Legal Question in Business Law in Ohio

Start-up business structural issues

My wife and I, in partnership, (we have 2-minor children) are going to become independent contractors for a Tele-Comm. Company. I presently own a business(sole-proprietor) which will have nothing to do with the aforementioned new business. How would we best be served (advantages & disadvanages) regarding taxes, and liability, both business and personal for us by forming:

1. Corporation

2. Limited partnership

3. General partnership

4. (or suggest a better business organizational

format?)


Asked on 8/09/01, 5:44 pm

1 Answer from Attorneys

Steven Hill Steven A. Hill, Attorney at Law

Re: Start-up business structural issues

Many issues come to play, here, not the least of which

are restrictions that will be asked of you regarding

non-competition, non-solicitation, and ownership of

intellectual property. Regarding intellectual property,

you may also need to make sure that your existing

intellectual property from your previous business

remains your own.

Depending on the state where you live, certain

restrictions that the telecom company may list in

their agreement with you may not actually be

enforceable.

Another form of business to consider: limited liability

company.

A lawyer can give an opinion on the liability aspects,

but I believe that an accountant should also be part

of your team. Perhaps you'll find an attorney who

is also an accountant, but that is not necessary.

A proper answer to your question would take much more space.

I don't normally respond this way, but if you

want, write to me and I will forward an article

that I wrote about things to consider when forming

a business entity. And, I'll round up some links

that explain the differences among corporations

(S and C types of corporations), partnerships

(general and limited), and limited liability companies.

I hope that your new business does well, and that

your entire family prospers.

Steven Hill

Read more
Answered on 8/09/01, 6:23 pm


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