Important Factors to Consider When Establishing Your Business’s Legal Structure


There are a variety of ways to start out your own business. Although you can start up your own small business and become self-employed, there are also various ways of forming a conglomerate with business partners and friends. However, the process of legally establishing a business model can be a bit more complex than usual and will usually require a great deal of time and planning.

So what are some important factors that you’ll need to consider when you’re establishing your business’s legal structure? How do you form a corporation with other business partners that can help accelerate your business’s momentum? Here’s what you need to know:

The Complexity of the Process

First and foremost, one of the most important factors of establishing a business’s structure is acknowledging that certain types of business models are more complex than others.

When you’re running and establishing your own small business, you will need to have the right staffing and resources. A sole proprietorship is usually known for being one of the simpler forms of making a personal income. Of course, you’ll need to go through various hoops to register your name, your business’s name, report your profits, and file taxes based on your income. But there will be situations where you’ll also need funding from outside sources, especially business partners and investors. This can make the process a bit more tricky than usual.

Establishing your own business and an efficient way of doing your daily operations is already complex; what more if you have to worry about your business’s legal structure and procedures? Fortunately, you won’t have to worry too much about the complexity of the process since there are vetted professional entity filing lawyers that can help you set up your organization. Having professional help and supervision is an excellent way of expediting the process while outlining your organization’s future.

Corporate Liability

Another important factor that you will need to consider if you plan to do business with other shareholders is a liability. Compared to personal liability, the law usually states that a corporation is its own entity. This means that if there is a legal dispute, customers will need to sue the corporation. However, these customers cannot have access to the personal assets of shareholders.

man receiving money

Capital and Investments

One of the most important parts of establishing your business’s structure is accounting for your capital and investments. For many small businesses, relying on income and the employer’s financing isn’t enough when it comes to funding. There are many ways of getting a monetary boost in funding, but one of the most effective ways of getting an advantage is by finding investors.

If there are many venture capitalists and investors who want shares for your business, it’s better for you to establish a corporation. Compared to just having a sole proprietorship, setting up a corporation can help expedite the process of funding your business. Not only does this expedite the need for funds, but this is also a more efficient way of obtaining capital and equipment.


Last but not least, one of the most important parts of managing a business is who has control over daily operations, especially in different aspects of the organization. If there are investors and shareholders, there’s a good chance that they will want to have some form of control over certain aspects. But right before you many any final decisions on your business’s legal structure, you’ll need to negotiate about the control with your business partners.

Each type of business organization will have its own way of managing control. For instance, corporations will usually be governed by a board of directors that will make all the major company-wide legal decisions that will drive the company’s success. However, there will be instances where the legal sole proprietor of a business can also become a board director once the business becomes large enough that there will need to be several entities that can help supervise operations. Whatever the situation may be, each type of management for your organization will have its own merits and advantages.

As you can see, you’ll need to consider a variety of factors when it comes to establishing a business. The first step to having your own business venture with other individuals is establishing a strong legal structure to ensure that everything has been clearly agreed upon. Right before making any final decisions, it’s best to be clear with your investors and everyone else on what your course of action and business plan is.

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