In the United States, public corporations are regulated by federal law, primarily through the Securities and Exchange Commission. We have described the four most common business legal structures and then discussed each of them, including taxes, liability and the constitution of each of them. Ready? Corporations are the most complex business structure. A corporation is a legal entity that is separate and distinct from the people who own or manage it, that is, the shareholders.
This type of business structure has the capacity to enter into contracts independently from its owners, but it also has certain responsibilities, such as paying taxes. Companies are generally better suited to large established companies with several employees or when other factors exist (that is, the company sells a product or provides a service that could expose it to significant liability). Ownership is designated by issuing shares. A commercial corporation has rights and capacities similar to those of a natural person.
The main features are perpetual duration, limited liability and easy transferability of interest. A corporation can be formed for any purpose or legal business purposes. The Department of State cannot offer advice on choosing business training and strongly recommends consulting with legal and financial advisors before making the decision. A corporation is designed to have a board of directors that makes the main decisions that guide the company.
A single person can control a company, especially in its early stages, but as it grows, so does the need to operate it as an entity led by a board of directors. Even in the case of a small company, the rules aimed at larger organizations continue to apply, such as keeping notes of all the important decisions affecting the company. When starting a business, you must decide what type of business entity to establish. Your form of business determines which income tax return form you should file.
The most common forms of business are the sole proprietorship, joint stock company and S corporation. A limited liability company (LLC) is a business structure allowed by state law. Legal and tax considerations come into play when selecting a business structure. The advantages of forming a corporation include limited liability protection for shareholders, perpetual existence, ease of transferability of ownership interests and access to capital through stock offerings. Corporations also have certain disadvantages such as double taxation (corporate income tax plus shareholder dividends), complex legal requirements and higher costs associated with formation and maintenance. The formation process for corporations varies from state to state but generally involves filing articles of incorporation with the state government.
The articles must include information about the corporation's name, purpose, address, number of shares authorized for issuance and names and addresses of directors. Once approved by the state government, corporations must comply with ongoing legal requirements such as holding annual meetings and filing annual reports. In conclusion, corporations are complex legal entities that offer many advantages but also come with certain responsibilities. It is important to understand all aspects before deciding whether this type of business structure is right for you.
