It is very important to determine how to structure your Business and to make certain the the structuring plan takes into consideration the securities, tax and operational considerations of your business plan.  Many People use online services to set up business entities in other states or use pre-printed forms to establish their business even though they do not understand what they are filling out and signing.  It is very important to make certain that the Formation, Organizational and Operational documents are prepared on an accurate and timely basis.  Without this careful Business Structure and compliance with the formalities of Business Structuring, your business entity can be attacked in the future and the courts or the IRS can disregard the entity and allow personal liability as if no separate business structure ever existed.

In addition to Formation, Organizational and Operational formalities, securities issues and compliance are essential to keep you from running afoul of the State and Federal Securities laws.  This is a very complicated area of the law which is often ignored or misunderstood by small business owners who don’t think the securities laws apply to them.  In every business that raises funds from others or plans to expand by seeking private or public funding, consideration of the securities laws from the start with pre-determined structuring based on the securities laws and various exemptions from them, will save a lot of time and trouble down the road.

Tax Planning is most often considered when it is too late to do any preventative planning.  It is very difficult or impossible to do retroactive tax planning, so prudent business structuring includes strategic tax planning done well in advance of the time the tax returns will be due.  Creative and timely tax planning can save tremendous amounts of money in the appropriate business structure for your business.