Business Entity Formation By: Karyn A. Riley, Esq.
Sole Proprietorship Limited Liability Company Limited Partnership   S Corp C Corporation General Partnership Professional Limited Liability Company
Which One Are You? Which One Should You Be?
Factors to Consider   Line of Business Partners and/or Investors Control and Management Employees/Contractors Financing/Capitalization Location of the Business Tax and liability issues
Types of Business Entities
Sole Proprietorship NOT A BUSINESS ENITY Easiest to form - requires no paperwork! Most businesses start as a sole proprietorship  No expenses, no requirements regarding formation, not taxed separately
Sole Proprietorship Unlimited personal liability Liability Decision of the the sole proprietor Finance/ Capitalization Generally, use contractors and no employees Employees/ Contractors Unlimited Management/Control Can file on individual taxes Tax No paperwork Formation
Partnerships Two or more people involved Types of Partnerships General Partnership Limited Partnership  Governed by a partnership agreement If not exists, the Uniform Partnership Act governs in most states
General Partnership Joint and several; Unlimited personal liability Liability Decision of the the sole proprietor Finance/ Capitalization Generally, use contractors and no employees Employees/ Contractors Flexible Management/Control Partnership does not pay tax; individuals reports share of loss or gain on personal taxes Tax
General Partnership - Formation May be formed without formal operating agreement Most jurisdiction require filing a Statement of Partnership that includes: The Name of the Partnership Address of the chief executive offices Name and address of the registered agent Name of the partners

Business Entities

  • 1.
    Business Entity FormationBy: Karyn A. Riley, Esq.
  • 2.
    Sole Proprietorship LimitedLiability Company Limited Partnership S Corp C Corporation General Partnership Professional Limited Liability Company
  • 3.
    Which One AreYou? Which One Should You Be?
  • 4.
    Factors to Consider Line of Business Partners and/or Investors Control and Management Employees/Contractors Financing/Capitalization Location of the Business Tax and liability issues
  • 5.
  • 6.
    Sole Proprietorship NOTA BUSINESS ENITY Easiest to form - requires no paperwork! Most businesses start as a sole proprietorship No expenses, no requirements regarding formation, not taxed separately
  • 7.
    Sole Proprietorship Unlimitedpersonal liability Liability Decision of the the sole proprietor Finance/ Capitalization Generally, use contractors and no employees Employees/ Contractors Unlimited Management/Control Can file on individual taxes Tax No paperwork Formation
  • 8.
    Partnerships Two ormore people involved Types of Partnerships General Partnership Limited Partnership Governed by a partnership agreement If not exists, the Uniform Partnership Act governs in most states
  • 9.
    General Partnership Jointand several; Unlimited personal liability Liability Decision of the the sole proprietor Finance/ Capitalization Generally, use contractors and no employees Employees/ Contractors Flexible Management/Control Partnership does not pay tax; individuals reports share of loss or gain on personal taxes Tax
  • 10.
    General Partnership -Formation May be formed without formal operating agreement Most jurisdiction require filing a Statement of Partnership that includes: The Name of the Partnership Address of the chief executive offices Name and address of the registered agent Name of the partners