Importance of Business Incorporation
Businesses form the backbone of any country’s economy. Countries create various legislations to promote investment and create employment for its citizens. When forming businesses, there are various procedures involved that investors must follow in order to have their business conform to the pre-set structure of the country.
Types of Business Structures
Before establishing a business, you must first decide on the type of business entity they wish to establish. The type of business you wish to establish determines how the government categorizes it and the level of liability and taxes prescribed. Investors can choose from several business structures. These include:
• Sole Proprietorship: In this structure, one individual owns and operate the business. This sole individual accepts all liabilities, debts and obligations incurred by the company.
• Partnership: This is a business owned or managed by two or more individuals. Both individuals bear evenly all liabilities and obligations of the company.
• Corporation: This is an organization that is owned by shareholders. They appoint a management team to operate and manage the daily functions of the organization.
• S Corporation: This is a special format of business established through the tax election system. The design of this structure ensures shareholders do not incur double taxation.
• Limited Liability Company (LLC): This business structure provides limited liability protection to the principals of the organization.
• Non-Profit: These are organization engaged in public service. To maintain this status, these organizations cannot post profits to their principals. These organizations enjoy may tax exemptions from the government.
• Cooperative: These are organizations created by individuals and operate to serve the interest of these individuals.
Incorporating a Business
The incorporation of a business is a simple process. However, each type of business structure has specific forms and criteria to which they must conform. These include meeting the requirements of the IRS, making yearly declarations of income and expenditure and producing minutes of yearly board meetings. Applications are made to the state’s secretary of state and the company upon approval is awarded a certificate of incorporation.
After making the decision to incorporate, there are a few steps that must be taken to start a non- profit organization. Here is a brief list of what must be done.
A non-profit is an organization whose primary objective is to support some issue or matter of private interest or public concern for non-commercial purposes. There are different types of non-profits. Some are exempt from income and/or property tax, and are able to receive tax-deductible charitable contributions.
To start a non-profit organization, you must really clarify what the purpose of the nonprofit is, or determine its mission. The mission is all about providing a specific service or task and meeting a need in the community. This statement describes the overall purpose of the organization. This needs to be descriptive and clear. The mission statement should be refined so that all key stakeholders have a complete understanding of the organization’s goals. It addresses the question “Why does the organization exist?” If it is primarily to meet a public service or need in your community, then starting a nonprofit is a good idea. Consider at least these specific aspects for the mission statement. First, the primary benefits and services to clients, second, the groups of who will benefit from those services and third, the values that will guide how the nonprofit will operate.
Each state has regulations that determine the size of the board. There are usually three members, but the optimum number of people who sit on the board should be determined by the needs of the organization. Depending on what your organization’s mission is, you should decide what skills and qualities you will require of the individuals on your board.
Articles of Incorporation are official statements of creation of an organization filed with the appropriate state agency. They are necessary to protect both board and staff from legal liabilities, making the corporation the holder of debts and liabilities, not the individuals who work for the organization.
Bylaws are simply the “rules” of how the organization operates. Bylaws should be drafted with the help of an attorney and approved by the board early in the organization’s development.
A budget is often a challenging task for a non-profit organization. A budget is the financial plan of operation. New organizations may start the budgeting process by looking at potential income to figure out how much money they have to spend.
Legally, you must save all Board documents including financial statements. You should save all important corporate documents, such as board meeting minutes, bylaws, Articles of Incorporation, financial reports, and other official records.
It is better to have an accountant on your board, but if that is not possible, it is best to work with an accountant familiar with non-profit organizations. Non-profit groups are accountable to the public, their funders, and government granting bodies.
Whether the non-profit has employees or not, non-profits are required to obtain a federal Employer Identification Number (EIN). This number is used to identify the organization when tax documents are filed and is used like an individual’s Social Security number.
You may apply for exemption from income, sales, and property taxes.
If your organization’s plans include fundraising, be aware that many states and few local jurisdictions regulate organizations that solicit funds within that state. Usually you would need to obtain a permit or license and file an annual report and financial statement.
The federal government allows non- profits to have reduced postage rates on bulk mailings. This is one of the benefits to incorporating a non-profit.
Why to incorporate is always the biggest question for a new business owner. The reasons are simple. If one incorporates a new business, personal assets will be separated and not affected by the business. Liability is also limited to the business owner, meaning creditors of your corporation must satisfy their claims by seizing the assets of the corporation rather than your personal assets. Other benefits of incorporation can include tax deductions for health insurance or medical expenses, and a savings on social security tax and Medicare tax.
Forming a corporation or LLC is not a difficult process. It can be accomplished quickly and efficiently by a professional incorporating service and even done online. The incorporation service will investigate the availability of your proposed corporate name, reserve it for you and handle all paperwork needed.
A certificate of incorporation is what some states issue to your company as evidence you’re your business is a valid corporation and meets state incorporation requirements. Some states call the certificate of incorporation, articles of incorporation, but that is also the document that you file to incorporate your business.
You do not need an attorney for incorporation. Most services are knowledgeable in the legal aspects of incorporation and limited liability company (LLC). Although, should you choose to have an attorney, one can provide you with advice as your business grows, so a legal advisor is always recommended.
It is recommended that you incorporate in the state where your office is physically located. If you incorporate in another, you may need to submit an application to qualify as a foreign corporation. This is often more of a hassle then it is worth and is not suggested.
An assumed name is also called a fictitious name and is a characteristic of some state corporation laws in which a corporation can operate under more than one name. This is a convenient tool for a small business owner who sells different products but does not wish to have several corporations.
The IRS classifies corporations according to how they want to be taxed. There are two types of corporations according to the IRS: “C” corporations, named after Subchapter C of the tax code, or “S” corporations, named after Subchapter S of the tax code. C corporations have their own tax identification number and pay their own taxes.
S corporations are the opposite of C corporations. S corporations are sometimes called small business corporations and are taxed like a partnership, as if they were not a corporation. An S corporation passes through its losses to the shareholder’s personal tax return, and is not liable for Federal income taxes itself. The shareholders of an S corporation will pay personal income taxes based on the income of the S corporation. The S corporation shareholders will be able to personally enjoy any losses the corporation may have.
An LLC or Limited Liability Company is an incorporation that provides limited liability to its company owner. It is an entity that was mixed to have certain characteristics of both a corporation and a partnership. It is a more flexible option for incorporation and mostly benefits a company with a single owner.
An LLC is a great option for incorporation because of its benefits. It seems that with a recession looming over our heads, the public is unsure about what to do to make a living and keep themselves afloat. With average layoff percentages at an all time high, a lot of people have made the decision to start their own business and be their own boss. This is a great time to form your own LLC.
Due to the recession, many companies are now downsizing. That also opens the door to more contract work. Jobs like these are becoming more common. People will take what they must to get by. To do this people are often working more or working longer hours. This means that people will need more things or services for everyday living. Take a look at what people need or seek in their lives. These are good opportunities to take advantage of these needs and begin a business that is sure to be a success. People always need basics such as food, heat, electricity and other such things that are essentials. Businesses can be formed out of these needs to provide the services that people are looking for. Another upside is that the cost of almost everything you need to run your business is very low. It will cost much less to start up now during times of hardships than it will when times are better.