Choice of Entity: LLC vs. Corporation
For many entrepreneurs, their first experience with corporate law occurs when they decide to organize their fledgling business into one of the several forms of business entities permitted by law in most states. For the first-time business owner, the options presented by legal counsel can be confusing, in part because the differences among some types of business entities are subtle or highly technical. The appropriate form of entity can depend on numerous factors, including the nature of the business, its intended ownership and management structures, the need to raise equity capital, the desired tax treatment of income and losses and the importance of limiting the personal liability of the business’s owners. The good news is that for nearly all startup businesses (particularly the tech, tech-enabled or life science businesses that I most commonly represent) the choice of entity can be narrowed down to two options – the corporation or the limited liability company.
Jared M. Sorin
, PARTNER
, Brown Rudnick LLP
21 Aug 2023