File Name: companies and other business structures .zip
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Looking for the best tips, tricks, and guides to help you accelerate your business? Use our research library below to get actionable, first-hand advice. This article highlights some of the benefits and limitations of the most common types of business structures to help you weigh your options and make an informed choice. We may receive compensation from partners and advertisers whose products appear here. Compensation may impact where products are placed on our site, but editorial opinions, scores, and reviews are independent from, and never influenced by, any advertiser or partner.
The main considerations when choosing a structure for your business are simplicity, liability, control, financing, and taxes. The most common forms of business ownership are sole proprietorship, partnership, limited liability partnership, limited liability company LLC , series LLC, and corporations, which can be taxed as C corporations or S corporations.
In addition, social entrepreneurs can choose from nonprofit corporations as well as benefit corporations and low-profit limited liability companies L3Cs. States provide different business structures with unique requirements and privileges. This is not a simple decision, however, so you would want to do your research and talk to legal and financial advisors before making that call. It is the simplest form of business ownership, and the structure of choice for four out of five small business owners with no employees.
Partnerships, often called general partnerships , are businesses with more than one owner. If you team up on a business venture without forming a legal business entity through the state, your business is a partnership by default. Partnerships are usually founded on formal partnership agreements outlining the ownership share, rights, and obligations of each partner.
An LLP is a legal entity available in some states to provide the simplicity and pass-through taxation of a partnership while limiting liability for the partners. In addition to a formal operating agreement among partners, LLPs generally require registration with the secretary of state. Where available, they are a popular type of business entity with professionals such as doctors, lawyers, accountants, architects, and engineers. You can explore business ownership types and requirements in any state by visiting the secretary of state website.
An LLC is a legal entity formed by creating an LLC operating agreement and filing articles of organization with the secretary of state.
LLCs allow business owners to retain some of the advantages of sole proprietorship while limiting legal and financial liability, making them a popular business ownership structure for small businesses. When evaluating the advantages of sole proprietorship vs LLC , be sure to weigh all the pluses and minuses.
Currently available in 18 states and counting, series LLCs are an up-and-coming type of business ownership structure. These nested LLCs can be used to isolate liability for different business units. Series LLCs are complex, but worth discussing with your advisors if your business has distinct units that might benefit from individual treatment.
A corporation is owned by shareholders who may have varying levels of control and involvement in the everyday operations of the business. In the case of stock corporations, ownership is issued in shares of stock.
A corporation is formed by filing articles of incorporation with the state. The process of incorporation includes appointing a board of directors to oversee the business and establishing bylaws for its governance.
With governance managed through a board of directors and ownership distributed among shareholders, corporations represent a further degree of separation between the business entity and its owners. Unlike sole proprietorships, partnerships, and LLCs, C corporations are not pass-through entities.
Profits belong to the corporation and are subject to corporate income tax. They may also be distributed through dividends to shareholders.
With their formal governance and ownership structures, corporations can sustain any level of growth. Generally, the structure becomes advantageous as a business grows larger.
Some of the advantages include the following:. Some corporations can enjoy the benefits of pass-through taxation by electing to be taxed as an S corporation. To qualify, the corporation may not have more than shareholders and may issue only one class of stock. Only individuals, certain estates and trusts, and certain tax-exempt organizations may own shares in an S corporation. An S corporation is formed through the same steps as a C corporation, with an additional election made through a filing with the Internal Revenue Service.
Most nonprofits are formed as corporations that apply for tax-exempt status under Section c of the IRC. Their entity formation process is the same as that of other corporations, with articles of incorporation filed with the secretary of state, a board of directors, and bylaws for governance.
Nonprofits may be formed solely for the tax-exempt purposes specified in Section c , however, and they are subject to specific regulatory requirements in each state. Contrary to popular belief, nonprofits can and should generate profits.
The difference between a nonprofit entity and a for-profit entity is how those profits are invested. Benefit corporations are corporations formed to serve a public benefit in addition to the usual corporate mission of earning profits.
They are structured like other corporations with a board of directors and bylaws, yet the board is responsible for measuring and reporting on its social impact as well its financial performance. Benefit corporations are an increasingly popular structure for entrepreneurs who want to do good while doing business.
L3C is a relatively rare business type that combines the legal structure of an LLC with the charitable mission of a nonprofit. An L3C can distribute modest profits to its members, yet this must always be secondary to the primary purpose of furthering a charitable mission. That plan ran into some hurdles with the IRS, however, and the L3C structure has not been widely adopted as a result. As you can see, every business structure poses different benefits and limitations.
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We may receive compensation from some partners and advertisers whose products appear here. Compensation may impact where products are placed on our site, but editorial opinions, scores, and reviews are independent from the advertising side of The Blueprint and our objectivity is an integral part of who we are. Our commitment to you is complete honesty: we will never allow advertisers to influence our opinion of products that appear on this site. AccountEdge Pro has all the accounting features a growing business needs, combining the reliability of a desktop application with the flexibility of a mobile app for those needing on-the-go access. Zoho Recruit combines a robust feature set with an intuitive user interface and affordable pricing to speed up and simplify the recruitment process. The BlueVine Business Checking account is an innovative small business bank account that could be a great choice for today's small businesses. Weebly continues to attract and keep loyal users thanks to its user-friendly design and constant upgrades.
Because on this site available Companies & Other Business Structures 3e PDF Download in PDF format, Kindle, Ebook, ePub and Mobi. For those of you who.
Companies and other Business Structures in South Africa , fourth edition, offers a clear and practical introduction to the law relating to companies, close corporations, business trusts, partnerships and financial markets. The fourth edition is comprehensively revised and updated to address the extensive development of common law jurisprudence that has emerged in the recent period. In particular, the text succinctly analyses the complex body of case law developments within the spheres of corporate governance, insider trading and business rescue, and provides a chapter that addresses the winding up and deregistration of companies.
It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. LLCs are well known for the flexibility that they provide to business owners; depending on the situation, an LLC may elect to use corporate tax rules instead of being treated as a partnership,  and, under certain circumstances, LLCs may be organized as not-for-profit. An LLC is a hybrid legal entity having certain characteristics of both a corporation and a partnership or sole proprietorship depending on how many owners there are. An LLC is a type of unincorporated association distinct from a corporation. The primary characteristic an LLC shares with a corporation is limited liability , and the primary characteristic it shares with a partnership is the availability of pass-through income taxation.
Product and service reviews are conducted independently by our editorial team, but we sometimes make money when you click on links. Learn more. As your business grows, you can change your legal structure to meet your business's new needs.
Companies and other Business Structures in South Africa, fourth edition, offers a clear and practical introduction to the law relating to companies, close corporations, business trusts, partnerships and financial markets. The fourth edition is comprehensively revised and updated to offer deeper explanation and analysis, and to address the recent developments in the field. MBA MCom. BCom Financial Accounting. Staff recommendations. R
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Companies and other Business Structures in South Africa , third edition, offers a clear and practical introduction to the law relating to companies, close corporations, business trusts, partnerships and financial markets. The third edition is comprehensively revised and updated to offer deeper explanation and analysis, and to address the recent developments in the field: The text discusses recent cases in which the Companies Act 71 of has been applied, analysing the insights and common law developments which arise from these cases; An entirely new chapter on corporate finance addresses the subject matter in a multifaceted way, bringing together legal, accounting and management accounting perspectives; The text now provides a new chapter which addresses the winding up and deregistration of companies; Following the repeal of the Securities Services Act 36 of , the text offers comprehensive guidance relating to the recently promulgated Financial Markets Ac t 19 of 2 0 12, and discusses the impact of this new legislation within the context of insider trading and financial markets. The text offers a clear pedagogical structure, which includes a comprehensive glossary of terms.
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