Archive for June, 2008

Business Entities and Raising Capital - What to Consider when You Incorporate Online

Tuesday, June 24th, 2008

The ability to raise capital is an important issue that you must consider as an entrepreneur. In fact, the decision of which type of entity to form when incorporating your business can be determined by this point alone in some cases. It is also vitally important to consider your cash flow needs to start out so you are able to grow your business later on.

There are basically two types of financing, debt and equity.

Debt financing is where you borrow money to be repaid over a period of time with interest. Full repayment is required within1 year or less for a short-term note and more than a year for long-term debt. Also, the lender does not gain any ownership in the company but may require a personal guarantee for the loan, especially for small businesses.

Equity financing is described as an exchange of money for ownership in the company, usually though common stock. This type of financing basically allows you to raise capital without incurring debt. The inherent disadvantage however is that by issuing stock in the company, your ownership interest is diluted and loss of control is possible.

When it comes time to incorporate your business, you’ll need to consider the different characteristics regarding raising capital associated with each type of business entity. The main point of difference is whether stock can be issued to the general public or not. Online incorporation services at MaxFilings provide an easy way to incorporate your business once you choose the type of entity you will be forming.

Only a C or S corporation can issue stock to the general public. Stocks can make it easier to raise investment capital and transfer ownership, and the ability to offer stock options can assist the company in recruiting and retaining good talent. All stock issued is subject to various state and federal securities laws.

A Limited Liability Company (LLC) cannot issue common stock to the general public, but the benefit of raising capital is replaced by the relative simplicity and ease of operating an LLC. Capital is generally raised through the companies’ partners and debt financing.

Both corporations and LLCs, however, must maintain the ratio between debt and equity financing at an acceptable rate. Too much or too little of each may make it more difficult to attract investors and obtain debt financing from a lender, who may question the ability of the note to be paid back.

In the end, this decision cannot be made lightly and must involve the counsel of an attorney and accountant. However, the two main points to consider in regard to raising capital boils down to growth needs of the company and the administrative requirements of a C corporation, S corporation, or LLC.

Doing Business in another State?

Tuesday, June 10th, 2008

If you will be conducting business outside your state of incorporation, you must apply for and receive foreign qualification from each state your business will operate in.

 

A new article, What is Foreign Qualification?, posted in the Knowledge Center at MaxFilings provides a good overview of the process of applying for foreign qualification.

 

The foreign qualification process involves paying filing fees and submitting the proper paperwork, which includes:  

 

  • A name availability search
  • Appointment of a registered agent
  • Certificate of Authority registration

Read the article for a good overview of foreign qualification and who needs it. It’s easy to file for foreign qualification online at MaxFilings.

Forming a New Business? Know the Insurance Basics

Wednesday, June 4th, 2008

Trying to figure out what to do for insurance with your newly formed corporation or LLC? MaxFilings has just published an overview of the three main types of insurance that small business owners need to be aware of here.

Even if you haven’t incorporated yet, be sure that your buisness has adequate insurance by consulting with a qualified buisness insurance professional. And be sure to keep in mind the added protection of limited liability provided by forming a corporation or LLC. You can learn more here: Should I Incorporate My Business?

If you’re ready to take this step, you can see costs to incorporate and then form your business easily at MaxFilings.com online incorporation service