Limited Liability Companies Archives

How Safe is Your Portfolio of Trade Secrets?

Friday, March 20th, 2009

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.

Choosing a Business Entity – Some Questions to Consider

Wednesday, February 11th, 2009

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.

Reasons to Consider Starting a Small Business in a Recession

Thursday, October 9th, 2008

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.

Business Incorporation Terms – A Handy Glossary

Wednesday, September 3rd, 2008

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!

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 .