Читать книгу Business Plan In A Day - Rhonda Abrams - Страница 17

Who owns your company? If yours is a one-person business, the answer may be simple: you do. But if you have gone into business with others, spell out the ownership division.

It’s also important to specify the legal form of your business. Funders want to know what type of entity they’re doing business with. Many businesses often start out as one form of business (such as sole proprietor) and incorporate later.

Other legal considerations to note here include:

 Licensing and distribution agreements

 Trademarks, copyrights, and patents

 Other legal protections you have secured to protect your proprietary business assets

 Other legal issues having a major impact on your business

What’s Your Legal Status?

Sole Proprietorship: The company is not incorporated and is owned and managed by one person.

Partnership: Two or more people own the company, sharing profits, losses, and, usually, management. A legal partnership can exist even if you haven’t drawn up legal partnership documents.

C Corporation: A corporate form that allows a large number and diversity of shareholders. Corporate income is taxed before profits or losses are distributed to shareholders.

Subchapter S Corporation: A small corporation limited in the number and type of shareholders. It provides the liability protection of a C Corporation, but profits and losses are “passed through” to the owners’ personal tax returns.

Limited Liability Company (LLC) or Limited Liability Partnership (LLP): A legal form of business offering benefits similar to those of a Subchapter S Corporation but often with less cost and paperwork.

B Corporation: A type of corporation, allowed for in a few states, that is organized for the public benefit as well as for the benefit of the shareholders.

Not-for-Profit: An organization, agency, institution, charity, or company with charitable, educational, or other public benefit goals, that has been certified as tax exempt by the IRS.

SAMPLE PLAN:

Ownership and Legal Status

ComputerEase was incorporated in the state of Indiana one year ago. Ten thousand shares in the company have been issued: 6,000 are owned by President and CEO Scott E. Connors; 1,000 are owned by Vice President of Marketing Susan Alexander; and 3,000 shares have been retained by the company for future distribution.

Status as a corporate entity

Indicates percent of ownership by each owner

The company was granted the trademark “ComputerEase” by the U.S. Patent and Trademark Office.

Another important legal consideration

What is the legal form of your business? (Sole proprietorship? Partnership? C Corporation? Subchapter S Corporation? LLC? B Corporation?) If it is incorporated, in which state or province?

Who owns your company? If the company has more than one owner, what percentage of the company does each own? If the company is incorporated, who owns the stock and in what amounts?

What trademarks, copyrights, or patents does the company hold?

What other important legal issues affect the company? (Distribution or licensing agreements? Major lawsuits? Regulatory concerns?)