Legal Lad

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LLCs, LLPs and Corporations, Part II

09/24/07 - 07:43 AM EDT

Michael  Flynn

The following is a transcript of "The Legal Lad's Quick and Dirty Tips for a More Lawful Life," a podcast from QuickAndDirtyTips.com. The audio program is available via RSS feed here and at TheStreet.com's podcast home page.

Hello, and welcome to Legal Lad's Quick and Dirty Tips for a More Lawful Life.

But first, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, I do not intend to create an attorney-client relationship with any listener.

Today's episode is part two of our discussion on the differences between LLCs, LLPs, corporations and sole proprietorships. In last week's episode, I explained the basic differences among these entities. Now assume you are opening your own bakery. I will discuss the pros and cons of each business entity as applied to opening your bakery.

First, you must create the bakery, and there are two major factors to consider: the fee associated with creating the business, and how much you must pay lawyers to help you create the business.

There are no costs with the state to form a sole proprietorship or LLP. To form a corporation or LLC, you must file papers with the secretary of state. Filing fees for corporations and LLCs, including administration fees, vary from state to state, but will fall anywhere from $50 to $350. Some states will also require every business to obtain a business license or pay a publication fee.

The size and scope of your business will dictate your legal fees. The more complicated the business entity, the more time it will take your lawyer to set you up. A sole proprietorship is the least complicated, LLPs are slightly more complicated, and corporations and LLCs are the most complex.

A law firm specializing in start-up businesses will charge in the $500-to-$5,000 range for assisting with the incorporation process. The firm can help you fill out the documents necessary for incorporating, explain the process, and review the paperwork you have filled out prior to filing. Legal costs will increase if you have multiple shareholders or complicated shareholder arrangements.

The other cost of incorporating is that of paying first-year franchise taxes, which will usually land somewhere between $800 and $1,000.

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Michael Flynn writes and records the Legal Lad articles and pocdasts. A graduate of Tufts University and the University of California, Hastings College of the Law, he currently works as a research attorney for a California trial court.

Disclaimer: Please note that the legal information featured in Legal Lad articles and podcasts is presented for educational purposes only and is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, Michael Flynn's name is only being provided for authorship purposes, and not to advertise any legal services. To request a topic or share a tip, send an email to legallad@qdnow.com or call 206-202-4LAW.


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