid the double taxation of a C corporation is to make a special election to be taxed as an S corporation, which is a “pass-through” entity taxed like a partnership or a sole proprietorship. That way, there is only one level of taxation. The corporate profits “pass through” to the owners, who pay taxes on the profits at their individual tax rates.
To get more details about tax benefits and general information on forming a corporation, please download LegalZoom’s Incorporation Guide.
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Like a corporation, a limited liability company, or LLC, is a separate and distinct legal entity. This means that an LLC can obtain a tax identification number, open a bank account, and do business, all under its own name. The primary advantage of an LLC is that its owners, known as members, are not personally liable for the debts and liabilities of the LLC. For example, if an LLC is forced into bankruptcy, the members will not be required to make up the difference with their own money. If the assets of the LLC are not enough to cover the debts and liabilities, the creditors cannot look to the members, managers, or officers for recovery.
To get more details about tax benefits, state procedures, and general information on forming an LLC, please download LegalZoom’s LLC Guide.
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“DBA” stands for “doing business as.” Registering a DBA is required if you plan to operate your business under a name that differs from your company’s legal name.
With a DBA, you can legally open a bank account and conduct other transactions using your trade name. This is a critical first step toward building name recognition for your business. Unless you operate a corporation or LLC, you will not be able to receive money or hold a business bank account under a business name until you have filed, and when applicable, published a DBA.
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Forming a nonprofit is a great way to support a worthwhile cause. As a nonprofit, you are eligible to receive private and public grants and apply for tax-exempt status from the IRS. Plus, you’ll be able to solicit tax-deductible donations, which are critical to your fundraising efforts. Nonprofit recognition also reassures potential donors that you are a legitimate organization.
The limited partnership, or LP, has become an increasingly popular choice for business owners, especially those involved in real estate or other investment ventures.
Unlike general partnerships, LPs can limit the liability and the involvement of certain partners. This is useful for attracting investment partners who’d like to participate in the profits of the business but not necessarily its risks or daily operations.
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A limited liability partnership, or LLP, is a business structure designed for partners who want an equal voice in managing their business, but not an equal share of the liability.
Generally speaking, a partner in an LLP is not responsible for the debts or liabilities of the other partners. This makes the LLP a popular choice for professional service organizations such as accounting, architecture, or law firms.
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Protect Your Work
To learn more about how to copyright your work, click here.
To learn more about how to trademark your business, click here.
Copyright
Copyrighting your creative work protects it from unauthorized use. With a registered copyright, you control how your work is reproduced, distributed, and presented publicly.
Do You Need One?
Copyrighting your creative work protects it from unauthorized use. Material not protected by copyright is available for use by anyone without the author’s consent. An author of a copyrighted work can prevent others from copying, performing, or otherwise using the work without the author’s consent.
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Trademark
A trademark protects names, terms, or symbols that are used to identify the products of a certain manufacturer or company. This includes brand names such as “Coca-Cola” and images such as Nike’s famous “swoosh.” As a trademark owner, you can sue for trademark infringement in federal court and prevent others from importing foreign goods that display your trademark.
Do You Need One?
A trademark is one of the most important business assets you’ll ever own. It’s your name, your logo, or any other symbol that distinguishes your company or products in the marketplace.
Registering your trademark prevents others from using your business identity to market their own products, which can confuse your customers and damage your brand.
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Now you have instant access to the most common forms you need. Top attorneys create, review, and update all of LegalZoom’s forms. In addition, each form includes detailed instruction on how and when to use it.
Benefits of LegalZoom Legal Forms
Save time and money with high-quality legal forms crafted by top attorneys:
The top five documents all new businesses need to consider:
General Agreement. Never underestimate the power of the written word to both promote fulfillment of an agreement and protect you in case of a breach of contract. This agreement contains essential contract basics, providing a standard agreement form, which you can easily tailor to fit your specific situation.
Promissory Note. To stay afloat, businesses often must borrow money from less formal sources, like friends, colleagues, and relatives. When that time comes, a promissory note may be your best option to secure a loan. LegalZoom has created a Secured Promissory Note (Amortized Payments) to make the process easier than ever.
Independent Contractor Agreement. Hiring an independent contractor offers a host of valuable benefits for your business. And while there are associated risks, a written independent contractor agreement can offer a certain amount of protection. LegalZoom has created an easy-to-use Independent Contractor Agreement you can begin using today.
Mutual Non-Disclosure Agreement. A Non-Disclosure Agreement (NDA) is the first line of defense in protecting confidential company information such as customer data, inventions, and trade secrets. An NDA is an important weapon when you’ve discovered illegal disclosure. But more importantly, it’s a powerful deterrent, allowing you and your business associates to discuss and agree on privacy right from the start.
Unilateral Non-disclosure Agreement. With a Unilateral NDA, you can share sensitive information with those outside your company and ensure it’s kept private and confidential.
Proceed to STEP 3 – SIGN UP
