One of the most important decisions any business owner will face when starting a new business is deciding on what structure the business will take. Some of the factors which will assist you in making that decision include.
- Your needs for capital.
- The number of people you project.
- How you plan to distribute earnings.
- Any liabilities you are assuming.
- How long you are planning to operate your business.
- Any legal restrictions.
- What type of business operation you start.
- The tax implications.
Sole Proprietorship
A sole proprietorship is the least expensive and easiest way to start your business. What is simpler than finding a location for your business and opening the doors? All right, I might have oversimplified it there, but it really is pretty easy. You will have to register a business name and obtain other local licenses which will depend on your local government. There will also be fees associated with obtaining them. Hiring an attorney would be a smart move and the attorney fees will be less than other forms of business as there is a smaller amount of documents to be filed because the owner of the business has the final word in all business decisions.
Partnership
The thing with partnerships is that there are several different types. The two most common types of partnerships are limited partnerships and general partnerships. Two or more people can form a general partnership through a simple oral agreement. Starting a partnership with an oral agreement is not recommended, you should get legal documents drawn up by an attorney. You can expect the fees for this to be higher than a sole proprietorship, but they should be less than what you would expect for incorporating. A large benefit for having a legal partnership drawn up is it will aid you in resolving any future business disputes. A down side to a partnership is that a partner can be held responsible for the actions of other partners in the business in addition to their own actions.
Some of the things included in a partnership agreement:
- The compensation for partners.
- How long will the partnership last.
- How will the profits or losses be divided?
- What type of business is it?
- What is each partner investing into the business?
- If the partnership dissolves how will assets be distributed?
- A settlement clause for disputes.
- Provisions for dissolution of the partnership.
- Provisions for future changes to the partnership.
- Define any restrictions to expenditures or authority.
- Provisions for death or incapacity.

