Legal Process Flashcards
Sole proprietorship
one person involved in the business no legal existence apart from the owner
Advantages- low cost & ease of formation, no business or corporate taxes to file
Disadvantages- unlimited liability, personally liable, potentially limited access to capital
Partnership
2 or more involved in the business (money, property, labor or skill)
Advantages- low cost & ease of formation, required to file an informational tax return, have pass through taxation
Disadvantages- unlimited joint liability-partners liable for actions of other partners, impossible for one partner to transfer his/her share of the partnership
Corporation
legal entity that is separate from its owners- owners are called shareholders- limited liability for shareholders
LLC
combines part of partnerships and corporations, offers flexibility in management of business and less restrictive ownership requirements-owners called members
Advantages- pass through taxation, limited liability, unlimited number of members
Disadvantages- limited legal precedent
Publicly traded corporation
Must make full financial disclosures concerning profits and losses
Shareholders have certain rights, such as voting on the makeup of the board of directors and attending annual meetings
More expensive-investment bankers etc.
Nonprofit corporation
Do not have shareholders- no owners- none of the income generated by the nonprofit can be distributed as a dividend
Serve a public purpose, they receive several benefits and privileges not available to other businesses such as:
Being exempt from most federal and state taxes
Special postage
Exemption from certain labor law requirements
C Corp
most common form of corporation, owners are taxed separately
Advantages- limited liability, unlimited life, ease of transferring ownership, greater access to capital
Disadvantages- higher startup costs (attorneys, article of incorporation), double taxation (profits taxed at corporate rate, dividends taxed at individual rate)
S Corp
passive income, losses, deductions, and credits to shareholders for tax purposes
Advantages- pass through taxation, access to capital
Disadvantages- limited to 75 shareholders