Eight Easy Things To Do Before You Form Your Company

Today we have a guest post from one of partners, The Company Corporation.

Incorporating or forming an LLC is a fast, affordable and easy process. It benefits the business owner by protecting personal and family assets from the risks and debts of the business. Here are eight easy things business owners can do to make incorporating a breeze.

1.    Select Your Company Name

Your company name can identify the type of products/services your business provides, or it can simply tout the name of the founder. The two main requirements for a company name are: no other entity in the same state may have the same or similar name; the name must include an ending like company, incorporated, corporation, association, foundation, institute, fund, society, union, syndicate, or limited. Words like “bank”, “trust” or “education” may not be used without approval from the appropriate state agency.

2.    Select Your Business Structure

A general corporation, also known as a “C” corporation, is the most common corporate structure. It may have an unlimited number of stockholders. A “close” corporation is appropriate only for the individual starting a company alone or with a small number of people. An LLC is not a corporation, but it offers many of the same advantages, combining the limited liability protection of a corporation with the “pass through”" taxation of a sole proprietorship or partnership.

3.    Select Your State

Many business owners incorporate or form an LLC in the state where they are planning to operate because it is often least complicated and most cost effective. However, Delaware still holds appeal for new companies because of its low incorporation fees, low annual franchise taxes, and lack of state income tax for corporations operating outside of Delaware. Likewise, Nevada has become increasingly business-friendly with its advantageous tax advantages.

4.    Select Your Management Team

Naming initial directors for your corporation is straightforward. Directors are typically the key players or owners in the business. In most states, only one director is required and you may simply name yourself. In an LLC, managers or members are selected.

5.    Select Your Number of Stock Shares and Par Value

Stock represents ownership in a corporation. Par value is the minimum selling price for each share of stock. Many states allow you to elect a $0 par value, to give you the most flexibility. LLCs do not issue stock, so LLC ownership is like a partnership.

6.    Choose a Corporate Kit

A Corporate Kit will help you organize and save your important company documents. They often include a corporate seal, stock certificates, stock transfer ledger, and sample forms for bylaws and minutes.

7.    Designate a Registered Agent

The Registered Agent serves a critical purpose and is an important part of protecting your corporate status. Select a highly reliable company to serve in this role. Look for a company that maintains a nationwide network of offices and serves as a full time Registered Agent in all 50 states plus District of Columbia, so that they can service your company’s needs as you grow.

8.    Worry Not!

Your decisions about company formation may be changed after your company is formed, simply by filing an amendment. Broad flexibility is available to you as your company grows and its needs change.

John Meyer from The Company Corporation will be our guest at this month’s Back to the Fundamentals webinar, April 14th.

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Make sure you register for this event soon. Space is limited.

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11 Comments on this post »

show or hide Comment by Martin Lindeskog on 2009-04-10 07:53:39

Great name of the webinar! I get a “back to the future” feeling, is that right?! ;)

show or hide Comment by Chelle Parmele on 2009-04-14 10:34:54

That’s right, Martin. The look and feel of it was actually Tim’s idea. We started the webinar series for the Global Entrepreneurship Week and have had several since then.

 
 
show or hide Comment by Russ on 2009-04-13 19:15:25

These are 8 great points and I agree with them all, however, another great point is building a solid website because this will be the cornerstone of every business in the future. And I find using tools like Yahoo Small Business can really help the novice get their online business heading in the right place…

show or hide Comment by Chelle Parmele on 2009-04-14 10:41:19

You make a really good point, Russ. Having a good website is really important for a successful online business. Great tip, thanks!

 
 
show or hide Comment by Product Innovation Company on 2009-04-15 00:33:26

Selecting your management team is very important and really takes time.Think hard on this. Very nice post, by the way:)

show or hide Comment by Chelle Parmele on 2009-04-15 15:50:48

You’re right! We’re just in the middle of reading business plans for various competitions around the country and one of the areas we always pay attention to is the management team. Without a credible and knowledgeable team, your company will have a harder time of it.

Thanks for stopping by and commenting.

 
 
show or hide Comment by Scopy on 2009-04-15 12:46:25

These are 8 good easy ideas but I can not believe you forgot the most important one…

a PLAN!

or is this one assumed.

A few others are:
* To get an accountant.
* Get legal contracts agreed.
* Get office – fixture and fittings – (rented or purchased). computer, phone ,desks etc.

show or hide Comment by Chelle Parmele on 2009-04-15 15:51:28

Hey, you’re preaching to the choir here! We’re big fans of planning!

 
 
show or hide Comment by Martin Lindeskog on 2009-04-21 17:07:10

And planning software, right?! ;) By the way: Do you have podcasts?

show or hide Comment by Chelle Parmele on 2009-04-22 10:36:00

We’re the planning people!

We don’t have regular podcasts, Martin. But you can listen to the recordings of the webinars in this series by going to http://www.bplans.com/fundamentals

You should see the form for accessing the webinars there.

Thanks!

 
 

,..] blog.bplans.com is one another great source of tips on this issue,..]

 
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