Incorporating your businesses is the process of converting a business into a corporation. Incorporating your business means that your business is now finally a separate individual in the context of the governing laws of the land. After successfully incorporating your business, you will be allowed to use the corporate qualifier Inc. after the name of your company.
Here are some of the reasons why you should consider incorporating your business.
1. The most important benefit of incorporating your business is that your personal assets are now separate as your business is now a separate entity for the law. This means your business is responsible for its own debts and credits. Unlike the sole proprietorship, you will not be personally held responsible for any loans taken by the company, nor will you remain personally liable for any illicit activity going on in your company's name.
2. By incorporating your business, you can easily sell it or transfer to any other person without a lot of paperwork and other bureaucratic complexities. If you are incorporating your business in the state of Delaware, you will not be needed to do any filing of change of ownership.
3. After incorporating your business, you are now eligible to get retirement pensions and other benefits from your company as required by the federal and state laws.
4. The fourth and the most lucrative reason for incorporating your business are taxes. Both the federal and state taxes levied over businesses in the U.S. are much lower than those which are levied from the individual. After incorporating your business, you also become able to buy shares of other companies and what's more you even get up to 80% discounts on earning from the share dividends.
5. The most favorable reason of incorporating your business is that now your business can raise money by getting listed in stock exchanges. After incorporating your business and ensuring compliance to the Sarbanes Oxley Act, you become eligible to release an IPO and raise money by selling company stock.
6. The sixth reason for incorporating your business is that now your business will not be getting into legal complexities in case you die. Nor will it have to go through a probate before your heirs can take charge of its assets. Thanks to the decision of incorporating your business, your company is not a property of anyone, rather it is an enduring entity which can hold property in its own name.
Above all these reasons, the most important reason for incorporating your business is that it will boost the credit rating of the company. Because the company is now a separate entity for the law of the land, it will now be holding its own history of credit.
How To Incorporate Business
A common question among people starting a business whether or not they should incorporate. Incorporation means that your company is a separate legal and financial entity from yourself. Legally a corporation is treated as a citizen. It even has its own social security number for tax purposes, called a Federal Tax ID.
Most people incorporate to limit their personal liability so that they shield their personal assets. For instance, if your incorporated business was sued and found liable for damages, the winner could not take your personal car or home. Furthermore, incorporating creates a more professional image, and often helps with your taxes. If you plan to receive outside investment to grow your business corporation is the way to go. Incorporation protects you in many regards, but it does not protect you from any criminal charges by you or the corporation. You can't hide behind your corporation to commit illegal acts and expect to be free from liability.
By investing cash or other property in your corporation you become an owner of an interest. In exchange for your personal investment you are issued stock in the corporation. A person with that ownership interest is called a stockholder or shareholder. Once you become a shareholder your liability is normally limited to the value of the cash or other property you have contributed to the corporation in exchange for stock.
As a general rule, the shareholder's assets not invested in the corporation are safe from the corporation's creditors. A shareholder may become personally liable for corporate debts if the corporation is not formed in compliance with or it operates in violation of applicable statutes, or if the corporation is functioning as a mere front for its shareholders rather than for corporate purposes. In other words, if you are simply creating a corporation to avoid liability, may become personally liable.
Under certain circumstances, corporate officers may be held personally liable for the corporation's failure to pay state and federal income tax withholdings. Additionally, a shareholder may be required to personally guarantee a loan of the corporation in order to satisfy a lender. If a shareholder does so, his liability is no longer limited to the value of his investment in the corporation.
The business affairs of your corporation are managed by the board of directors and officers. The directors are elected by the shareholders. For this reason, while shareholders have the ultimate control of a corporation because of their stock ownership, the every day management lies with the board of directors through its officers. In small corporations the shareholders, directors and officers are often the same persons.
Both Nelson Taylor & George Meszaros are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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