Choice of Entity

News & Analysis as of

Tax-Exempt Parent Companies with For-Profit Subsidiaries

Recently, tax-exempt organizations have inquired whether it was legally permissible to establish a for-profit subsidiary to perform profitable work developed by the non-profit parent. ...more

Guide To Doing Business in Australia: Company Law (Updated)

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition of...more

New Irish Companies Act 2014 Brings Changes to Private Irish Companies in June 2015

On 1 June 2015, Ireland’s new Companies Act 2014 (Act) will come into effect. The Act repeals and consolidates a total of 32 existing enactments relating to Irish company law into a single statute. It represents the largest...more

Locke Lord QuickStudy: The Broader Lesson of the El Paso Pipeline Decision

Alternative entities, such as limited partnerships and limited liability companies, have an advantage over corporations because of the greater flexibility to define the terms of the arrangement by contract. ...more

Is the New Idaho Benefit Corporation Act Right for Your Company?

Idaho recently joined the ranks of the District of Columbia and 26 other states that have passed benefit corporation legislation. The Idaho Benefit Corporation Act, S.B. 1076, becomes effective July 1, 2015, and provides new...more

Budding Family Business Entrepreneur? Top Three Legal Tips You Need to Know

A recent New Tech Seattle event at the Seattle Center brought together a group of interesting budding entrepreneurs. Discussions with several people led to the realization that many of them are facing the same basic legal...more

Locke Lord QuickStudy: Choice of Entity Considerations

Starting a business can be a daunting but rewarding challenge. One of the key decisions at the early stages of a new business is how to structure your business – i.e., what legal entity to form in order to carry on your...more

Top 12 Legal Mistakes Made by Startup Breweries and Distilleries

Undertaking any entrepreneurial endeavor can be a daunting task. It can get very complicated when doing so in a highly regulated environment, such as the one that governs the manufacture and sale of alcohol related products....more

(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very...more

Business Entity Alphabet Soup – GP, LP, JV, LLC, C, S, QSSS – What do they mean?

As government contractors, the business universe is likely filled with familiar acronyms. However, one may not be as familiar with the meaning behind the alphabet letters that comprise the different business entities in the...more

Making The Right Choice For Your Business Entity

It has been said that plans are nothing, but planning is everything. Nowhere is this truer than in selecting the most appropriate legal entity for your new business....more

Business Court (In Judge McGuire's First Opinion) Outlines The "Indispensable Requirements" For The Formation Of A Partnership

Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia...more

Doing Business in the United States

In This Book: - Choice Of A Business Entity - Introduction To Federal Securities Laws - From Let’s Go Shopping To Closing: M&A Process In The United States - Employment Considerations -...more

Guide To Doing Business in New Zealand: Major Forms of Business Organisation

A foreign company or investor proposing to establish a business in New Zealand may choose from a number of different entities or forms of business organisation. Each of these forms has its advantages and disadvantages....more

Funding a Partnership

One of the primary advantages of a partnership (or limited liability company) over a corporation is the flexibility to structure the business deal. Rather than having to deal with unwieldy units of stock or other ownership...more

Is Franchising The Right Model For Your Business?

Franchising is a flexible, tried and true method of distributing products and services and offers business owners an alternative avenue to expand their already successful businesses. One immediately thinks of McDonalds or...more

An Ounce of Prevention in Health Care — The Importance of Periodic Corporate Audits

Most, if not all, health care providers operate their businesses in an entity form, such as a corporation or limited liability company (LLC). Many use multiple entities—for example, one entity to own the real estate (or a...more

Is The LLC A Party To Its Own Operating Agreement?

Is an LLC a party to its own operating agreement? California’s new Revised Uniform Limited Liability Company Act (RULLCA) defines “operating agreement” as “the agreement, whether or not referred to as an operating...more

Legal Considerations for Web-Based Start-Ups  [Video]

Evridiki (Vicki) Dallas covers issues related to: - Choice of legal entity; Founder’s Shares and agreements; Stock Option Plans - Trademark/Copyright/URL and other IP Concerns - Data Privacy - Website...more

Guide to Doing Business in Australia: An Introduction to Australia

AN INTRODUCTION TO AUSTRALIA - Australia is a federation comprised of six states and two territories. The federal government, based in the capital city of Canberra, is known as the Commonwealth of Australia. Australia...more

Connecticut's Passage of Its Benefit Corporations and Social Enterprise Statute

Over the last few years, the phenomenon of corporations existing for the purpose of accomplishing a social good rather than only for maximizing profits for shareholders has taken root. The Connecticut General Assembly...more

Are You My Partner? Considerations for Structuring Business Transactions

When entering into a business arrangement where revenues are shared between two or more persons, it is necessary to consider whether those parties have become partners either for state law or tax purposes. No express intent...more

S Corporations: The Basics

An S Corporation is the same as any other corporation except for the manner in which it is taxed. S Corporations generally do not pay federal income tax but pass the tax liability for their profits through to their...more

Limited Liability Companies (LLC): The Basics

The limited liability company (LLC) is a form of business organization which in recent years has rapidly gained popularity in the United States. A properly structured LLC offers its owners (referred to as “members”) the...more

Choosing the Correct Business Entity: The Basics

By carefully considering the forms of business entity that are available and then intelligently choosing an appropriate one, you can reduce exposure to liabilities, save taxes and launch the business in a form capable of...more

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