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Class Action Lawsuits
In the 1970's the onslaught of Asbestos lawsuits began. The target of the class action lawsuits have been shipbuilders, manufacturers, mining companies and construction companies. Because many of these buildings/mines/ships still stand mesothelioma and of course mesothelioma class action lawsuits continue. Mesothelioma causes death so you would think that the reward should be substantial.
When you start a business, you have briefs of business law cases. You will have to choose whether it will be a sole proprietorship, partnership, corporation or limited liability company (LLC). There is no one choice that fits every business. The hardest job is to pick the form that best meets your needs. Don’t worry the choice you will be made is not definitive. You will be able to change the structure to adapt it to the need of your business. Your choice will depend on four core factors.
First factor to take into account is the extent of risks and liabilities. The right ownership structure for your business depends on the type of services or products it will provide. If your business will engage in risky activities you will definitely want to obtain liability insurance and form a business entity that provides personal liability protection, which protects your personal assets from business debts and claims. It means that you would rather set up a corporation or a limited liability company (LLC).
Second factor influencing your choice: formalities and expenses. Some structures are easy to set up and not costly like sole proprietorships and partnerships. On the other hand, structures like LLC and corporations are more expensive to create and more difficult to maintain. Business owners who are starting out on a very small scale often care most about spending as little money as possible on the legal structure of their business. So for business starters, it can make the most sense to form the simplest type of business. It depends on your business and its size.
Third you have to take into account the legal implication in terms of income taxes. On this aspect the different structures, except corporations, are however almost even. For a sole proprietorship, partnership, and LLC, all of the profits and losses pass through the business to the owners, who report their share of the profits (or deduct their share of the losses) on their personal income tax returns. In the case of corporation, income taxes are separate from physical identities.
At last your investment needs will influence your choice too. If you need to attract investment capital, the structure of corporation is the right one for your company. But for businesses that don't need to issue stock options and will never go public, forming a corporation probably is not worth the added expense.
More Articles :
Starting a Business: 6 Reasons to Hire an Attorney
What is a Limited Liability Company?
LLC: What are the Restrictions to the Limited Liability Clause?
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