Personal protection
Mie-Yun Lee, Editorial Director, BuyerZone.com
April 15, 2002
Getting sued is never fun. When your personal wealth is at risk, it can be downright
scary. Incorporating your business can help protect your personal assets from being targeted
by business-related lawsuits.
Simply put, when you incorporate your business, it becomes an independent legal entity.
One of the implications of this is that it means that you, as a business owner, are no
longer personally responsible for the debts that your company may incur. This protection
is known as limited liability. If your business is set up as a sole proprietorship or
partnership, on the other hand, you do not have such protection. For many businesses,
reducing this risk is the primary reason to incorporate.
There are three basic ways to incorporate. For the least expensive route, you can do
it yourself. All you need to pay is the state filing fee and complete the appropriate
documents. The hidden cost here is the time it takes to understand what is needed for
filing.
You can also incorporate via the Internet through an online incorporation service provider.
With this method, you choose the state in which you want to incorporate, select the corporate
structure, and provide the information that is requested of you. The service then compiles
this information and files the application for you.
Online incorporation services differ in a few important ways. First, there are differences
in state coverage. While some specialize in a handful of states, others will handle filings
nationwide. In addition, while some services feature incorporations only, others also
provide related business services. These services include trademark submission, domain
name registration and federal tax ID application.
Support differences can vary greatly, too. While some online services offer extensive
content to inform you about your corporate structure options, others do not. More importantly,
the availability and knowledge levels of customer support can vary, too. Conflicting
information can arise as a result. Keep in mind that any information you do obtain online
should also be complemented by conversations with your accountant or lawyer to ensure
that you make a sound decision.
Fees vary according to the state in which you file, the corporate structure you choose,
and the service fee charged by the vendor. You can generally expect to pay $25 to $200
for the service fee in addition to the required state filing fee.
Attorneys are probably still the best choice to handle the filing if you plan to take
on investors or make your company public. They can provide the custom advice to make
sure you take the right steps to structure your company appropriately. In addition, they
can create any additional documentation that is necessary if outside investors are involved
upfront. Costs are higher, though. Fees in the $500 to $1000 range for the filing alone
should not be surprising.
Whether you are starting a business for the first time or have been running your business
for years, adding "Inc." or "Corp." to your company's name can be a savvy move to protect
yourself.