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Should You Incorporate As A Professional Corporation Or Professional LLC? by @DeborahSweeney

April 26, 2019 by Deborah Sweeney Leave a Comment

by Deborah Sweeney | Featured Contributor

When it comes to incorporating a small business, I generally recommend a broad range of legal formations to entrepreneurs. These entities often include limited liability companies (LLCs), partnerships, and corporations. Each entity provides liability protection, which ensures the separation of personal and professional assets. Entities like these are also ideal across industries and occupations. Most entrepreneurs, whether they’re opening a bakery, starting a consulting business, or setting up a clothing boutique, can easily incorporate their business and find that their chosen entity is a good fit for them.

What about entrepreneurs in niche-based industries, like doctors and lawyers? These types of entrepreneurs come with specific practices and licenses. Their businesses are subsequently structured a bit differently and as such, would need to incorporate as either a professional corporation (PC) or professional LLC (PLLC).

Sounds like this describes your current occupation? Keep reading as we dig into what each entity does and why they matter for these types of professions.

Professional Corporation (PC)

What does a professional corporation do?

A professional corporation is a legal structure designed specifically by state law to protect the personal assets of licensed professionals. The entity provides limited liability protection, much like that of a traditional LLC. Your personal assets will remain protected in the event of a lawsuit or other legal obligations.

How does a professional corporation differ versus a traditional corporation? Again, much of the answer is found in what the practice does and its licenses. Shareholders, directors, and officers must all be part of the same profession. Proof of good standing, such as their licenses, must also be provided in order to qualify as a professional corporation.

A professional corporation is an ideal entity for… Businesses that offer professional services that require state licenses. Typically, these include companies that participate in the following activities.

Medical services
Legal services and representation
Accounting and financial services
Architectural services

What kinds of professionals benefit from a professional corporation? Take a look at the list below to see if you might qualify to incorporate as a PC.

Lawyers
Physicians
Engineers
Doctors
Dentists
Optometrists
Accountants
Architects

Are there are any additional benefits to incorporating as a professional corporation (PC)?

One of the greatest benefits to incorporating as a professional corporation is protection from any negligence or malpractice of the practice’s associates.

Many professional services have more than partner and/or owner associated with it. Let’s use the example that a partner working for a medical service caused an injury. Even if it was accidental, there is a possibility that this partner could be the target of a lawsuit. What would happen to the other owners? Would they also be at fault for what the partner caused? No. The professional corporation would step in and shield the assets of the other owners.

Professional LLC (PLLC)

What does a professional LLC do?

A professional LLC is necessary for professionals that work out of states where licenses are required in order to perform services. Much like a typical limited liability company, a professional LLC will separate a professional’s workplace and personal assets. A PLLC also limited personal liability for claims that are related to the negligence or errors of partners.

A professional LLC is an ideal entity for… Businesses that offer professional services that require state licenses. Sound familiar? All of the aforementioned companies, like those in the medical and accounting industries, may file for a PLLC. The same goes for the listed occupations, including doctors, lawyers, and engineers.

Should I know anything else about incorporating as a professional LLC (PLLC)?

One of the biggest benefits to incorporating as a PLLC is the ability to establish a professional identity for your business and its services. However, it’s important to research whether or not the state you do business out of has authorized PLLCs.

What does that mean? Essentially, you want to make sure that the state has given PLLCs the go-ahead to limit personal liability for claims related to a co-partner’s negligence, so one partner is not solely liable for these claims. Some states provide this legislation. Others do not. Before moving forward with this entity, it’s a good idea to check in with the state you plan to do business in to see if they are authorized to offer PLLC formations.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

As CEO of MyCorporation Business Services, Inc., Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites. She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

Deborah Sweeney

http://www.mycorporation.com

What Do Entrepreneurs Gain From Incorporating A Business? by @DeborahSweeney

March 26, 2019 by Deborah Sweeney Leave a Comment

by Deborah Sweeney | Featured Contributor

Should you incorporate your business? Is it really necessary to incorporate if you want to run a business? As the leader of a business that specializes in document filing services, I hear the first question asked quite a bit by new and existing entrepreneurs alike. My answer is always a resounding ‘Yes!’ — and not just because it’s what I specialize in doing, either.

The second question is a little trickier to answer. In theory, you don’t have to incorporate a small business. Some entrepreneurs have side hustles that they choose not to incorporate. The reasons for this may vary. The gig, for instance, could be a side project you’re passionate about, but don’t make much money from or have a desire to expand into working on full-time. Another reason could be the incorporation process itself. This is often viewed as too time-consuming and boring to do… so entrepreneurs avoid doing it. However, entrepreneurs may not realize just how many benefits they’re missing out on simply because they chose not to incorporate.

Should you incorporate a business? Yes! Is it really necessary to incorporate? Also, yes! Let’s talk about all the great things you (and your business) gains from getting started.

Liability Protection

If you decide to form a limited liability company (LLC) or corporation for your business, these entities ensure that it receives liability protection.

What does this term mean, exactly? Liability protection maintains a separation between your professional and personal assets. If your business was delinquent on its debt, liability protection would ensure that personal assets, like houses and cars, were not impacted outside of the business.

Are there any entities that do not provide liability protection? The most prominent one is a sole proprietor. Many entrepreneurs incorporate under this entity due to its affordability. Acting as a sole proprietor also ensures that you, the business owner, are in control of the business. This kind of responsibility, however, means that any and everything that can happen — from accidents to product damages — holds you fully accountable. If the thought of unforeseen circumstances keeps you up at night, you may consider switching entities for liability protection.

Building Credibility

How do you feel after you’ve done business with a company that had an “Inc.” or “Corp.” in its name? There’s a bit of added trust that comes with shopping or investing with these types of businesses. Incorporating gives businesses an added boost credibility. This legitimizes the business, making it a win-win for both the company’s reputation and the trust customers are able to quickly establish with it.

Understanding The Structure Of Your Business

It’s not uncommon for an entrepreneur starting a business to ask themselves what type of business they want to own and operate. They have a pretty good idea of what their offerings will be and their given industry. What about the company’s legal structure?

Incorporating does more than provide liability protection, potential tax savings, and establish credibility for a small business. It also provides them with an entity that helps structure the company.

Let’s take a moment to compare and contrast what it means to incorporate as an LLC versus a corporation. An LLC provides a bit of added flexibility in its legal structure, such as the ability to choose an S Corporation as its tax entity. Forming an LLC is also ideal for small businesses that wish to stay small and independent. In the event that you choose to expand and would like to take the business public, you do not need to remain an LLC forever. You may change the entity to a public legal structure like a C Corporation when the time is right.

Corporations, on the other hand, are much more strict legal structures. Entrepreneurs that choose to incorporate as a corporation usually have big plans for their business, like raising capital, going public with an IPO, and expanding worldwide. A corporation would be the ideal entity for this kind of business structure. It allows entrepreneurs to accept money from investors, issue stock, and still keep the company protected through liability protection.

Incorporating Is Just The First Step!

Understanding the entity you want, and need, before incorporating your business ultimately provides it with a great foundation for success.

Don’t forget that you’ll need to check a few legal items off your to-do list after incorporating, too! Apply for basic business licenses that pertain to your company and its offerings, business insurance, an employer identification number (EIN), and any trademarks or copyrights necessary to protect your intellectual property.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney

http://www.mycorporation.com

Why Millennials Should Start A Small Business In 2019 by @DeborahSweeney

January 15, 2019 by Deborah Sweeney 1 Comment

by Deborah Sweeney | Featured Contributor

I never imagined my career would lead me to become an entrepreneur. Prior to purchasing a small business in 2009, I was a lawyer. Had I not been presented with the opportunity to become a small business owner, I might still be in the legal profession. I loved what I did, but entrepreneurship truly allowed me to become the master of my destiny.

Over the years, I have found myself encouraging others to become entrepreneurs. This may be a side effect from the business I operate — which helps small business incorporate or form LLCs. I have evolved into a small business advocate. I get excited to see anyone start a business, especially millennials. This age group was once considered a novelty to hire or bring into management roles. Now, they are making the leap to become their own bosses and enjoying the rewards that come with it.

Are you a millennial considering starting a small business this year? I say do it! Here’s why it’s worth making the career pivot.

Small Business Ownership Helps Stave Off Burnout

Buzzfeed News recently ran an in-depth story on how millennials became the burnout generation. Burnout, according to the article, impacts everyone and anyone regardless of financial stability. There isn’t a quick fix to cure it, either.

So, now what? There are two aspects of this article that stuck out to me. The first was that burnout stings deeper when scrolling through an Instagram feed and seeing others lead “better” lives. Most individuals do not express jealousy over possessions the way that they do experiences. Think about it. Who works an 8 to 5 desk job and doesn’t experience a pang of jealousy seeing friends on Instagram spending the afternoon sailing on a boat or attending a fun conference?

The other aspect was a story shared by psychoanalyst Josh Cohen. Cohen wrote about a client that had made, seemingly, all of the right moves in life. The client was a finance banker. One morning, this individual heard his alarm go off for work. He turned it off and decided not to go to work. When he was later terminated from his job, he found the news did not bother him. It was an intriguing feeling.

Personally, what I like to think happens with small business ownership is that it enables you to escape the clutches of burnout. Being an entrepreneur isn’t without its own hurdles. You still have to work hard, create opportunities where there are none, and learn a lot about the business.

However, studies have shown that three out of five millennials start a business to be more fulfilled. Starting a business, especially one you’re passionate about, means that there is less jealousy to experience through social media. Everyone is living their dream, and so are you. There will be good and bad days alike in business. However, no days will be bad enough to make you turn off your alarm and give up cold turkey.

You Can Start A Business Anywhere — Literally

Recently, the app Thumbtack shared insight into entrepreneurship as the latest millennial trend. One of the biggest highlights from their research was that 40% of millennials plan to leave their full-time employers to become freelancers in the next five years.

Millennials are now free to roam about the country. It is no longer necessary to work from a traditional office, thanks to the rise of technology and coworking spaces. Only 11% of millennial entrepreneurs reported working from an office.

As far as support from cities goes, Thumbtack’s research also noted there are 15 cities that are the most millennial-friendly. These include Kansas City (in the number one spot), Tampa, Houston, and Seattle.

Many of these cities are located in states that have good reputations with small businesses. Texas, for example, does not charge residents with personal income tax. Florida also boasts no income or state tax.

While millennial entrepreneurs can start a business virtually anywhere, it does help to do a little background research first. Consider everything from the cost of living to tax codes when selecting a state to do business.

It’s Cathartic To Do Something That Matters

We are often taught to be afraid of something before it begins. In a similar vein, we are taught to push until you have only the best — best job, relationship, life — which then produces happiness.

Many never anticipate that the beaten path might, in fact, actually be the best thing to happen to us. The idea that you have in your head and want to test out might be the next small business to revolutionize an entire industry. If you don’t try, and stick to the same-old, same-old, you’ll never know.

The question now is if not start a business now, when will you do it? Are you ready to leap and see what kind of difference your business can make?

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney

http://www.mycorporation.com

#TheGameFinale – What’s your plan B? by @VizionsCon

September 6, 2013 by DeKesha Williams 2 Comments

#TheGameBET

by DeKesha C. Williams | Feature Contributor

I’ve been watching the TV series “The Game” for years now but this episode really had us on our toes. What really stands out to me about this finale is the lesson behind all of the drama. Today marked the end to Malik’s football career, “Mr. 80 million” but he spent this entire season focused on investing in new income streams. When we watch television shows of this magnitude we have a tendency to focus on the surface. We get so caught up in the relationships like Blu and Keira or Jason Pitts and Chardonnay! We never look beyond the characters and the plot to identify an opportunity for a life lesson.

The plot for The Game thickened as Malik was severely beaten leaving a movie premiere party. It sets the stage for a long anxious week of knowing whether he will survive. Malik has spent years with this series and has established a prominent and key role. I realized that no matter how important your role or how much your paycheck is that everything in life lasts for a season. Malik’s football career as clearly reached the capacity of his season.

Malik has attempted at burger businesses and bikini opportunities. He’s tried convincing business consultants that he’s ready to transition into a business owner. It was evident to Malik that football will not last forever. So many of us are caught up in the NOW and fail to realize that we’ve “put our eggs in one basket!” That means that we become complacent and solely rely on one source or means for providing for our families. We choose not to see beyond the present and are in denial that it could diminish tomorrow.

I personally lost the same job twice in 2010 & 2012 when our company immediately ceased operations. It was then that I realized that I needed to invest my time in multiple streams of income. You need to understand that our JOBS are replaceable and so are we.

Robert Kiyosaki stated 3 advantageous tax saving strategies for business owners and they are as follows: start a business, purchase a franchise or invest in a network marketing company. Have you ever dreamed of owning a small boutique? It’s time to make this your moment to make it happen and stop putting it off. For those of you that have an entrepreneurial spirit but no creativity then look at franchising opportunities. Lastly companies like Mary Kay, 5 Linx and Amway have been around for years. They are network marketing companies that build residual income, bonus opportunities and stock options.

With the economy and jobs at an all time low and gradually increasing. It’s critical for families to create a financial shelter that doesn’t solely rely on linear income.

What’s your thoughts? Have you created a financial back up plan for your family?

Share your success below.

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DeKesha C. Williams – Business Strategist, Vizions Consulting – Richmond, VA

I have over 17 years of experience in retail management working for organizations such as Hecht’s, Ann Taylor Loft and FootAction USA. I received a B.A. degree in Fashion Merchandising in 1999 and recently receive a M.B.A in Finance in 2010. For the last 4.5 years I’ve operated 13 private photography studios from Atlanta, GA to Columbia, MD and have been responsible for managing 60+ employees as a District Manager. During this time I was given the opportunity to open 6 of the 13 stores within my first two years with the company , which included hiring, staffing and training all employees.

My skills included, but were not limited to fashion merchandising with companies such as Macys and Ann Taylor Loft. Participating in floor sets and marketing responsibilities as both manager and District Manager as well as creating sales projections and action plans for stores across 5 states for more than 3 years.

It was approximately 7 years ago that I participated in a “Spiritual Gifts” class at church and it was there that I realized that God had given me specific talents regarding administration, leadership with a “knack for motivating individuals through faith and wisdom. Although God had revealed my talents to me, I was not prepared to embrace them. Thus I was the servant who dug a hole and buried his treasure/talent. Matt 25:14

Facebook: https://www.facebook.com/VizionsConsulting

Twitter: https://twitter.com/VizionsCon

DeKesha Williams

http://www.vizionsconsulting.com