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Things to Consider When Forming a Company

Posted by attorney Diane Wies

When you are forming a company that is going to have more than one owner, here are a few things to consider:

  • What would you like to name the company?
  • Are there any Tradenames you would like to use?
  • What type of company should it be (e.g. C-corporation, S-corporation, LLC)?
  • What will be the company's address?
  • Who will be the resident agent?
  • Who will be the CPA for the company?
  • Who should serve as the officers and directors?
  • Upon the death of an owner should the owner be bought out?
  • Upon the disability of an owner should the owner be bought out?
  • Do you want to restrict sales of the company to third parties?
  • Should an owner be able to transfer his/her interest to a spouse or children?

This information was prepared as a public service by Mullavey, Prout, Grenley & Foe LLP. It contains general information and is not intended to apply to any specific situation. The information is very broadly and simply stated. There are a number of exceptions and specific rules that apply to your particular situation and lead to a different result. If you need legal advice or have questions, you should consult a lawyer.

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