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[+] Legal Woes Mount for a Foreclosure Kingpin - Leigh Attridge/MA (2 replies)
12/9/2010 7:45:50 AM (4693 views)

[+] Altisource Portfolio Solutions - Patrick Hand/FL (1 reply)
12/8/2010 5:34:58 PM (3831 views)

Fast Forward Abstract NO PAY - Shannon Budziak/VT
12/8/2010 11:26:03 AM (2775 views)

[-] Sole Proprietor or LLC ? - F P/VA (11 replies)
12/8/2010 9:39:34 AM (3356 views)
Re: Sole Proprietor or LLC ? - Robert Franco/OH
12/8/2010 10:28:32 AM (3184 views)
Re: Sole Proprietor or LLC ? - K C/NJ
12/8/2010 2:46:56 PM (3442 views)
Re: Sole Proprietor or LLC ? - Kevin Ahern/CT
12/8/2010 3:53:45 PM (3405 views)
Re: Sole Proprietor or LLC ? - William Pattison /CA
12/9/2010 3:57:56 PM (3390 views)
Re: Sole Proprietor or LLC ? - Kevin Ahern/CT
12/11/2010 11:40:24 AM (3283 views)
Re: Sole Proprietor or LLC ? - F P/VA
12/10/2010 9:27:12 AM (3307 views)
Re: Sole Proprietor or LLC ? - Kevin Ahern/CT
12/11/2010 11:51:12 AM (3137 views)
Re: Sole Proprietor or LLC -- HOW 'BOUT CORPORATION? - Alix Ott/MI
12/13/2010 8:05:00 AM (3198 views)
Re: Sole Proprietor or LLC -- HOW 'BOUT CORPORATION? - Robert Franco/OH
12/13/2010 9:53:19 AM (3246 views)

This is really more of a tax issue than a choice of entity issue.  There are some tax advantages to corporations for owners, however, you don't have to form a corporation to get them.  With the "check the box" tax selection, an LLC can choose to be taxed as a corporation.

Generally, an LLC for choice of entity will work well for most people and you don't have to worry about the corporate formalities that most small businesses don't want to be bothered with.  Another big concern I consider is what happens if one of the owners gets sued.  If a creditor of a member of an LLC gets a judgment against him, it can only get a charging order requiring any disbursements made to the member be paid to the creditor.  The creditor cannot acquire the member's membership interest and become a part owner.  With a corporation on the other hand, the creditor can get the owner's stock and become a full fledged voting shareholder.

A corporation has some advantages, though, particularly if you want to sell stock in the business.  And, the law is much more settled in the area of corporation than LLCs, which provides more predictability.

Of course, state law may vary, so always check with your attorney before making any decisions.

 

Best,
Robert A. Franco
SOURCE OF TITLE

 

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Re: Sole Proprietor or LLC -- HOW 'BOUT CORPORATION? - Diane Brewer/SC
12/13/2010 10:22:31 AM (2988 views)
Re: Sole Proprietor or LLC -- HOW 'BOUT CORPORATION? - Kevin Ahern/CT
12/13/2010 10:51:45 AM (2887 views)

[+] Need info on a Company? - Joyce East/GA (9 replies)
12/7/2010 2:07:05 PM (3462 views)




[+] Foreclosure alternatives - ESOP in Ohio - Leigh Attridge/MA (2 replies)
12/7/2010 1:46:51 PM (4380 views)

Nimby in Westwood Ma. - Leigh Attridge/MA
12/6/2010 1:23:23 PM (4001 views)

[+] National Court Research- CA - Martha Moon/FL (1 reply)
12/6/2010 11:38:32 AM (3041 views)

[+] Nationwide Title Clearing, Inc. - Lawrence Gordon/MN (2 replies)
12/6/2010 10:15:40 AM (3548 views)

[+] Boston Globe article - MA Sec'y State now wants court approval for foreclosures - Leigh Attridge/MA (1 reply)
12/6/2010 7:27:46 AM (4485 views)

NYT article on foreclosure malfeasance by BOA & others - Leigh Attridge/MA
12/4/2010 7:52:21 PM (4316 views)

[+] California County Discriminates Against Aliens - William Pattison /CA (1 reply)
12/3/2010 7:09:56 PM (2749 views)

[+] Recording liability - Karen Smith/ME (6 replies)
12/3/2010 6:51:14 AM (3210 views)

[+] Comment on "The "Title Recession"-- in Graphs" - Source of Title/OH (2 replies)
12/2/2010 12:21:48 PM (2783 views)

[+] RealDetailed - heard of them? - Pat Strasburg/MI (5 replies)
12/2/2010 12:16:21 PM (3167 views)


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