Non-Profits, Corporations & LLCs, Oh My!

Posted by American Ltd on Aug 4, 2015 8:30:00 AM

What's the Right Choice For My Business?

which entity type  do I choose? question non-profit corporation llc

The primary entity types available in the United States are Corporations, Limited Liability Companies and Non-Profits. Corporations issue shares of stock to owners and are run by officers and directors. Limited Liability Companies (LLCs) are owned by members and can be run by the members or appointed managers. Non-profit organizations offer similar limited liability protections to corporations and LLCs, but have the added benefit of tax free existence as defined under section 501(c)(3) of the IRS Code. How do you know which entity type to choose? A lot of factors go into deciding which entity type is best for you.  These include legal liability, tax implications, costs and future needs.  This is an important decision and should be done after consulting a trusted accountant or attorney.  

 

Comparing Entity Types:

 

  C Corporations   S Corporations   LLCs         Non-Profits
Liability of Owners

Limited, even if shareholders participate in management

Limited, even if shareholders participate in management Limited, even if shareholders participate in management  Unlimited
Number of Owners No maximum Maximum 100 (as of 2005) No maximum, minimum of at least 2 One
Profit/Loss & Distributions Special allocations permitted separate classes of stock  No special allocations permitted Special allocations permitted N/A
Transferability of Interests No restrictions No restrictions, but must be eligible shareholder of "S" status terminates Restricted, typically requires approval of majority of members N/A
Federal Income Tax Maximum 35% on Corporation, plus tax on dividends to shareholders No corporate tax unless previously a C corporation None at LLC level Taxed on individual return

 

Find the answers to all of your major incorporation questions in our new eBook

New Call-to-action

subscribe to blog

 

The 3 Basics for First Time Incorporators

Posted by American Ltd on Jul 28, 2015 8:30:00 AM

What You Need to Know Upfront

incorporation basics questions answers These three questions always come first when beginning the incorporation process. Whether you are a new or experienced entrepreneur, incorporating is a major step in your business' future. The process can seem intimidating, but after consulting your attorney or accountant to determine the best entity and state of formation for your business venture read these three basics.

What do I have to do to incorporate?

Once you have decided on your entity type and state of formation, incorporating your new business is simple. Contact an incorporation provider like American Incorporators who has years of experience filing paperwork in all 50 states as well as the District of Colombia and Puerto Rico. They will walk you through a series of questions necessary to file the documents.  You need to know who will be listed as initial members or directors, as well as who will act as the registered agent for the company.  You will also need to explain the general purpose of your business.  If you are forming a corporation you will be asked about shares of stock and officers.

If you are ready with this information the entire process should only take 10-15 minutes. However, if you have questions our specialists are happy to take the time to walk you through every step.

Once the order is placed, documents will be filed with the state the same day and you should get your paperwork back in 2-10 business days depending on the state of formation. 

How much does it cost?

Prices for incorporation vary significantly depending on the state and services you are looking for. Click here for more info. Make sure to ask about hidden fees as you explore your options. You will have to pay state fees as well as service fees depending on who you use to form your company. Other items that can add to your costs are add-ons and registered agent service. Be sure to read the fine print in order to see what is included in the initial cost and what will be an additional cost after formation. 

How long does it take?

This really depends on where and how you form your company. In Delaware, businesses are generally formed the same day and documents are sent back to the client within 24 hours. If you are in a real hurry and are willing to spend a lot of money on expediting fees you can even form your company in an hour or two. In other states it can take a lot longer -- sometimes several weeks. 

Additionally, it can depend on how you file - in many states it makes sense to expedite your filing. In general, AIL tells clients expect Delaware documents in 1-2 days, if you expedite in other states expect them in 3-7 days, and non-Delaware non-expedited filings can be expected in 10-15 business days.

 Find the answers to all of your major incorporation questions in our new eBook

New Call-to-action

 subscribe to blog

What is a Registered Agent?

Posted by American Ltd on Jun 26, 2015 2:30:00 PM

Thinking of Incorporating? You'll Need to Appoint a Registered Agent

What’s a registered agent? This is a commonly asked question of entrepreneurs who are new to the incorporation process.  It is a statutory requirement that all entities appoint a registered agent, also known as resident agent or statutory agent, when incorporating.  The registered agent can be an individual or business entity and must have a physical address in the state of incorporation.  The primary responsibility of the registered agent is to receive legal correspondence on the entity’s behalf, in addition to, any official notices from the Secretary of State.  Failure to maintain a registered office in the state of incorporation can cause the entity to fall out of good standing and even be declared Void if a new agent is not appointed.

Designation of the registered agent is typically made on the formation documents.  There is often a misconception that the registered agent address is the same as the principal office address.  This is not the case.  The two are very different and serve different purposes.  Most jurisdictions allow business registered agent incorporate LLC corporation entities to maintain a principal place of business outside the state.  If the business does not operate or maintain an address in the state of incorporation, a commercial registered agent can be appointed.  If the business does operate or maintain an address in the state of incorporation, ie: director or officer, then either can be appointed as the registered agent of the entity.

There are many benefits of appointing a commercial registered agent.  The commercial registered agent maintains a physical address in the state and is staffed during normal business hours to accept all correspondence received on your company’s behalf.  The registered agent’s address is kept on file with the Secretary of State and this information is stored as Public Record.  Utilizing a commercial registered agent means that you need not worry about address changes or not receiving an important company document. 

American Incorporators Ltd. provides this service nationwide & is ready to assist with all of your corporate needs.  Contact us today!

Registered Agent Services

 

Find the answers to all of your major incorporation questions in our new eBook

New Call-to-action

subscribe to blog

Topics: Registered Agent, forming a business, registered agent Delaware, create a corporation

American Incorporators Ltd. Launches Enhanced Web Experience

Posted by Cory Josephs on Mar 19, 2015 12:31:41 PM

Redesigned Website Provides Comprehensive Resources for New_Site_ScreenshotCompanies Seeking to Incorporate

Wilmington, DE (PRWEB) March 17, 2015

American Incorporators Ltd., a firm that has been helping businesses form sustainable corporations and limited liability companies for over 35 years, announced the launch of a restructured and redesigned website at http://www.ailcorp.com with the goal of providing its current and prospective customers quick and easy access to critical resources and services.

“We pride ourselves on delivering a friendly and helpful experience for the businesses that come to us for formation and the many services we provide. We’re excited that the new American Incorporators website reflects that,” said Ann Chilton, Chief Executive Officer. “Our goal is to not only help businesses get up and running as credible corporations, but to work with them from inception and as they continue to grow and change over time.”

Visitors to the new site have access to valuable up-to-date information on starting and maintaining a business. The support services and pricing American Incorporators offers are described in detail on the updated site and available for purchase online. Additionally, the site prominently displays the many service options available to customers and new visitors, including live chat, robust FAQs and access to social media channels. Other key features include:...

To view the full press release click here 

Topics: LLC Creation, Corporations, incorporation process, easy incorporation, starting a business, C Corporation

Delaware Corporation Taxes Are Due March 1

Posted by Cory Josephs on Feb 25, 2015 2:20:36 PM

March_2015_(2)

Annual tax payments for Delaware Corporations are due this Sunday March 1. The deadline is NOT extended because it falls on Sundaym if payment is not received by Sunday the state will add a non-negotiable late fee.

 

Due to the fact that the deadline falls on a weekend American Incorporators' office will be open 8am-6pm through Friday this week to assist in your annual payments. Please call 800.421.2661 to speak with a specialist or visit http://bit.ly/1Ft6cn0 to pay online.

Topics: Reminders

5 Must Have Apps For Entrepreneurs & Small Business Owners

Posted by Cory Josephs on Feb 4, 2015 12:50:00 PM

 

Laptop Work-11American Incorporators loves to provide small business tips to small business owners and entrepreneurs. We have searched to create a list of the best apps for small business owners.

 

Expensify: Expensify is available for iOS and Android devices. This app makes keeping track of business expenses while on a business trip a breeze. The app also allows users to link up a credit or debit card, when expenses 

Trello: Trello is an application and also accessible through trello.com that allows teams to collaborate on projects without clogging up email. Trello uses a systems of boards where teams can tag others, comment, and move cards to show completed, to-do, or need to complete projects, 

Evernote: Evernote is a cloud-based app that syncs documents through all of your devices. This allows you to view edit and share documents as needed on all devices. Evernote is available for Android, iOS and evernote.com.

Pocket Analytics: This app allows you to visualize your analytics between multiple sources. Pocket Analytics syncs with Google Analytics, Flurry, Piwik, Facebook, Pingdom, and more. Unfortunately, Pocket analytics is only available for iOS. 

Google Hangouts: Google Hangouts is a free messaging app that provides free video call for up to 10 people and free group chats for up to 100 people. Google Hangouts also allow you to make phone calls, and calls to other Google Hangouts users for free. Google Hangouts is available on Android, and iOS devices as well as web. 

For More resources visit Our Small Business Resource Center

 

Find the answers to all of your major incorporation questions in our new eBook

New Call-to-action

subscribe to blog

 

Topics: Tips & Tricks

American Incorporators Ltd. Announces Worldpay as Preferred Payment Processing Provider

Posted by Cory Josephs on Sep 2, 2014 2:27:00 PM

image001

American Incorporators Ltd.is excited to announce that Worldpay is our newest preferred payment processing provider. 


Worldpay is a leading global payment processor that allows businesses just like yours to accept all payment types including in-person, at the point-of sale, online and on-the-go via mobile devices.

Worldpay offers its clients:

  • Mobile from Worldpay turns your mobile device into a hand-held terminal that accepts all major credit or debit cards.
  • Virtual terminal allows you to take payments in person or over the phone using your existing computer or tablet. It requires no technical setup and provides real-time reporting to keep track of payments.
  • An integrated cash register system accepts all major payment types and provides 24/7 access to real-time transaction reporting.

Worldpay can also help you navigate the compliance requirements related to Payment Card Industry Data Security Standard (PCI DSS) guidelines and the upcoming EMV (smart card) requirements.  By October 1, 2015 all merchants must have EMV terminals in order to avoid penalty. The cost of noncompliance can be steep, including damage to your brand, costly fines, and loss of credit card processing privileges. For extra protection against data breaches, Worldpay also offers end-to-end encryption services.

For a limited time Worldpay is offering merchants a cash-back incentive of up to $750 per location. To access this deal fill out this short web form found here and Worldpay will contact you to get started

Web Banner (344x190) 1.

Topics: credit card, payment processing, small business, small business tips

What is an LLC

Posted by Cory Josephs on Aug 26, 2014 10:49:00 AM

What is an LLC?IMG 1241

The Limited Liability Company is a relatively new entity type that was developed towards the end of the 20th century as an alternative to a corporation. Modeled after a German entity type (GmBH), the US LLC originated in Wyoming in the late 1970s, emerged in Florida a decade later and by the early 1990s existed in all US jurisdictions. Since that time limited liability companies have steadily gained in popularity largely because they combine liability protection previously reserved for corporations with single taxation of partnerships. LLCs also have fewer requirements than corporations making them easier to maintain. LLC's are separate and distinct from its owners who are called "members."  LLC's do not issue shares of stock like C Corporations and S Corporations. If you would like to read about S Corps and C Corps check out our blog here.

Ownership/ Member details about LLC's

There are 2 ways to reflect ownership of an LLC.  It can be reflected as a percentage or by membership units which are similar to shares of stock in a corporation. The number of members of an LLC is unlimited and members can be individuals, partnerships, corporations, trust, nonresident aliens, etc.

Things to know about LLC's

  • Limited Liability- Absent any specific personal guarantees, the amount at risk for members is limited to their investment in the LLC. The personal assets of the members are generally beyond the reach of creditors. This protection is for all members of the LLC unlike an LLP where one general partner must remain liable for partnership debts. 
  • Tax Benefits- LLC members may also enjoy the same flow-through tax benefits which are applicable to partners of a partnership.
  • Easier to maintain- LLC's are not required to hold annual meeting and to record meeting minutes. LLC's are known for their operational ease.
  • Heightened Credibility- Forming your company into an LLC can increase the credibility associated with your business.

 

 

Form Your LLC Now 
 

Topics: LLC Creation, Limited Liability Companies, incorporate now, incorporate today, Asset Protection, s corp, fast incorporation, c corp

What is a C Corporation

Posted by Cory Josephs on Aug 14, 2014 11:43:00 AM

describe the image

 

What is a C Corporation?

A C Corp is legal structure that businesses establish that is a separate entity from the owners and the people that manage it. Corporations are owned by their shareholders, and provide owners limited liability. C Corporations are the most widely type of entity for businesses large and small that have shareholders. 

What's the difference between a C Corp and an S Corp?

All corporations both S and C are started as a C Corp. Once the C corp is formed the business has 75 days to to elect to become an S Corporation.  This election is done with the IRS. More information abour S Corporations can be found Here.

Some things to know if you're thinking about starting a C Corporation

  1. C Corporations may have an unlimited amount of shareholders
  2. Owners do not need to be citizens or residents of the United States
  3. C Corporations shares may be owned by another business
  4. C Corporations are required to have bylaws, hold annual meetings and keep accurate record of the meeting minutes. 
  5. Corporations can raise capital by through the sale of their stock.
If you want to incorporate your company don't worry, American Incorporators Ltd. provides fast and easy incorporation services for you so just give us a call at 800.421.2661 or Click Here for more details.
Form Your LLC Now 

Topics: Corporation Creation, Corporations, incorporation, easy incorporation, s corp, s corporation, starting a business, c corp, create a corporation, what is a c corporation, C Corporation

What is an S Corporation

Posted by Cory Josephs on Aug 6, 2014 11:11:00 AM

0002 growth graph (1)

What is an S Corporation?

An S Corporation also know as S Corp is a legal entity described by IRS.gov as "a corporation that decides to pass income, loss, deductions, and credits to their shareholders." S corporations avoid the double taxation inherent to general business corporations, in which profits and dividends are both taxed.

How do I turn my business into an S Corp? 

All corporations are started first as C Corporations. After your C Corporation is started your company must elect to become an S Corporation with the IRS by signing IRS form 2553. 

Some things you need to know if you're starting an S Corp are

  1. Limit of Shareholders- S Corporations are limited to 100 shareholders 
  2. Shareholder Definitions- A new law allows "members of a family" to qualify as one, and defines "members of a family" as the common ancestor, the lineal descendants of the common ancestor, and the spouses or former spouses of the lineal descendants or common ancestor  
  3. Stock Restrictions- S Corporations only have one class of stock
  4. IRS filing- To obtain S Corporation status, all shareholders must sign IRS form 2553 which must be filed within 75 days of starting business. 

If you want to incorporate your company don't worry, American Incorporators Ltd. provides fast and easy incorporation for you so just give us a call at 800.421.2661 or check our our website for more details.

Incorporate Your S Corp Now  

Topics: Corporations, incorporate now, incorporate today, incorporation, easy incorporation, s corp, s corporation, what is an s corporation, fast incorporation, create a corporation, starting an S corp, incorporate your company