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Small Business Lawyers' Advice on How to Establish the Right Entity
  • dimartinolaw
  • January 2, 2024

Small Business Lawyer Advice on How to Establish the Right Entity

When starting a small business, one of the key decisions you’ll need to make is choosing the right entity structure. The entity you select will have far-reaching implications for your business, affecting everything from taxation to liability protection. To help ensure you make an informed decision, we’ve gathered some valuable advice from small business lawyer.

Understand the Different Entity Structures:

One of the first steps in choosing the right entity is to familiarize yourself with the various options available. Common forms of business entities include sole proprietorship, partnership, limited liability company (LLC), and corporation. Each structure has its own unique characteristics and legal considerations, so it’s crucial to understand the advantages and disadvantages of each.

  1. Consider Liability Protection:

    Liability protection is often a significant concern for small business owners. Many choose to form an entity that limits their personal liability, such as an LLC or corporation. By doing so, your personal assets may be safeguarded in the event of a lawsuit or financial issue. A business attorney can help you assess the best entity type to protect you from potential risks.

  2. Evaluate Tax Implications:

    Another crucial aspect to consider is the tax implications of each entity structure. Some structures, such as sole proprietorships and partnerships, offer pass-through taxation, where profits and losses are reported on the business owner’s individual tax return. In contrast, corporations have a separate tax entity, resulting in different tax rates and potential tax planning opportunities. Consulting with a small business lawyer and an accountant can help you understand the tax implications and determine the most advantageous entity for your specific circumstances.

  3. Future Plans and Scalability:

    When choosing an entity structure, it’s essential to consider your long-term goals and business plans. Different structures may have varying impacts on growth potential, exiting the business, attracting investors, or bringing in partners. Considering your future plans can help you select an entity that aligns with your objectives and can adapt as your business grows.

  4. Seek Professional Guidance:

    Navigating the complexities of business entities can be overwhelming, especially for small business owners with limited legal knowledge. Engaging a knowledgeable business attorney early in the process can save you time, money, and headaches down the road. A skilled attorney can guide you through the intricacies of each entity structure, ensuring that you make an informed decision based on your unique needs.

  5. Compliance and Legal Requirements:

    Establishing the right entity also involves complying with legal requirements. Each entity structure has its own set of regulations that must be followed, such as filing specific documents with the state, maintaining proper record-keeping, and adhering to any necessary reporting obligations. Working closely with a small business lawyer can ensure that you fulfill all the legal requirements associated with your chosen entity structure

  6. Intellectual Property Protection:

    Depending on the nature of your business, protecting your intellectual property may be crucial. Certain entity structures offer more comprehensive protection for your trademarks, copyrights, patents, or trade secrets. A business attorney can advise you on the best entity choice to safeguard your intellectual property rights and minimize the risk of infringement

  7. Funding and Financing Options:

    The entity structure you select can also impact your funding and financing options. Some structures may make it easier to attract investors, secure loans, or participate in government programs. Understanding how each entity type interacts with potential funding sources will help you make an informed decision that aligns with your financial goals.

  8. Review and Update as Needed:

    As your business evolves, it’s essential to periodically review your entity structure to ensure it still aligns with your objectives and current business landscape. Changes in your operations, partnerships, or strategic direction may warrant a reassessment of your chosen entity. Consulting with a small business lawyer regularly can help you adapt and update your entity structure whenever necessary.

  9. Other Considerations:

    Remember that the advice provided here is general in nature and may vary based on your specific circumstances. It’s crucial to consult with a qualified small business lawyer who can provide guidance tailored to your individual needs. Legal professionals can help you navigate any complexities and ensure that your chosen entity structure. It provides the necessary framework to protect and support your small business.


In summary, selecting the right entity structure is a critical step in establishing a small business. By understanding the various options available, considering liability protection, tax implications, and future plans. It seeking professional guidance, you can make an informed decision.

Additionally, compliance with legal requirements, protecting intellectual property, exploring funding opportunities. It periodically reviewing and updating your entity structure will position your business for success. Consulting with Di Martino Law, a reputable small business lawyer, is crucial to ensuring. You receive personalized advice and tailored solutions for your unique circumstances.



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