Business is a risky proposition. As a
matter of fact it is also said the higher the risk, the greater the benefit.
There is no denying that discretion is the better part of the valor, as
the potential downfall might lead to complete financial failure and recovering
could be a mammoth task. That's why incorporate
is important to know how much money you should risk, and incorporating
a business venture reduces the risk and the personal liability.
In simple terms, there are many advantages to incorporating a business.
They are personal liability, tax advantages, anonymity, perpetuity, easier
access to capital and transfer of ownership. It is worth mentioning in
this regard that why incorporate is made
up of a group of persons called shareholders. Furthermore each has limited
investment in the venture. Moreover the benefits they accrue are in the
form of salaries if they are employees, as well as dividends and capital
appreciation if the shares are listed. In case if the business incurs
any loss, the shareholders are liable only for their investments. In addition
their personal assets are protected. Corporations
enjoy many tax advantages when compared to proprietorship and partnership.
As a matter of fact many expenses like rents, insurance plans and retirement
plans can be claimed for deductions. Furthermore in proprietorship and
partnership, debt is the only way to raise capital. Fact remained that
this comes at a higher interest due to unlimited liability. But always
remember that corporations can raise capital by selling shares and can
borrow money from institutions because of the credibility. As it is worth
noting that ownership is held in the form of shares, it is easy to transfer
ownership by selling the shares. Point to be noted in this regard is that
corporations exist on their own by their legal entity status. In theory
this makes why incorporate live longer
and provides the founders anonymity, as they are separate from the corporation.
It is important to note that incorporating
a business allows for public scrutiny, and the founders have a responsibility
to society to file returns properly and follow laws set by the state.
In addition it is important to understand that incorporated business is
not their alter ego, but a separate legal issue. There is no denying that
you could save hundreds of dollars by incorporating yourself without a
lawyer.
The question now arises: How and is it advisable to do so?
1. This is Not A Legal Advice!
Always remember that the only ones who should be giving legal advice are
those licensed to practice law (in other words, only lawyers). That does
why incorporate, if you need legal advice,
consult a lawyer. Though you can form a corporation
or limited liability company without a lawyer, but it depends on the situation.
2. Why Use a Lawyer?
First and foremost, if you make a mistake incorporating
yourself, whom do you sue? In that scenario you only have yourself to
blame. On the other side of the coin, a lawyer has insurance to cover
errors and omissions. Secondly, there is
no denying that you could benefit from the expertise of your lawyer. Fact
remained that perhaps a corporation isnt the right vehicle for you under
your circumstances. That's why, be aware that there can be disadvantages
as well as advantages to incorporating. It is worth mentioning in this
regard that your lawyer can consider commercial law, securities legislation,
limited liability, tax factors, estate planning, share structure, and
a myriad of other business considerations. More often than not the advice
of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself
The question now arises: Is it advisable to perform surgery on yourself.
Always remember that it is illegal to perform surgery on someone else
unless you are licensed to practice medicine, but perhaps in a wilderness
survival scenario, self-surgery might be your only option. Though, is
performing surgery on yourself really a good idea in most instances
Just like that because it is possible to incorporate
yourself without a lawyer doesn't mean it is always a good idea.
Fact of the matter is in some jurisdictions, only lawyers
can incorporate others. It is worth pointing that for a paralegal or other
person to incorporate a company for you could be considered unauthorized
practice of law. Therefore, it may be legal to incorporate yourself but
not others. Some factors you might take into
account are: Are you really that short of cash that you cant spend the
extra money for good legal advice that may save you thousands of dollars.
Are you confident that your situation is one that really doesn't need
the services of a lawyer to incorporate? Furthermore, can the money saved
on legal fees be better utilized in financing other aspects of your business?
There is no denying that each person will
have to make their own decision on whether or not to seek the services
of a lawyer in forming a corporation.
4. How To Incorporate Yourself.
Theoretically speaking many books has been written by lawyers on how to
incorporate yourself. Furthermore forms, corporate supplies, name searches,
and kits are available from legal stationers and other sources.
For example, in the United States, there are likewise
many manuals available for incorporating yourself in various states. "Incorporating
Your Business For Dummies" by The Company Corporation and "How To Form
Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas
are two such books that can help you immensely in incorporating.
In some cases helpful information on this subject is
available from federal, provincial and state governments for free or nominal
cost. In addition you can sometimes locate
incorporation manuals at your local library for free. Be careful because
legal manuals become outdated very rapidly. As a matter of fact you might
consider very seriously purchasing the most up-to-date manual available;
it might also include helpful reference material on maintaining corporate
minutes and other helpful suggestions on operating your corporation.
It is advisable to buy the appropriate manual and supplies
and then follow the instructions. There is no denying that with a little
effort, you could save hundreds of dollars incorporating yourself without
a lawyer.
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