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Forms Of Incorporation: A Simple Guide

There are various forms of incorporation available. Which type will be suitable for your business?

Incorporation is a legal process leading to the formation of a corporation. Before incorporating your business an important question which arises in your mind is: There are various forms of incorporation available, which form should be suitable to my business?

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To answer your question we have compiled a comprehensive guide to almost all forms of incorporation. To see the types of offshore investing companies click here.

A brief introduction and pros and cons of mostly used forms of incorporation are given below:

* Sole proprietorship:

- This is the most famous form of small enterprises worldwide. If you own a small or a part time business, dont want to expand it, and want to be free from the hassle of filing returns and maintaining records, a sole proprietorship is for you.

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- The disadvantage of this type of business is worth noting. Sole proprietors are personally liable for all the debts of the business.

* Partnership:

- One of the most important forms of incorporation is partnership. When you want to inject investment in your business and dont have enough capital, you can add a couple of friends or other willing investors into your partnership business and share your profits and losses accordingly.

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- A partnership is preferred when there is a family business and all of the family likes to be involved in the decision making process. Alternatively, when close friends bringing different skills to the business want to work together.

- A major disadvantage of this form of incorporation is unlimited liability.

- There is another disadvantage. There is no perpetual succession. In many cases a partnership is dissolved when any partner leaves or dies and a new partnership needs to be constituted whenever a new partner is needed to be inducted!

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* Limited Partnership:

- This type of partnership is available in some countries nut not in others.

- A limited partnership has all the characteristics of a normal partnership except that the liability of the partners is limited to the amounts of the capital invested by them; hence there is no personal liability.

- This makes limited partnerships attractive and more practical than simple partnerships. However there is a limit to the number of partners that can participate in the company.

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* Corporation:

- A company incorporated under the applicable company laws of a specific jurisdiction is known as a corporation or a company; it can also be referred to as company corp. Main characteristics of a company corp. are as follows:

- Limited liability

- Perpetual succession

- Separate legal entity

- Can sue and be sued in its own name

- Proper records are required to be kept

- Annual, semi-annual and quarterly returns are usually required to be filed with the registrar of companies, in most countries.

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There are various types of corporations. Each type has its own advantages and limitations, some of these types are listed below:

- Private limited companies

- Public limited companies

- Company limited by guarantee

- Unlimited company

* Corporation not for business:

- Among various forms of incorporation, corporations not for business is that type which is often used by non government organizations (NGOs) and other non profit organizations for incorporating their non-profit businesses.

- Special privileges are available to no profit corporation almost every country except some offshore ones.

About the author: Ramapati Singhania specializes in creating and managing web businesses. His latest website http://www.incorporation-offshore-saves-wealth.com focuses on helping you to incorporate offshore companies in Seychelles, Mauritius and BVI. You can also visit his blog, http://www.ramapatisinghania.com


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