Starting a new business requires significant decisions.  One of the biggest and most important is the business structure, especially if you are looking for venture capital funding.  Your business structure is the legal form it takes in operation.  As an entrepreneur, you need to carefully consider the different options so that your business will most likely succeed.

 

In order to focus on a proper business structure, you need to ask yourself some important questions.  Do you want to avoid personal liability if the company is sued?  How do you want to pay taxes?  Will you have a partner?  Will your business operate on a national or international level?  Questions like these can help you choose the right business structure.

 

Below are the most popular business structures that operate in the United States.  Take a look at the pros and cons of each to determine which one is ideal for your start-up venture.

 

Sole Proprietorship

 

Most small businesses are a sole proprietorship.  A sole proprietorship is a one-owner business.  The owner and the business are inseparable.  Though the owner reaps all benefits of the business profits, he or she is also liable for all debts, taxes, and potential legal judgments.

 

Depending on the state, a sole proprietorship generally does not need to be a registered business entity.  However, registering a business name with the Secretary of State in which you conduct business is wise.  Also, acquiring all necessary business licenses should not be overlooked, even with a sole proprietorship.

 

Partnership

 

A partnership is similar to a proprietorship, only there are two or more business owners.  A written agreement is not required, but should be drawn up for the benefit of the partners.  With any partnership, federal and state income tax is “passed through” to the partners who are liable for the taxes on earnings.  The partnership itself does not pay taxes.

 

A Limited Partnership (LP) is a type of partnership that requires complicated paperwork and state registry.  A limited partnership is usually run by one “general partner” and has one or more “limited partners.”  Limited partners are usually the investors who do not participate in the day to day operation of the business.

 

Corporation

 

A corporation is a registered legal entity that is separate from the owners and prevents the owners from having any personal liability in company debts or judgments.  However, a corporation must pay taxes on corporate profits, and all shareholders must pay taxes on dividends earned through the corporation as well. 

 

There are three main types of corporation:

 

• Private corporation – This is a company that is registered with the state of headquarters and is owned by private investors.  Each investor purchases a “share” in the company.

 

• Public corporation – This type is seen on public stock trading markets, such as Dow Jones or NASDAQ.  Investors also own shares in the company, but publicly traded companies have a great deal more federal regulation.

 

• Non-profit corporation – A non-profit organization is a type of corporation that performs charitable, educational, scientific, or religious type of business.  There are no “owners” who buy stock, but the company is overseen by a board of directors.  Non-profits can raise funds from grants and donations and do not pay taxes since there is no “profit” on the operations.

 

Limited Liability Company (LLC)

 

An LLC has elements of both a corporation and a partnership.  Like a corporation, an LLC is must file its entity through Articles of Organization with the state Secretary of State.  Owners of an LLC are “members” who have limited liability, but have a say in how the company is run.  However, similar to a partnership, all profits are passed through to the members, who then must pay the government on their share individually.  The LLC structure has become one of the most popular types with its easy form of ownership and tax status.

 

For tax, liability, and venture capital funding reasons, it is important to choose a business structure that will serve your endeavors well in the present and into the future.  Generally, corporations or LLCs are most ideal for securing venture capital, as you give your business room to grow and gain market share. 

 

 

 

 

 

 

 

Tags: angel investor, angel investors, Find funding, funding, startup business, startup finding, startup funding, vc, venture capital, Venture Capitalist

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