Adding to the great responses: I'm assuming your going to sell something (products or services):
The liability issue is a very important reason. TAXES,TAXES,TAXES is my main reason why I create my efforts under a company name. It helps me ensure: - that selling services/products can be sold inside the Raleigh city limits, North Carolina, USA - that my products/services have a common parent name and that name can be trademarked/servicemarked - I can have many tax write-offs related to my efforts (i.e. Computers, cell phones, gas, my labor) Trademark (TM) / Servicemark (SM) is supported by the Federal Government. If you don't want anyone else to have the same name / logo that your company has. ---------- Original Message ---------------------------------- From: Chris Beecher <[EMAIL PROTECTED]> Reply-To: "Research Triangle Java User's Group mailing list."<[EMAIL PROTECTED]> Date: Sun, 01 Feb 2004 10:53:32 -0500 >Ray is absolutely right in all of this but underemphasizes another >attribute of incorporation, namely that it allows one to create a >separately taxable entity. There are both benefits and obligations that >are entailed here (often quite complex), but this is probably the single >largest reason creation of a corporation where the business outcomes are >vague. > >Ray Hooker wrote: > >>Let me expand on the issue of trademarks and copyrights. If you >>incorporate, you only protect your corporate name in the state you >>incorporate. So someone can incorporate in another state and you can't stop >>them.. Unless they try to business in the state you incorporate. That is >>something to consider for those who incorporate in another state. >> >>A trademark could be protected if you came up with some special logo or >>something. >> >>The reasons that you incorporate (or create an LLC) are: >>- Limited liability. Not a big deal for a sole practitioner but it helps. >>You will may need to get a liability policy if you do much contract work. >>- Protects your clients from the IRS going after them for taxes and >>preserves your contractor status. Basically you become an employee of your >>company and do withholding appropriately. >>- Allows you to offer benefits and acquire group health plans. Note that >>you cannot offer cafeteria plans (various benefits paid out of pretax) until >>you have several years under your belt and add other employees. >>- Note that I found that being incorporated with a liability policy allowed >>me to do business with a wide variety of clients. >> >>You don't need a company for copyright issues. An individual can have a >>copyright issued to them. >> >>The real question is what you are trying to accomplish? Are you trying to >>protect your business name, intellectual assets or simply trying to do >>business. >> >>Ray >> >>-----Original Message----- >>From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On >>Behalf Of Adam Kuehn >>Sent: Friday, January 30, 2004 6:16 PM >>To: Research Triangle Java User's Group mailing list. >>Subject: Re: [Juglist] launching a website >> >> >>[EMAIL PROTECTED] wrote: >> >> >>>Anyone with an experience in launching a website under new company >>>banner? >>> >>>I am planning on launching a website and was wondering if I will >>>have to start my own company for the copyright issues, etc. >>> >>> >> >>It would help if you let us know more about what you are trying to do >>and what your concerns are. Launching a website by itself, of >>course, doesn't require starting a company at all - not even if you >>are selling a product. You can 'start your own company' simply by >>selling stuff. There is no requirement to do anything at all if you >>just want to begin a sole proprietorship. However, if you are >>selling products or services that could potentially subject you to >>substantial liability, then you may want to form an LLC or >>incorporate in order to limit the claims that can be made against you >>personally. >> >>Although you can form an LLC or corporation yourself, I wouldn't >>without doing some serious reading first and then at least consulting >>with an attorney. It will cost you a few hundred bucks, but if you >>are wanting limitations on personal liability, presumably you have >>assets worth more than that that you wish to protect. Best to do >>your legwork and then hire a pro to get it right. >> >>On the other hand, you mention copyright as a concern. You don't >>need to do anything special to claim a copyright or common law >>trademark in your own works, either. So if claiming your own >>copyright or trademark is your primary concern, you may be able to >>get by with being a sole proprietorship. On the other hand, if you >>are worried that you might be infringing on someone else's copyright, >>trademark, or patent, then again the liability question is relevant >>and you may need to consider the LLC or corporation. >> >>What's right for you depends mostly on what it is that *you* need. >>Different forms of business exist because different things are >>appropriate for different circumstances. >> >>Seems like a non-answer, but really more information is needed before >>intelligent help could be provided. I'd be happy to follow up with >>you off list if you need. And no, I'm not an attorney. >> >> >> > > > > > _______________________________________________ Juglist mailing list [EMAIL PROTECTED] http://trijug.org/mailman/listinfo/juglist_trijug.org
