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Back to the Mentor's Index |
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In this section we post questions from members
and responses from The Mentor. |
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Can
you help me out? I am trying to understand the difference between a Sole
Proprietorship, an LLC, an LLP, an S Corporation and a C Corporation. How
should I set up my business? |
This is quite a complicated topic. I will attempt to
give you a simple overview. You will need to talk to your lawyer as well as
your accountant in order to determine "how you shouls set up your business.
The simplest organizational structure is the sole proprietorship. The only
paperwork required is completion of a "DBA" form in the town you will be doing
business in. You are allowed by law to use your own name in the company name
even if there are other companies with the same name (not that I would
recommend this). The LLC and LLP stand for limited liability
corporation and limited liability partnership respectively. They are fairly new
organization structures that have been set up in some states and not in others.
As a very simple overview, they offer some of the liability protection of a
full corporation without all of the paperwork. My recommendation for these
structures is to look closely at the "less paperwork" promise which appears a
bit hollow to me at least in Massachusetts. The C Corp and the S Corp
are fully incorporated entities that offer the maximum liability protection but
do require extensive paperwork and fees. They are very good ideas if liability
is a major concern. In addition, "Inc." after your company name is an added
signal of permanency and professionalism if one feels that is important. "C"
and "S" differ in their corporate structures. As mentioned earlier,
the details behind each of these entities are quite complicated. I would
suggest that you do some reading on the subject as then discuss them with your
lawyer and accountant. As an estimate my guess is that 70% of SPC members are
sole practitioners while the remainder have chosen to Incorporate.
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