A business entity is an entity that is formed and administered as per corporate law in order to engage in business activities, charitable work, or other activities allowable. Most often, business entities are formed to sell a product or a service. There are many types of business entities defined in the legal systems of various countries. These include corporations, cooperatives, partnerships, sole traders, limited liability companies and other specifically permitted and labelled types of entities. The specific rules vary by country and by state or province. Some of these types are listed below, by country. For guidance, approximate equivalents in the company law of English-speaking countries are given in most cases, for example:
New York Shall contain the word "corporation", "incorporated" or "limited", or an abbreviation of one of such words; there is also a long list of words a business corporation is not allowed to use without additional approval from other agencies including "board of trade", "state police", "urban development", "chamber of commerce", "state trooper", "urban relocation", "community renewal", "tenant relocation", "acceptance", "endowment", "loan", "annuity", "fidelity", "mortgage", "assurance", "finance", "savings" and many others New York State Consolidated Laws, Business Corporations Law § 301; Not-For-Profit Corporations Law, § 301
If the LLC will be Manager governed, an elected set of Managers (who can be people other than Members), will make the business decisions. Under this structure, the business will more closely resemble a traditional corporation, with the Managers acting as directors, and the owners acting as shareholders. If an LLC elects to be governed by Managers, this decision must be stated in the Articles of Organization.
LLC, LC, Ltd. Co., Limited Liability Company: a form of business whose owners enjoy limited liability, but which is not a corporation. Allowable abbreviations vary by state. Note that in some states Ltd. by itself is not a valid abbreviation for an LLC, because in some states (e.g. Texas), it may denote a corporation instead. See also Series LLC. For U.S. federal tax purposes, in general, an LLC with two or more members is treated as a partnership, and an LLC with one member is treated as a sole proprietorship.
Nebraska corporation, incorporated, company, or limited, or the abbreviation corp., inc., co., or ltd., or words or abbreviations of like import in another language, except that a corporation organized to conduct a banking business under the Nebraska Banking Act may use a name which includes the word bank without using any such words or abbreviations Section 21-2028 State of Nebraska Statutes
Doing Business As: denotes a business name used by a person or entity that is different from the person's or entity's true name. DBAs are not separate entities and do not shield the person or entity who uses the DBA as a business name from liability for debts or lawsuits. Filing requirements vary and are not permitted for some types of businesses or professional practices. See also Delaware corporation, Delaware statutory trust, Nevada corporation, and Massachusetts business trust.
LLCs have fewer ongoing requirements compared to their corporation counterparts. For example, an LLC is not required to keep minutes or hold annual meetings. An LLC also does not have a board of directors, and isn't is held to the same record keeping standards of a corporation. Keep in mind that the state of incorporation in will have its own set of annual requirements. That includes filing the required business licenses and permits, which vary from state to state. Be sure to check in with your Secretary of State to ensure you don't accidentally miss any required filings.
Please note: We believe accurate, plain-English legal information should help you solve many of your own legal problems. But it's not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional-- and we'll always point out situations in which we think that's a good idea-- consult an attorney licensed to practice in your state.
Kansas (except for banks) "association", "church", "college", "company", "corporation", "club", "foundation", "fund", "incorporated", "institute", "society", "union", "university", "syndicate" or "limited", or one of the abbreviations "co.", "corp.", "inc.", "ltd.", or words or abbreviations of like import in other languages if they are written in Roman characters or letters § 17-6002 Kansas Statutes
For businesses in industries like construction or real estate, where unforeseen circumstances and hazardous conditions may hold the owner responsible, consider starting an LLC. The protection gained means you will not be held personally liable, protecting you and your family from litigation or the debts of the business. An LLC may not be the best choice for business owners who plan on raising capital through outside investment. LLCs are not public structures and do not have shareholders, so taking a company public is not an option either. However, in the event that you'd like to take your business public you may switch to a public legal structure, like a C corporation, later on.
Filing a limited liability company separates your personal assets from those of your business. This prevents you from being financially responsible for debts and liabilities of your business. Even though members are still liable, that liability is limited to the extent of their investments in the business. If, for instance, your company is involved in a lawsuit, the assets of the LLC itself could be in jeopardy, while the personal assets of the members/owners would be protected.
An attorney is typically not required when starting a business. A business filing service such as Swyft Filings can help you streamline the formation process, and save you a great deal of time, effort, and money. However, if you are unsure of which business structure may be right for you, or you have questions regarding specific tax or organizational issues, it may be advisable to speak with an attorney or accountant before starting a new business.
Since limited liability companies can be a pass-through entity, owners are taxed on their personal income. S-Corp shareholders are taxed personally. The S-Corp, however, is not. C-Corp income is taxed at the corporate level first, then again at the personal level. This is called "double taxation." Non-Profits are only taxed once and can write off most of their expenses. Sole Proprietors are taxed only on their personal tax return.
The "mit beschränkter Haftung (mbH)" suffix (German: [ˈɛmbeːˌhaː], "with limited liability") is sometimes added to the name of a firm that already ends in "-gesellschaft" ("company"), e.g., "Mustermann Dental-Handelsgesellschaft mit beschränkter Haftung" ("dental trading company with limited liability"), which would be abbreviated as "Mustermann Dental-Handelsgesellschaft mbH".
A series LLC is a form of limited liability company that provides liability protection to multiple "series". Essentially, it's a master LLC with separate divisions, each protected and operating independently. As an entity, the series LLC is geared towards businesses where investors own multiple companies, with each series being protected from the debts and obligations of the other series. Currently, only several states support this option, including Delaware, Illinois, Iowa, Nevada, Oklahoma, Puerto Rico, Tennessee, Texas, and Utah.
Please do not place your social security number on filing or other documents you submit to the Secretary of State. Although we attempt to prevent disclosure of social security numbers, due to the large number of documents filed, we cannot guarantee that a social security number placed on a document will not be disclosed. It is the responsibility of the filer to ensure that a social security number is not contained on the filing.