With a sole proprietorship, you have full control of your business, even more control compared to the partnerships and corporation business structures. In many cases, the owner of a small business will opt to start out using a proprietorship. The owner will probably look at a corporation, forming a partnership or even a Single Member Limited Liability Company (or sole LLC) as the business grows.
What Is A Sole Proprietorship And What Can It Do For You? This is the most popular and easiest type of business to create. Just like the name indicates, a sole proprietorship has just one owner who is responsible for the operation, earnings and obligations of the business. All earnings and profits go to the sole owner. On the other hand, financial obligations, including debts, are likewise the responsibility of that single owner. Strengths and weaknesses include: • A sole proprietorship is straightforward to register and is usually the simplest to launch. Based on the particulars of the business, launching this kind of business needs to have only a small amount of operating capital. • Given that the business is made up of a single owner/operator, that individual has the benefit of making every business decision. The owner has total control. Conversely, if that individual gets sick or is somehow not physically available, the business will be affected, which then will put earnings at serious risk. • Even though the owner gets all the profits, that individual is also fully liable for all financial obligations and business responsibilities. Therefore, the personal assets of the owner are susceptible to claims. By law, that individual is fully responsible for business actions; therefore, that individual might additionally be found legally responsible for mistakes and misconduct in the business operations. In addition, even though the regulatory factors are usually relaxed, income taxes are calculated on the personal amount, and when income increases, the tax percentage will too.
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27/6/2019 0 Comments NETWORK & CLIENT SPOTLIGHTThis is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. Describe your services or product? Mortgage loans for citizens and residents of the United States and foreign investors. Both for the purchase or refinance of residential and commercial properties. Where do you reside? / Donde Reside? Miami, FL What is your hidden talent? Solve the most complicated cases in mortgage loans. What is something that most people do not know about you? I learned to play piano before I learned how to read. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon) A cruise around the world in 90 days Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) Buyers that are: professionals, savvy investors, foreign buyers of second and investment properties, work transfer's from overseas, foreign companies open branches in Florida in need of financing real estate. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? Accountants. Real Estate Agents. Attorneys in: Business, Divorce and Immigration. Developers. General contractors. What is your contact information? Email: jorge.rawicz@fembi.com. Cel: 30-299-2289 What is the key to your success or favorite quote? Persistence, honesty and loyalty Please let us know how we can help you with a referral or introduction to this professional or other similar ones. Contact us at 305-548-5020 or email us at fd@molawoffice.com.
This is a post by the Law Office of Yoel Molina, P.A. A law office based in Miami, Fla. We focus on business, corporate and civil litigation matters. Our services are available to clients based in Miami, Ft. Myers, Naples, Orlando, Tampa, Ft. Lauderdale, Jacksonville, Palm Beach, Mexico, Argentina, Chile, Colombia, Panama, Russia, Ukraine, India, Turkey and beyond. Call 305-548-5020 or email us at fd@molawoffice.com for more information. 26/6/2019 0 Comments Why Forming A Sole Proprietorship Might Be The Right Choice For Your Business Or Might Not!A Sole Proprietorship is a business that is run by only one person. Most states do not require a sole proprietorship register the same way as a corporation or a limited liability company, often called an LLC. Check with your state to find out what your responsibilities are. Without a doubt, it is the easiest form of business to set up and operate. Some sole proprietorship owners will apply for a separate tax ID but most use their personal social security number. What you might not know, you are required to register your business, will be responsible for all taxes for the business, and must apply for a license, and other permits if applicable. Let's break down a Sole Proprietorship and what you need to know: Starting A Sole Proprietorship & What You Need To Know:
Because some states do have laws in which a sole proprietorship must be registered and have a license to operate, always check ahead of time. You will have to acquire all required permits in order to operate. It's important to understand that you should not use your business as a tax shelter or other escape clause for your profits. The profits made from your business will be viewed as income that must be claimed on your personal tax returns. The Disadvantages Of A Sole Proprietorship: Unlike a Corporation or a Limited Liability business, you will not reap the benefits they enjoy. Although a sole proprietorship is the easiest to set up, keep in mind, any debts your business incurs, you will have to pay. If you don't, creditors can come after you and seize your personal assets if you cannot afford to pay them off. If you get into trouble with a sole proprietorship, it could wipe out your bank account and your home could be possessed. Sole Proprietorships & Taxes: A sole proprietorship is seen as a business and owner as one. Unlike other business structures that pay their taxes through the company, you are personally responsible for taxes. All taxes are claimed by the owner, including all losses and gains. Along with withholding funds for Federal and State taxes, you might also have to pay taxes for your social security and Medicare. How Registration Works: You will have to register and pay a small tax which will then give you a license and tax registration certificate in order to run your business. You should also apply for a federal employer identification number through the IRS. This identification number will allow you to withhold taxes from future employees you might hire. Also, apply for a zoning permit from your local land planning board, if applicable. If you want a business name instead of using your name, you have to register the name with your local county or state and known as a DBA or Does Business As. Before starting a Sole Proprietorship, you should know all your personal responsibilities and consequences that might come along. Talk to someone who has the knowledge and experience in business structuring to find will work best for you, before proceeding.
About Liabilities:
Members are not normally held responsible for the company's debts that they did not personally pledge. Their assets including savings accounts and homes are protected if the company falls into bankruptcy or if it is under a lawsuit. That said, that is not always the case. Courts can set aside limited liability and hold shareholders or directors personally responsible for the company's debts which are known as “Piercing The Corporate Veil”. This usually only happens when there have been charges of fraud or other criminal actions by the members. This is not an area that is easily predictable because the courts will deem what they consider and criminal act or fraud. About Ownership: A Limited Liability Company is not required to have a certain set of members. That said, if there is only one owner, then their LLC will be taxed as a Sole Proprietorship. Therefore, you should look into the advantages and disadvantages of a Sole Proprietorship. Owners do not have to be residents or citizens of the US and, in some areas, your LLC can actually be owned or a member of another LLC. As an LLC, you do not have to hold board of directors or shareholders meetings. Members will decide the various aspects of the company such as what management or ownership structure will be in place. Members will determine profit distribution, who will be a managing member, and which members are allowed to vote. About Taxes: As mentioned above, members can report the company's profits on their individual tax returns, unlike corporations. They will not be taxed twice on the income of the business and their personal earnings. Members earned income is usually created by running the business and/or through regular pledged payments. One of the best advantages regarding taxes is having the ability to deduct health insurance costs, or any losses incurred by the business and claim it on their individual taxes. Keep in mind, if you are a managing member, your income is subject to self-employment taxes. While members who are not managing members are not held under self-employment taxes, they are limited in what can be deducted on their personal taxes, including company losses and expenses. Under The LLC's Operating Agreement: This agreement may be used to dictate how a member's interests are transferred or sold to someone else. For instance, if a member wishes to sell their shares or set up an agreement to pass their shares on to their family, in the case of their death, it can be easily accomplished. This is a great deal easier to carry out and not bog down members with extensive paperwork or company bylaws. This will protect family members from dealing with problems or facing unforeseen consequences from not dealing with problems that could arise around the corner. The entire process of transferring interests is very easy. When a member dies, the assets are immediately passed on to the family without facing inheritance taxes, in most cases. There are many excellent advantages but also make sure you understand the disadvantages in forming an LLC. Study up and do your homework to determine if this is the right avenue for you! When you start a new business, your decision to incorporate or not is a critical one. Sole proprietorships (narrow scope), partnerships (not as much protection from personal liability) and limited liability companies (LLCs) are other kinds of legal business structures to consider. Corporations, like any other legal structure, have specific benefits and drawbacks. The nature and your kind of business will be a deciding factor if you should incorporate or not. PROS
Legal Liability Protection for Owner: When the new owner(s) of the business have successfully incorporated, they have a reduced level of legal responsibility for the corporation's business functions and debts, since the law sees the corporation as an independent entity. For the corporation to keep its limited liability status, the owners have to adhere to certain mandatory legal corporate formalities. Ability to Attract Investors: The Corporation can attract investors by issuing stock to provide capital for expansion of the business. Power Structure: Corporations have a proven power and management framework that includes directors, officers as well as shareholders. The roles and responsibilities are clearly outlined for the various groups in the corporate structure. Employee Stocks and Stock Options: Large corporations have the ability to offer stock benefits and stock options (employees can buy the stock at a predetermined price) as an appealing option for potential employees. CONS Time and Expense of Incorporation: Incorporating is a time-consuming and costly process. Numerous documents have to be prepared (like articles of incorporation and bylaws for the new corporation), along with filing fees that are paid to the Secretary of State Office or similar agency in your state. Following Corporate Procedures: All corporations have to follow certain corporate procedures by law, which guarantees that the corporation is functioning as a separate entity, independent of the owners of the business. These steps consist of regular directors meetings, maintaining corporate activity records and sustaining the continuing financial autonomy of the corporation. Potential Tax Liability: Traditional corporation profits might be "double taxed." This means that profits earned by the corporation itself are taxed and individual stockholders who received dividends from the corporation are taxed too. This usually happens in bigger corporations and might not affect the owners and stockholders of smaller corporations because they are usually employed by the business itself and get salaries, which is a tax deduction for the smaller corporation instead of dividends. The tax status of an "S" corporation is a possible solution to double-taxation. Can An Individual Buy & Sell Stock?
If an individual buys stock in a corporation they will received a certificate that shows how many shares they have purchased. With a public company, the individual can transfer any and all of their stocks as well. If an individual wishes to sell their shares, they do not need the approval of other stockholders and the same is true for purchasing stocks. Privately held companies may have restrictions on the transfer of stocks. Do Investors Manage The Corporation? In general, no. Most corporations hire their own team of managers to operate the company. The investors will vote to decide who will hire the management team. How Corporations Raise Capital: A corporation can easily raise capital by selling stocks and bonds which provides the corporation with a greater amount of resources because they are not limited to a small number of people. Because of limited liability and the ability to transfer ownership rights makes it very easy to raise capital by selling stocks and issuing bonds. Corporations Must Deal With Problems Or Pay The Consequences: A corporation's objective should be dealing with at least 80% of all problems. There should always be a set deadline for making decisions and stay with those decisions. Decide who will be responsible for solving problems. If a corporation does not have someone in place, there can be serious repercussions. Problems that can arise might be due to poor management, unforeseen damage to stockholders, not realizing the full potential value of a corporation, and not offering incentives for better management. Are There Government Regulations For Selling Stock? There are government regulations in place for selling stocks in order to protect the stockholders and the owners. State laws have their own requirements for issuing stocks and distributions to the stockholders. Publicly held entities with stocks trading on the stock exchange are required to file their financial statements and other needed documents with the Securities and Exchange Commission. Federal securities laws govern the sales of stocks. 20/6/2019 0 Comments NETWORK & CLIENT SPOTLIGHTThis is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. Describe your services or product? Boutique Immigration Law Firm offering general Immigration services including Family-Based Visas, Naturalization, Defense in Deportation Proceedings and Investment and Employer Visas
Where do you reside? Miami, FL What is your hidden talent? I am an expert multitasker. What is something that most people do not know about you? I danced ballet for nearly 10 years. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon). I would love to travel the world- top of my list right now is Australia/New Zeland Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) A foreign national looking to start or purchase a business in the United States. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? Business Brokers, Business Attorneys, Family Attorneys, CPA's. What is your contact information? (305) 741-4214 or melissa@mdominguezlaw.com What is the key to your success or favorite quote? If you can dream it, You can do it- Walt Disney.
Unlike an individual, a corporation cannot run for a public offers or vote.
How A Company Becomes A Corporation: In order to become a corporation, they must file an application that provides articles of incorporation with the State of residence, pay the incorporation fee, and must be approved by the State. Once approved, they must create their bylaws. Because drafting bylaws is one of the most important steps for forming a corporation, it's essential there is an attorney on board. The attorney will watch over transactions to ensure everything is conducted properly. Other organizational costs include legal fees, fees for the underwriters for stocks and bonds, and incorporation fees that are recorded as intangible assets. The stock certificates represent ownership of the corporation and the owners are the stockholders. There are several activities that stockholders deal with including voting for the members of the Board of Directors and other issues that require the actions of the stockholders. Stockholders can also deny additional shares being offered in order for them to maintain greater control of ownership both before and after the distribution of shares. There are several aspects that separate a corporation from other businesses such as partnerships or sole proprietorship. Forming a corporation can provide a sense of accomplishment, prestige, and a great deal of satisfaction once everything is in place. Who Elects The Board Of Directors? The Board Of Directors are elected by the shareholders that are nominated to be brought before the shareholders. In many cases, this is done by the founder of the corporation. Does A Corporation Have Perpetual Existence? The charter of a corporation can limit its life but the charter is usually extended. A corporation will continue even if a stockholder dies, an employee is unable to continue, stocks are sold, etc. A corporation is owned by stockholders but managed by the employees. Can Creditors Take Stockholders' Assets? The liability of a stockholder is limited to the amount they have invested in the corporation. Their personal assets are off limits to creditors that are looking for payments owed by the corporation. Corporations Can Own Property & Have Certain Rights: Corporations are considered separate legal entities that perform business operations. It can own property, enter into binding contracts, borrow money, pay taxes, and can be sued or can sue. 13/6/2019 0 Comments NETWORK & CLIENT SPOTLIGHTThis is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. Describe your services or product? I provide a full range of services to buyers and sellers of residential real estate, particularly those going through the divorce process. Divorce is a unique and sensitive situation that requires a specific set of skills and experience to handle carefully. Where do you reside? Miami, Florida What is your hidden talent? Can't say I hide any, but let's go with writing. I write. What is something that most people do not know about you? I'm a sensitive person. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon). This is a tough one because my bucket list is quite long, and I'm constantly re prioritizing. However, I'd like to take a hot air balloon ride in Turkey, hike in Machu Pichu, hang-glide somewhere in Europe and picnic under a Tuscan tree. Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) I work with domestic residents. I cater to young professionals looking to purchase their first home and families looking to up-size. I also target a very specific niche: the divorce niche. I help couples dispose of the asset(s) that bind them together, such as their primary home. The most important detail relative to this "client profile" is the divorce/separation. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? I wish to meet with professionals who target the divorce industry. This includes: family law attorneys (litigators and collaborative law practitioners), mediators, judges, mental health professionals and life coaches. What is your contact information? You can reach me at Raquel@featuredre.com or at (305) 978-3279. What is the key to your success or favorite quote? "The greater danger for most of us lies not in setting our aim too high and falling short, but in setting our aim too low and reaching our mark." Michelangelo Buonarroti Please let us know how we can help you with a referral or introduction to this professional or other similar ones. Contact us at 305-548-5020 or email us at fd@molawoffice.com.
This is a post by the Law Office of Yoel Molina, P.A. A law office based in Miami, Fla. We focus on business, corporate and civil litigation matters. Our services are available to clients based in Miami, Ft. Myers, Naples, Orlando, Tampa, Ft. Lauderdale, Jacksonville, Palm Beach, Mexico, Argentina, Chile, Colombia, Panama, Russia, Ukraine, India, Turkey and beyond. Call 305-548-5020 or email us at fd@molawoffice.com for more information. 5/6/2019 0 Comments NETWORK & CLIENT SPOTLIGHTThis is our blog series on professionals that I count on to support my clients, colleagues and me. Thank you for your professionalism my friends! Contact them directly for help. Describe your services or product? I run a full service law firm in India that caters to domestic and international clients on matters ranging from corporate/commercial transactions to civil/criminal cases before different Indian and international forums. My firm is also pioneering a number of ADR services in central India.
Where do you reside? Bhopal, Madhya Pradesh, India What is your hidden talent? I am quite adept at writing and photography. What is something that most people do not know about you? That I am an avid foodie and photographer. What is the top item on your bucket list? (For example a place you wish to visit or activity that you wish to engage in like a marathon). Traveling to all continents before I am 40. Describe the profile of your client? (Keeping in mind possible clients in foreign countries.) The majority of my clients are domestic and international corporations/individuals looking to do business in India or seeking assistance in a different common law jurisdiction. However, I have also been able to create a niche for myself in the ADR industry and I specialize in guiding my clients through arbitration and mediation proceedings in corporate/commercial disputes. Describe the profile of the strategic referral partners that you wish to meet both in and outside of your country? We would love to connect with law firms and individual lawyers who are looking for a cost effective partner that can provide legal and transactional advisory services for jurisdictions like India, the United States, Singapore, Australia and the United Kingdom. All our referral partners will find that my law firm can provide high quality services at very reasonable prices that eventually translate to highly satisfied clients. Our low operational costs and highly trained lawyers are the best resource for any law firm or lawyer seeking to guide and advise a client through corporate/commercial transactions in any of the above jurisdictions. What is your contact information? Email: tanmaypandey@pinelawpartners.com | Cell: +91-9584-22-8282 What is the key to your success or favorite quote? My patience and attention to detail has considerably helped me professionally, but I think I have a long way to go before I can actually achieve my definition of success. My favourite quote is by Cicero - "Well begun is half done." Please let us know how we can help you with a referral or introduction to this professional or other similar ones. Contact us at 305-548-5020 or email us at fd@molawoffice.com. This is a post by the Law Office of Yoel Molina, P.A. A law office based in Miami, Fla. We focus on business, corporate and civil litigation matters. Our services are available to clients based in Miami, Ft. Myers, Naples, Orlando, Tampa, Ft. Lauderdale, Jacksonville, Palm Beach, Mexico, Argentina, Chile, Colombia, Panama, Russia, Ukraine, India, Turkey and beyond. Call 305-548-5020 or email us at fd@molawoffice.com for more information. |
AuthorYoel “Mo” Molina and I am a lifelong resident of Miami, Fl. I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S. 1997 and University of Maine School of Law, J.D. 2001. I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office. I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters.. Archives
December 2020
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"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team." Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts. |
"Yoel has been responsive and attentive to our company’s best interests and needs. He has been a valuable resource to our company. Any company that enlists his services would be in good hands-- including our own clients.” Corporate Client Gibran Flynn - Co-Owner and Founder of Eleva Solutions, Inc., the South Florida leader of outsourced HR, Staffing, Training, and Loss Prevention. |
"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC. In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP. As in, the very next day! I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo. I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered. I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!). I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"
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