Online Incorporation MaxBlog

Once you easily form a LLC online with MaxFilings.com, you need to develop a formal written operating agreement between each of the partners in the company. Even if you’re a one man show, an operating agreement helps codify your limited liability.

But especially in multi-partner firms, the operating agreement can help reduce or eliminate future misunderstandings and disputes by pre-addressing management and money issues.

Corporations have specific rules from the state of incorporation – limited liability companies on the other hand have much more flexibility in their management, etc. This is why an operating agreement is important, even if your state doesn’t require you have one.

So what should I include in my LLC operating agreement? Some of the issues an operating agreement should address include:

• Ownership percentages
• Management
• Voting
• Allocation of profits and losses
• Distributions
• Rights and responsibilities of LLC members
• Ownership changes
• Amendments and dissolution

These are just a few of the general things your LLC operating agreement needs to address. We invite you to read the article LLC Operating Agreement – What Should Be Included in MaxFilings’ online incorporation knowledge center to learn more.

Looking for some simple explanation of federal small business taxes? Click over to the online incorporation knowledge center at MaxFilings.com for an overview of the next most certain thing in life next to death.

Federal taxes a small business may be subject to depend a lot on its structure (i.e. C corporation, S corporation, LLC, etc.) along with many other factors.

Four different types of taxes a small business could be exposed to include

1. Income taxes – required for all individuals and businesses (except partnerships, who file an informational return).
2. Self-Employment taxes – primarily affects the self-employed
3. Employment taxes – small businesses with employees
4. Excise taxes – required depending on various conditions, usually for businesses who manufacture certain things or are in a certain industry.

Read Four Types of Federal Taxes Small Businesses Should Know About – And Where to Find Information from the IRS today in the business incorporation knowledge center at MaxFilings.com for more insight and links to further information about this complex subject.

When forming a corporation, you want to have all the knowledge you can to make the right decisions…but finding the right ones that will be helpful can be very time consuming.

An article in Entrepreneur Magazine’s April, 2009 issues – Best Resources for Startups – lists 4 resources every aspiring entrepreneur, and even those who are well established, should be familiar with.

1. SCORE – A nonprofit organization with over 400 chapters that provides free mentoring online and in-person. Consists of nearly 12,000 working and retired entrepreneurs and business people.

2. Small Business Development Centers – Located across the country and usually connected to a university, these organizations provide consulting for just about any facet of managing a small business.

3. Small Business Administration – Federal government agency that provides an array tools to help new and aspiring entrepreneurs succeed. It’s recommended you start with their Start-up Assessment Tool to help find the right resources.

4. U.S. Chamber of Commerce Small Business Center – An arm of the U.S. Chamber of Commerce that provides comprehensive assistance for startups through web-based tools and resources.

These are just a few of the many resources out there…but, they’re most likely the most reliable for accuracy and impartiality.

In addition to these, online incorporation service MaxFilings.com has an expansive online incorporation knowledge center that has many helpful articles that make sense of incorporating a business– check it out and then use MaxFilings’ online system and form your corporation in just minutes.

Last Friday, President Obama extolled that there are “glimmers of hope” in the U.S. economy for recovery, which has been experiencing the deepest recession in a generation.

Dennis Romero over at the Entrepreneur.com Daily Dose blog has a great summary of the president’s remarks at the White House.

Since March, the Small Business Administration’s popular small business loan program has expanded by 20% when the administration announced stronger loan guarantees for credit administered through the SBA.

The President commented to reporters at the White House, “We feel very good about the progress that we’re making in unlocking lending in some particular markets, for example the small business area.”

He went on to say regarding the 20% increase in small business lending, “And what that means is that small businesses are starting to get money that allows them to keep their doors open, make payroll, and that is going to contribute to our overall economic growth, as well as help make sure that people are able to keep their jobs.

Additionally, home refinancing has shown signs of improvement, which is helping stabilize the sector of the economy that’s at the heart of the recession.

In light of this, now may be the time to incorporate online – check out our post from last October detailing Reasons to Consider Starting a Small Business in a Recession.

But first, you have to identify what your trade secrets are in order to figure how safe they are and how to protect them.

Entrepreneurs who incorporate a small business online do not pay much attention a lot of the time to this necessary process – especially overlooking intangible assets that, understandbly so, may seem to not have much value but in the end can be exploited by competitors and ex-employees to their advantage.

A trade secret is secret information that can be considered intellectual capital and thus, protected under the law. Basically, any method, formula, device, process or any other information that is generally unknown and kept secret and gives a business a competitive edge qualifies as a trade secret.

Unfortunately, many business owners do not realize the value of these trade secrets until it’s too late and its use to their disadvantage by a competitor

The point is clear – small business owners need to recognize the value of their intangible assets  and take the steps to adequately protect trade secrets and prevent their unauthorized use as soon as possible.

Every business owner chooses the business entity they operate under.

Most small businesses just start out, making sales, profits and etc. as a proprietorship. However, they can be held personally liable in these situations so simply selecting your business entity this way is unwise.

So which is best? A Limited Liability Company (LLC), C corporation, S corporation or partnership? We can’t answer that here, but you can find questions you should consider when evaluating your options in “Choosing a Business Entity – Some Questions to Consider” in the online incorporation Knowledge Center.

You will address questions about yourself, your business, the cost of starting the business and where you are seeking funding. For instance, if you will have outside investors, a corporation may be the way to go.

With these questions, you can review a Basic Comparison of Business Entities for a quick comparison of each entity’s characteristics along with the more in-depth Overview of Business Entities.

Of course, when you are ready to incorporate your business online, MaxFilings is here to help you navigate the legal requirements in all 50 states.

The idea of starting your business during these uncertain economic times may be a non starter for most. You shouldn’t let bad economic times deter you from making that leap, especially if you have a stellar idea. Now may be the best time to incorporate or form an LLC online according to Heleigh Bostwick for the following reasons.

First is the idea, which can be difficult during a recession. One way to consider this is do you have an idea that answers needs for people during an economic downturn? Everyone is looking for ways to get the most of their hard-earned dollars, especially these days. A business that can help folks in that effort would be very valuable.

The next criterion is credit, which is tightening due to the ongoing financial crisis in the U.S. Nevertheless, having low or no balances on your credit cards and an excellent credit rating can be a tremendous plus, allowing you to negotiate good terms for loans and business credit cards.

Continuing on the credit theme, possessing good negotiating skills is a must have in this environment, and even more critical if your credit is less than perfect. Being a good negotiator and providing the bank with a strong marketing plan can be a big help in obtaining favorable loan terms.

Beyond the idea for your small business and financing, managing money is very important. Getting by on a shoestring budget is good practice anyway but a big plus when incorporating a business. And being disciplined and avoiding impulsive decisions is especially important in this current environment.

In the final analysis, if you’re ready to incorporate your business, don’t let the recession stop you. Many of today’s successful companies such as Hewlett-Packard (1934) and Adobe Systems (1982) got their start during major economic hardship in the U.S.

Ever browse through online incorporation articles and blogs and get confused by all of the terms they use? Maintaining focus on your business is difficult enough so having to decipher what a particular word means can be a major headache.

This is one of the main reasons why MaxFilings maintains a handy list of business incorporation terms. In addition to providing online incorporation services across the nation, the business terms list provides concise explanation of many common phrases such as apostille, liquidity, quorum, and so on.

The glossary of business terms is a small but very helpful part of the Knowledge Center at MaxFilings, an extensive resource for small business incorporation.

So the next time you want to briefly know what “pass-through taxation” means, use the glossary of business terms as your first source!

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 .

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.