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FILING YOUR CORPORATION OR LLC


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There are two threshhold questions: (1) who will incorporate/form the company, and (2) who will be your registered agent. Concerning the registered agent, you may or may not be able to "do it yourself", but you could do the formation itself or have it done for you by someone else. The person who incorporates/forms the company may not be the proper person to be the agent or to dictate the choice of who should be the agent. For more on the registered agent question, click here.

Getting back to the incorporation/formation question, any money you pay to anybody to incorporate/form is wasted (from the standpoint of legal limitation of liability) if you are a one person operation and you never have a problem with lawsuits involving damages exceeding the assets in your corporation/llc. There may be tax benefits you gain by incorporating which exceed the cost of the process, but we will leave that up to you and your tax accountant. So what should you do? We call this a "sleep at night" question, and we will deal with it from the legal standpoint only and assuming that you do not need the structuring advantages you get from the established structures which go with corporations or LLCs.

If lawsuits involving damages exceeding the assets in your corporation/llc do not bother you, do nothing - save your money. If these concerns threaten your sleep, on the other hand, incorporate/form your company. Do you do that yourself, or have it done for you, and in the latter case, by a lawyer or by a non-lawyer? Again, a sleep at night question. You should have enough confidence in the overall expertise of whoever does it that you believe that your individual concerns are properly addressed. If you have enough confidence in your own knowledge and skills, you can do it yourself. If you are not ready for that, hire someone. Next question: who to hire? Again, a sleep at night issue. The choices range from the day laborer who sets himself up at night as a web-based incorporation service to the cream of the crop corporation lawyers. The cost of the process will vary accordingly. To minimize that cost, look for a service where there is some initial review of your situation by a well qualified person with the balance of the work done by subordinates. In the end, however, you have the choice. It is proper that you should - just be careful about it. Click for lawyer assistance (from an Inc. Link affiliate) to hear about the costs and claimed advantages of lawyer services (or go to some other lawyer website) or click non lawyer assistance (from an Inc. Link affiliate) (or go to some other non-lawyer site) to hear about the costs and claimed advantages of non-lawyer formation.

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