An overview of the four basic legal forms of the organization: sole proprietorships; Partnerships; Companies and limited liability companies follow. Please also read this summary of the non-tax factors you should consider. What else must be met a The purchase agreement test b The limited partnership must meet certain legal requirements at the time of incorporation, and the offering of ownership rights in the limited partnership is subject to tax and securities laws. As a result, a limited partnership will be more complex and expensive to organize than a partnership. In their most basic form, these statements express facts and consist of concepts that owners are members, and the duration of the LLC is generally determined when the corporation`s documents are filed. The deadline may be extended, if desired, by a vote of the members at the time of expiry. LLCs must have no more than two of the four characteristics that define corporations: limited liability for asset size; continuity of life; centralization of management; and the free transferability of ownership shares. 17. All of the following are the most important strengths of a business, EXCEPT one of the first decisions you need to make as an entrepreneur is how the business should be structured. All companies must adopt a legal configuration that defines the rights and obligations of participants in the ownership, control, personal liability, life and financial structure of the company. This decision will have long-term effects, so you should consult an accountant and lawyer to help you choose the right form of ownership for you. All companies, regardless of their form, will bear certain organizational costs.
These costs may include developing a business plan, obtaining necessary licences and permits, conducting market research, purchasing equipment, obtaining legal advice and other costs. When choosing, you need to consider the following: The business is a formal and complex form of organization and can therefore be expensive to organize. The procedures and criteria for the incorporation of the company and its management shall be laid down by law. Prior consultation with legal counsel can help founders determine which approach is best for the business. For more information about incorporation, see the section of this guide titled Starting a Minnesota Trading Company. The process of removing concrete moulds from hardened concrete has stripping b 20. A “legal entity” that can sue and be sued, enter into and be involved in contracts, and acquire property in its own name is due to the complexity associated with incorporation, companies will often use more professional advisors, which increases costs. Other costs associated with incorporation include filing fees, which are higher for businesses, and costs associated with complying with tax regulations and preparing various government reports. If the company operates in other states, it usually needs to register to do business in those states, further increasing the cost and complexity of incorporation.
And if the company raises capital by selling securities, the associated compliance costs will be substantial. A general partnership is more complex to organize than a sole proprietorship, but involves fewer formalities and legal restrictions than a limited partnership, a joint-stock company or a limited liability company. The basic elements of company law are laid down by law, but most questions can be decided by agreement of the partners. A written partnership agreement is highly recommended, but is not required by law. The factors to be considered in a partnership agreement are listed in a later section of this manual. The partnership agreement does not have to be submitted to a government agency. Note that under the revised Uniform Partnership Act (RUPA) of 1997, Minnesota Statutes Chapter 323A, partnerships have the option to file certain declarations with the Secretary of State regarding the authority and responsibility of the partners, as well as the status of the partnership. The limited liability company combines partnership and company aspects. It can be expected to be similar to a business in terms of complexity and cost. As with a company, the procedures and criteria for the formation of a limited liability company are laid down by law. 6. Which of the following options is a career opportunity in managerial finance? In a partnership, two or more people share ownership of a single business.
As with property, the law does not distinguish between the business and its owners. Partners should have a legal agreement that specifies how decisions will be made, benefits will be shared, disputes will be resolved, how future partners will be included in the partnership, how partners can be purchased or what steps will be taken to dissolve the partnership if necessary. 5. Career opportunities in financial services include all of the following EXCEPT A company licensed by the state in which it has its registered office is legally considered a single, separate and distinct entity from those who own it. A corporation may be taxed; it may be prosecuted; it may make contractual arrangements. The owners of a company are the shareholders. Shareholders elect a board of directors that oversees key policies and decisions. The business has a life of its own and does not dissolve when the owner changes. 7. Which of the following legal forms is the most expensive to organize? In most cases, taxed as a partnership; Business forms should be used if there are more than 2 of the 4 business characteristics, as described above. You create the users listed in the following table, which users have the 19. The predominant form of organization in terms of income and net profits is which of the following payroll taxes is borne exclusively by the employer? Life As is the case with Minnesota corporations, the organizers of a limited liability company may agree that the company will be subject to the provisions of Minnesota regulations.
In this case, standard forms of organizational elements can be used to organize the business. There is very little case law to guide organizational and operational decisions, although limited liability company law is modelled on commercial company law. For this reason, owners of a limited liability company may often need to consult with their professional advisors, which increases their costs. LLC is a relatively new type of hybrid business structure that is licensed in most states today. It is designed to provide the limited liability characteristics of a corporation as well as the tax efficiency and operational flexibility of a partnership. The formation is more complex and formal than that of a partnership. The sole proprietorship is the simplest and most profitable form of organization of the foundation. There are no legal requirements specific to this form of organization. From a regulatory perspective, the business owner only needs to obtain the necessary business licenses and tax identification numbers, register the business name, and start operations. Many people start their business as sole proprietorships. If the business expands or other owners are needed for financial or other reasons, a partnership or corporation may be formed.
Under Treasury regulations, which deal with the federal tax classification of companies, organizers of a limited liability company in Minnesota have some flexibility in choosing their company`s tax status. Professional advice in this area is highly recommended.