Business Formation Attorney
Whether you need advice on forming the right business entity, or would like guidance with launching your new corporation, limited liability company (LLC), partnership or sole proprietorship; including the drafting and filing of all necessary formation documents, Kinney Firm has the tools and legal expertise to assist you in successfully launching your startup
SELECTING THE RIGHT ENTITY FOR YOUR BUSINESS
You want to start a business but you don’t know how? Not sure whether INC., L.L.C., L.L.P., P.A., etc. is right for you?
Have no fear, we have the expertise to advise and assist you and save you from a costly learning experience. The Kinney Firm is both a business and legal consultancy equipped to assist you with all aspects of launching your business.
BUSINESS REGISTRATION & ADDITIONAL SERVICES
Business Registration - S-Corp, C-Corp, LLC
DBA - Doing Business As, register an alternate business name.
EIN - Corporate tax identification number necessary to open a corporate bank account.
Registered Agent Services
FREQUENTLY ASKED QUESTIONS
What type of business should I form?
Well that depends on you. We will work with you to clarify your business goals and advise you specifically which entity meets your needs, but generally:
C-Corporations are what you probably think about when you think about corporations. C-Corps. are is the most formal entity; having a CEO, Board of Directors, Officers, can have different classes of shareholders and are federally taxed at a corporate and individual level, which is also referred to as “double taxation”.
S-Corporations are more versatile corporations - the corporation is not taxed, but the profit and losses pass through to the owners and are reported on federal personal income taxes. There are strict requirements regarding how wages are paid, profits are distributed, what business expenses are deductible, etc. so there is not a cookie cutter, one size fits all answer to what entity is best, a careful analysis of where you are and where you want to go is necessary to select the right entity for you.
The Limited Liability Company (LLC) has become the most popular business formation, partially because of it’s lower startup costs and more informal record keeping requirements. It’s seen as the best of both worlds because you gain the limitation of legal liability provided by a corporation with the flexibility to operate and be taxed as a partnership.
Because incorporation occurs at the state level, there can be different corporate, legal and tax implications you should be aware of prior to incorporating.
What is a registered agent? Do I need one? What do they do?
A Registered Agent (sometimes called a Resident Agent or a Statutory Agent) is the person/entity that you designate to accept legal service for you (for instance, someone is trying to contact you regarding a legal dispute). They may also accept legal documents and government correspondence on behalf of the business.
Yes, you need one. You are required to appoint a person or entity to accept service on behalf of the business and many states won’t allow you to register your entity without naming a registered agent.
What if I have offices in more than one state?
If you have offices in more than one state, hold property, have a bank account, have employees or ship from within the state, you may need to register your business as a foreign business and designate a registered agent within that state. Registering a foreign corporation may sound like an international affair, but it simply means you are registering your company to do business in a state other than that in which it is headquartered/domiciled.
What do I do if my business is headquartered in another country?
We can assist you with that. You do not need to be a U.S. citizen or even a resident to incorporate in the United States. There are advantages and disadvantages for an international business registering to do business in the United States.
In the United States, incorporation is a governmental process that takes place at the the state level. The process varies from state to state and there are advantages and disadvantages, at a business, tax and legal level.
What our clients say
about working with us
Whether legal advice, strategy or execution, Rian continues to be an invaluable member of my team.
Rian is approachable and able to break down legal concepts in a way that makes sense, even if you don't speak legalese. There are so many nuances to business law that can leave you exposed. Rian's helped me understand which laws I should pay attention to and how to apply that knowledge in my business.