Protecting Your Business with the Right Legal Foundation
Jeremy Eveland 8833 S Redwood Rd # A West Jordan, UT 84088, United States Phone: (801) 613-1472 Website: https://jeremyeveland.com
Starting or growing a business in Salt Lake County requires more than vision and ambition—it requires a strong legal foundation. One of the most critical documents for any multi-owner venture is a well-drafted Salt Lake Business Partnership Agreement. Whether you are forming a general partnership, limited partnership, or limited liability company with multiple members, your partnership agreement defines the rules, responsibilities, and protections that keep your business running smoothly.
Without a comprehensive partnership agreement, disputes, misunderstandings, and financial losses can quickly arise. Working with an experienced business attorney like Jeremy Eveland ensures your agreement is clear, enforceable, and tailored to Utah law.
This guide explains everything you need to know about partnership agreements in Salt Lake, what they should include, common mistakes to avoid, and why hiring an experienced attorney is one of the smartest investments you can make.
What Is a Business Partnership Agreement?
A business partnership agreement is a legally binding contract between two or more individuals who agree to operate a business together. In Utah, partnerships are governed by the Utah Uniform Partnership Act and related statutes. While Utah law provides default rules if no agreement exists, those default rules often do not reflect what partners actually intend.
A partnership agreement allows business owners to:
Define ownership percentages
Outline management responsibilities
Establish profit and loss distribution
Create dispute resolution procedures
Plan for exit strategies
Protect against liability risks
In short, this document governs how your business operates internally and how conflicts are handled.
Types of Partnerships in Salt Lake
Before drafting an agreement, you must determine which business structure best fits your goals.
1. General Partnership (GP)
In a general partnership, all partners share management responsibilities and are personally liable for business debts. This structure is simple but carries significant risk without a strong agreement.
2. Limited Partnership (LP)
An LP includes at least one general partner (who manages and assumes liability) and limited partners (who typically invest but do not manage daily operations).
3. Limited Liability Partnership (LLP)
Often used by professional groups like law firms and medical practices, LLPs offer liability protection to partners.
4. Multi-Member LLC
While technically not a partnership, many business owners use LLCs as partnership-style entities. An Operating Agreement functions similarly to a partnership agreement.
An experienced business attorney in Salt Lake will evaluate your goals and recommend the most protective structure.
Why a Salt Lake Business Partnership Agreement Is Essential
Too many entrepreneurs rely on handshake agreements or vague understandings. This is one of the biggest legal mistakes a business owner can make.
Here’s why a formal agreement matters:
Prevents Disputes
Clear written terms prevent misunderstandings over money, duties, or decision-making authority.
Defines Financial Expectations
Without written guidance, partners may disagree about salary, profit distribution, or reinvestment strategies.
Protects Against Liability
A well-drafted agreement helps reduce exposure to personal liability and clarifies risk allocation.
Establishes Exit Procedures
What happens if a partner wants to leave? Retire? Sell their share? Pass away? Without written rules, disputes can escalate quickly.
Ensures Utah Law Compliance
Utah-specific legal requirements must be met to ensure enforceability.
Key Provisions Every Partnership Agreement Should Include
A strong Salt Lake Business Partnership Agreement should cover the following essential components:
1. Ownership Structure
Specify each partner’s ownership percentage and capital contributions.
2. Roles and Responsibilities
Clearly outline who handles:
Financial management
Operations
Marketing
Hiring and staffing
Contract negotiations
3. Profit and Loss Distribution
Define how profits and losses are allocated. This may or may not align exactly with ownership percentages.
4. Decision-Making Authority
Determine which decisions require:
Majority vote
Supermajority vote
Unanimous consent
5. Capital Contributions
Specify whether partners are required to contribute additional capital in the future.
6. Dispute Resolution
Include mediation or arbitration clauses to avoid expensive litigation.
7. Buy-Sell Provisions
Establish how ownership interests are valued and transferred.
8. Non-Compete and Confidentiality
Protect business interests if a partner leaves.
9. Dissolution Terms
Define what happens if the business closes.
Common Partnership Mistakes in Salt Lake
Many business owners make avoidable errors, including:
Using generic online templates
Failing to update agreements as the business grows
Not addressing death or disability of a partner
Ignoring tax implications
Failing to include clear dispute resolution procedures
A poorly drafted agreement can cost far more in future litigation than the upfront cost of hiring a qualified attorney.
How Utah Law Impacts Your Partnership Agreement
Utah partnership law sets default rules that apply when an agreement is silent. For example:
Equal profit sharing may be assumed
Equal voting power may be presumed
Partners may be personally liable
These defaults often conflict with what partners actually intend. That’s why a customized agreement drafted by a knowledgeable Utah business attorney is critical.
When Should You Hire a Business Attorney?
You should contact a business attorney:
Before forming a partnership
When adding a new partner
When restructuring ownership
When disputes arise
When preparing for succession or sale
Early legal guidance can prevent years of conflict.
Why You Should Call Attorney Jeremy Eveland
When drafting or reviewing a Salt Lake Business Partnership Agreement, experience matters. Attorney Jeremy Eveland provides personalized legal counsel tailored to Utah business owners.
Here’s why clients trust him:
Extensive Business Law Experience
Jeremy Eveland understands Utah’s business landscape and partnership statutes. He provides practical, strategic guidance—not just boilerplate contracts.
Customized Legal Documents
Your business is unique. Jeremy drafts agreements that reflect your specific goals, structure, and risk tolerance.
Dispute Prevention Focus
Rather than reacting to problems, he helps clients prevent them through clear, comprehensive documentation.
Clear Communication
Business owners appreciate straightforward explanations and actionable advice.
Strategic Risk Management
A partnership agreement isn’t just paperwork—it’s risk management. Jeremy identifies potential conflict areas and addresses them before they escalate.
Local Knowledge
Operating out of West Jordan, he understands Salt Lake County’s business environment and court systems.
What to Expect During the Process
When you contact Jeremy Eveland, the process typically includes:
Initial consultation to discuss your business structure and goals
Review of existing agreements (if any)
Identification of potential risks
Drafting or revising the partnership agreement
Final review and execution
This collaborative process ensures your agreement truly reflects your intentions.
Long-Term Benefits of a Strong Partnership Agreement
A well-drafted agreement provides:
Stability
Predictability
Investor confidence
Reduced litigation risk
Clear succession planning
It also demonstrates professionalism to banks, investors, and vendors.
Final Thoughts
A Salt Lake Business Partnership Agreement is not just a formality—it is the backbone of your business relationship. Without it, you leave your company vulnerable to disputes, financial confusion, and unnecessary liability.
Protect your investment, your reputation, and your future by working with a knowledgeable business attorney who understands Utah law and partnership dynamics.
If you are forming a new partnership, restructuring ownership, or need to update an existing agreement, now is the time to act.
Contact Jeremy Eveland Today
Jeremy Eveland 8833 S Redwood Rd # A West Jordan, UT 84088, United States Phone: (801) 613-1472 Website: https://jeremyeveland.com
Call today to schedule a consultation and secure the legal foundation your business deserves. Your partnership’s success starts with the right agreement—and the right attorney.
If you are looking for a lawyer to help you with your South Jordan Utah Business for Succession Planning, you’ve found the right page. A company needs a business lawyer for a variety of reasons. First and foremost, a business lawyer can provide legal advice and representation in a variety of areas. This can include contract formation, intellectual property, labor and employment laws, tax laws, and more. Having a business lawyer on hand ensures that a company is aware of all applicable laws and regulations, and can ensure that the company is in compliance.
Business succession is a critical component of business planning and can be defined as the process of transferring a business from one owner to another. It is a complex process, as it involves assessing the state of the business, understanding the legal implications of the transfer, and planning for the financial implications of the transition. In the United States, business succession law is governed by state laws and it is important for business owners to understand their state’s specific laws and regulations.
For example, in Utah, business succession is a complicated process due to the state’s unique laws and regulations. In addition, there are a variety of business entities, including sole proprietorships, partnerships, corporations, and limited liability companies, that may affect the succession process. To ensure a successful transition, business owners should consult with qualified commercial lawyers or attorneys who specialize in business succession law and estate planning.
One of the first steps in business succession planning is to create a business succession plan. This plan should include a detailed assessment of the business, the current owners and partners, the potential successors, and the type of entity the business operates under. It should also include a buy-sell agreement to ensure that ownership transfers smoothly and a partnership agreement to ensure all partners understand their role in the transition. Additionally, the plan should include a detailed estate plan to address any tax and liability issues that may arise during the transition.
Once the plan is in place, business owners should consult with their lawyers or attorneys to discuss any legal issues and to ensure that their plan is compliant with the laws and regulations of their state. In Utah, for example, business owners should seek the advice of attorneys in South Jordan, Salt Lake City, or Salt Lake County who specialize in business succession law. These attorneys will be able to provide business owners with personalized legal advice tailored to their individual circumstances.
Finally, business owners should consider conducting a free consultation with their lawyers or attorneys to discuss any additional issues or concerns they may have. During this consultation, business owners can ask questions about the succession process, the legal implications of the transition, and any other matters related to the business succession plan.
By taking the time to properly plan and prepare for business succession, business owners can ensure that their transition is smooth and successful. With the help of a qualified lawyer or attorney, business owners can rest assured that their business succession plan meets all of their state’s legal requirements and that their transition will be successful.
Business Succession Plan
A business succession is the process of planning and preparing for the eventual transfer of the ownership and control of a business from one generation to the next. It is essential for any business that wants to sustain its current level of success into the future. A comprehensive succession plan will include strategies such as determining the future ownership and leadership of the business, as well as the financial, legal, and tax implications of the transfer of control. It also involves assessing the business’s current value, considering potential buyers, and identifying strategies to maximize the value of the business. The plan should also take into account the individual goals and objectives of the owners, as well as the impact of the succession on the employees and the business’s vendors, customers, and other stakeholders. By having a well-thought-out succession plan in place, the business will be better positioned to succeed into the future, even if changes occur in the ownership or control of the business.
Another critical role of a business lawyer is to protect the company from potential legal issues. A lawyer can provide guidance on how to best operate the company in a manner that is compliant with all applicable laws. This includes helping to draft contracts, ensuring that the company maintains proper records, and providing advice on how to best handle any disputes that may arise.
A business lawyer can also provide valuable guidance on how to structure and manage the business. This includes advice on how to structure the company, what types of contracts to use, how to best manage employees, and how to protect the company’s assets. This knowledge can be invaluable in ensuring long-term success for a company.
A business lawyer can provide important assistance in resolving disputes. A lawyer can help negotiate settlements and provide guidance on how to handle a dispute in the best way possible. This can be especially helpful in avoiding costly legal battles.
It’s clear that a company needs a business lawyer for a variety of reasons. A lawyer can provide advice and guidance on a variety of legal matters, protect the company from potential legal issues, provide guidance on how to structure and manage the business, and assist in resolving disputes. Having a business lawyer on hand can help ensure the long-term success of the company.
What type of cases do business lawyers work on?
As a business lawyer, I often work on securities and litigation cases. The type of cases that business lawyers work on is determined by the practice area. A major part of legal work revolves around corporate law, which covers anything from corporate mergers and acquisitions to securities law. These types of cases often involve a large amount of paperwork and multiple parties, so it’s important that the contracts are well-written and the filings are accurate. Many legal firms have specialized in this area, so their attorneys are able to handle these cases with ease.
Other types of cases might be more straightforward, but are still very important. White-collar criminal defense focuses on representing individuals as they face charges for business-related crimes such as embezzlement or money laundering, while employment law involves everything from discrimination suits to wrongful termination suits. Even if you’re not involved in a case yourself, it’s important to remember that your company can be affected even if you’re not directly involved. It pays to have a general knowledge of what types of business issues can come up in a court of law.
The legal profession is a broad one, and there are many different types of lawyers. Some of them focus on working with other business people to establish companies, file patents, and bring products to market. These attorneys need to be familiar with the laws governing businesses, including how to handle arbitration and legal disputes.
What is Business Law All About?
Business law is a field of law that deals with a range of subjects, from establishing a business to drafting contracts and handling legal disputes. It is designed to protect your company and its assets.
There are various types of businesses, including manufacturers, retailers, and corporations. All of them have specific rules and regulations to adhere to. The basic structure of a business is different from state to state. A typical step in setting up a business is to file paperwork. This formally establishes the business in the eyes of the government.
The business world can be a confusing place to navigate. Many entrepreneurs don’t know the laws governing them. Luckily, there are a number of laws in place to protect you from committing crimes or exposing yourself to liability.
One of the most important things a business owner can do is understand the legal issues in their industry. They can also use this knowledge to reduce the risk of a lawsuit.
Although the basics of business law are common knowledge, a good understanding of the subject can help you make better decisions. For instance, you can avoid a costly dispute by knowing the right types of contracts to use. You can also keep employees happy by implementing a sound employee policies.
Another useful business law concept is the use of due diligence. A corporate attorney may create a set of guidelines to help your company find a resolution to any legal dispute.
What Is The Legal Meaning Of Due Diligence In Business?
Due diligence refers to a level of care that is expected of a reasonable person before entering into a contract or an agreement. This is the kind of care that prevents bad outcomes from occurring.
Due diligence involves investigating a firm, product, or service in order to evaluate the information presented. It can also be used to identify the risks that are associated with a specific investment. In the era of transforming technologies, due diligence is more important than ever.
Traditional due diligence practices primarily examined financial statements and inventories, and looked into employee benefits and tax conditions. However, the term has since been extended to encompass a wider array of business contexts.
When buying a company, an individual buyer or an equity research firm may undertake the investigation. These people often have significant assets.
The results of this investigation are a tool that a buyer can use in negotiating a deal. If the findings are not satisfactory, the buyer might not proceed with the purchase. Alternatively, a buyer might request an extension from the seller.
In a merger or acquisition, due diligence is usually more rigorous. The buyer’s efforts may include checking out the background of a partner and using news reports to find out more about the business.
Many M&A analyses also include test market data and supplier and customer reviews. This is done to ensure that the deal is fair, or that the re-trade will not affect the value of the purchase.
Do I Need A Business Succession Lawyer?
Business lawyers specialize in providing legal advice to businesses of all sizes, from small startups to large corporations. They work on a wide range of cases, from drafting contracts to helping with mergers and acquisitions. Business lawyers provide advice on a variety of topics, including formation of business entities, corporate governance, employment law, securities law, intellectual property law, international business law, and antitrust law. In addition to providing advice, business lawyers represent clients in court when necessary.
Business lawyers are often called upon to review business documents, such as contracts, leases, and corporate filings. They are also responsible for ensuring that the terms of agreements are legally sound and comply with state and federal laws. Business lawyers may also advise clients on tax and financial issues, such as how to structure investments or comply with tax regulations. They also assist with mergers and acquisitions, helping to ensure that the terms of the transaction are favorable to the clients.
Business lawyers may also provide advice and representation in the areas of bankruptcy, creditors’ rights, and other related matters. They work closely with clients to develop strategies to minimize losses or maximize recoveries in cases of insolvency. Business lawyers are also called upon to mediate or negotiate disputes between businesses, such as contract disputes, wrongful termination, and other related matters.
By now you know that business lawyers work on a wide range of cases and provide legal advice on a variety of topics relating to business formation, corporate governance, employment law, and more. They review business documents, advise clients on tax and financial issues, represent clients in court, mediate or negotiate disputes, and provide other legal services.
South Jordan Utah Business Succession Lawyer Consultation
When you need legal help with a Business Succession Plan in South Jordan UT, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
Layton, Utah is located in Davis County in the United States, and it is the home of many experienced attorneys and attorneys-at-law. The city is known for its large population of Mormons (also known as Latter-day Saints or LDS), and it is a great place for businesses to set up shop and for individuals to come for legal advice. The city is also home to many businesses and law firms, and one of the attorneys who does business succession law is Jeremy Eveland. Mr. Eveland is a business attorney that focuses on business succession law and estate planning. He offers a wide range of legal services, including business succession law, estate planning, and probate and estate administration.
Business Succession
Business succession law is a complex area of the law that governs the transfer of business ownership from one generation to the next. The laws in the United States vary from state to state, and each state has its own unique set of rules and regulations governing business succession. In this paper, we will explore the business succession law in the state of Utah, including a look at the Utah Code, Utah case law, and the experience of business lawyers in the state. We will also discuss the areas of business succession law that are of particular importance to business owners in Utah, including the role of business partnerships, estate planning, and the use of alternative dispute resolution.
Business Succession Law in Layton Utah
Business succession law in Utah is governed primarily by the Utah Code and Utah case law. The Utah Code outlines the laws and regulations that govern the transfer of business ownership from one generation to the next, including provisions for the formation of business partnerships, the drafting of partnership agreements, and the winding up of a business in the event of death or incapacity. The Utah Code also sets forth rules governing the probate of a decedent’s estate, the descent and distribution of assets, and the intestate succession of assets.
In addition to the Utah Code, Utah case law also provides guidance on business succession law. The Utah Supreme Court has issued numerous opinions on the topic, including decisions in cases involving business partnerships, the transfer of ownership interests, and the interpretation of partnership agreements. These opinions provide important guidance for business lawyers in the state, as well as business owners seeking to understand the nuances of Utah business succession law.
Business Lawyers in Layton Utah
Utah is home to a number of experienced business lawyers who specialize in business succession law. These lawyers are experienced in the drafting and interpretation of partnership agreements, the creation of business entities, and the handling of probate matters. Many of these lawyers are located in the major cities of Utah, including Layton, Lindon, St. George, Salt Lake City, and the Provo Orem area.
Business lawyers in Utah can provide a variety of services to business owners, including legal advice and guidance on the transfer of ownership interests, the formation of business partnerships, and the drafting of partnership agreements. They can also provide counsel on estate planning, asset protection, and the use of alternative dispute resolution (ADR) to resolve business disputes. Business lawyers in Utah are also familiar with the unique laws and regulations that govern the transfer of business ownership in the state, including the Utah probate code and the intestacy laws.
Business Partnerships in Layton Utah
Business partnerships are a common form of business entity in Utah, and the Utah Code sets forth the rules and regulations that govern the formation, maintenance, and dissolution of business partnerships. Under the Utah Code, business partnerships are formed when two or more individuals enter into a written partnership agreement that sets forth their respective ownership interests and rights, duties and obligations, and the means of winding up the partnership in the event of death or incapacity.
The partnership agreement also sets forth the rights and duties of the partners, as well as the terms for the winding up of the partnership in the event of a dispute or the death of one of the partners. The partnership agreement is a legally binding document, and all partners are obligated to abide by its terms. In the event of a dispute, the partnership agreement may provide for the use of alternative dispute resolution, such as mediation or arbitration, to resolve the dispute.
Estate Planning and Business Succession
Estate planning is an important component of business succession law in Utah. Estate planning involves the drafting of a will or trust to ensure the orderly transfer of assets upon the death of the business owner. The will or trust can specify the distribution of assets, including business interests, to the business owner’s heirs or beneficiaries. The will or trust can also provide for the appointment of a guardian for a disabled child or an executor to manage the decedent’s estate.
Estate planning can also involve the drafting of advance directives, such as a living will or power of attorney, which allow the business owner to make decisions regarding healthcare and financial matters even in the event of incapacitation. Estate planning also involves the review of insurance policies, such as life insurance, to ensure that the business owner’s assets are properly protected.
Alternative Dispute Resolution
Alternative dispute resolution (ADR) is an increasingly popular method for resolving business disputes in Utah. ADR allows parties to resolve their disputes through mediation, arbitration, or other means, rather than through litigation. ADR can be used to resolve a variety of business disputes, including disputes over the ownership of a business, the interpretation of a partnership agreement, or the winding up of a business in the event of death or incapacity.
Business succession law in Utah is governed by the Utah Code and Utah case law. Business lawyers in the state are experienced in the drafting and interpretation of partnership agreements, the creation of business entities, and the handling of probate matters. Estate planning and the use of alternative dispute resolution are also important components of business succession law in Utah. Business owners should consult with experienced business lawyers in the state to ensure that their business succession plans are properly crafted and executed.
Business Startup Lawyer Layton Utah
Small businesses surround us. They are on every other street and in every corner. Every second thing someone buys comes from a small business. In India where unemployment is a serious issue, small business gains a special position in the industrial structure because of their ability to utilize labor and create employment. Let us learn about meaning, nature and types of small business.
Meaning of Small Business
Small businesses are either services or retail operations like grocery stores, medical stores, trades people, bakeries and small manufacturing units. Small businesses are independently owned organizations that require less capital and less workforce and less or no machinery. These businesses are ideally suited to operate on a small scale to serve a local community and to provide profits to the company owners.
Nature of Small Business
The nature of small businesses can be classified as follows:
1. Shoestring Budget
A sole proprietor or a small group of people operate small businesses. These businesses often run on ‘shoestring budget’ meaning that small businesses function on a very tight budget.
2. Labor intensive
Small businesses are mostly labor intensive. Various types of small business largely rely on labor for their functioning. The primary nature of small businesses is more involvement of physical work rather than intellectual work. The lack of machinery makes the employees manage their operations manually.
3. Community-based
Small businesses are started with the motive of satisfying the needs and demands of a local area or community. These businesses demographically target few areas of concentration and are hence community-based.
4. Indigenous technology
Due to small businesses being community focused and labor oriented they often thrive upon native methods of operations. In India, there are many businesses in the rural sector that still use outdated technology. This might give uniqueness to the products but hinders the development of the business.
The Stages of Small Business Growth
Each stage is characterized by an index of size, diversity, and complexity and described by five management factors: managerial style, organizational structure, and extent of formal systems, major strategic goals, and the owner’s involvement in the business. We depict each stage and describe narratively in this article.
Stage I: Existence.
In this stage the main problems of the business are obtaining customers and delivering the product or service contracted for. Among the key questions are the following:
Can we get enough customers, deliver our products, and provide services well enough to become a viable business?
Can we expand from that one key customer or pilot production process to a much broader sales base?
Do we have enough money to cover the considerable cash demands of this start-up phase?
The organization is a simple one—the owner does everything and directly supervises subordinates, who should be of at least average competence. Systems and formal planning are minimal to nonexistent. The company’s strategy is simply to remain alive. The owner is the business, performs all the important tasks, and is the major supplier of energy, direction, and, with relatives and friends, capital.
Companies in the Existence Stage range from newly started restaurants and retail stores to high-technology manufacturers that have yet to stabilize either production or product quality. Many such companies never gain sufficient customer acceptance or product capability to become viable. In these cases, the owners close the business when the start-up capital runs out and, if they’re lucky, sell the business for its asset value. In some cases, the owners cannot accept the demands the business places on their time, finances, and energy, and they quit. Those companies that remain in business become Stage II enterprises.
Stage II: Survival.
In reaching this stage, the business has demonstrated that it is a workable business entity. It has enough customers and satisfies them sufficiently with its products or services to keep them. The key problem thus shifts from mere existence to the relationship between revenues and expenses. The main issues are as follows:
In the short run, can we generate enough cash to break even and to cover the repair or replacement of our capital assets as they wear out?
Can we, at a minimum, generate enough cash flow to stay in business and to finance growth to a size that is sufficiently large, given our industry and market niche, to earn an economic return on our assets and labor?
The organization is still simple. The company may have a limited number of employees supervised by a sales manager or a general foreman. Neither of them makes major decisions independently, but instead carries out the rather well-defined orders of the owner.
Systems development is minimal. Formal planning is, at best, cash forecasting. The major goal is still survival, and the owner is still synonymous with the business.
Stage III: Success.
The decision facing owners at this stage is whether to exploit the company’s accomplishments and expand or keep the company stable and profitable, providing a base for alternative owner activities. Thus, a key issue is whether to use the company as a platform for growth—a substage III-G company—or as a means of support for the owners as they completely or partially disengage from the company—making it a substage III-D company. Behind the disengagement might be a wish to start up new enterprises, run for political office, or simply to pursue hobbies and other outside interests while maintaining the business more or less in the status quo.
As the business matures, it and the owner increasingly move apart, to some extent because of the owner’s activities elsewhere and to some extent because of the presence of other managers. Many companies continue for long periods in the Success-Disengagement substage. The product-market niche of some does not permit growth; this is the case for many service businesses in small or medium-sized, slowly growing communities and for franchise holders with limited territories.
Stage IV: Take-off.
In this stage the key problems are how to grow rapidly and how to finance that growth. The most important questions, then, are in the following areas:
Delegation. Can the owner delegate responsibility to others to improve the managerial effectiveness of a fast growing and increasingly complex enterprise? Further, will the action be true delegation with controls on performance and a willingness to see mistakes made, or will it be abdication, as is so often the case?
Cash. Will there be enough to satisfy the great demands growth brings (often requiring a willingness on the owner’s part to tolerate a high debt-equity ratio) and a cash flow that is not eroded by inadequate expense controls or ill-advised investments brought about by owner impatience?
The organization is decentralized and, at least in part, divisionalized—usually in either sales or production. The key managers must be very competent to handle a growing and complex business environment. The systems, strained by growth, are becoming more refined and extensive. Both operational and strategic planning are being done and involve specific managers. The owner and the business have become reasonably separate, yet the company is still dominated by both the owner’s presence and stock control.
This is a pivotal period in a company’s life. If the owner rises to the challenges of a growing company, both financially and managerially, it can become a big business. If not, it can usually be sold—at a profit—provided the owner recognizes his or her limitations soon enough. Too often, those who bring the business to the Success Stage are unsuccessful in Stage IV, either because they try to grow too fast and run out of cash (the owner falls victim to the omnipotence syndrome), or are unable to delegate effectively enough to make the company work (the omniscience syndrome).
It is, of course, possible for the company to traverse this high-growth stage without the original management. Often the entrepreneur who founded the company and brought it to the Success Stage is replaced either voluntarily or involuntarily by the company’s investors or creditors.
Stage V: Resource Maturity.
The greatest concerns of a company entering this stage are, first, to consolidate and control the financial gains brought on by rapid growth and, second, to retain the advantages of small size, including flexibility of response and the entrepreneurial spirit. The corporation must expand the management force fast enough to eliminate the inefficiencies that growth can produce and professionalize the company by use of such tools as budgets, strategic planning, management by objectives, and standard cost systems—and do this without stifling its entrepreneurial qualities.
A company in Stage V has the staff and financial resources to engage in detailed operational and strategic planning. The management is decentralized, adequately staffed, and experienced. And systems are extensive and well developed. The owner and the business are quite separate, both financially and operationally.
The company has now arrived. It has the advantages of size, financial resources, and managerial talent. If it can preserve its entrepreneurial spirit, it will be a formidable force in the market. If not, it may enter a sixth stage of sorts: ossification.
Avoiding Future Problems
Do I have the quality and diversity of people needed to manage a growing company?
Do I have now, or will I have shortly, the systems in place to handle the needs of a larger, more diversified company?
Do I have the inclination and ability to delegate decision making to my managers?
Do I have enough cash and borrowing power along with the inclination to risk everything to pursue rapid growth?
Similarly, the potential entrepreneur can see that starting a business requires an ability to do something very well (or a good marketable idea), high energy, and a favorable cash flow forecast (or a large sum of cash on hand). These are less important in Stage V, when well-developed people-management skills, good information systems, and budget controls take priority. Perhaps this is why some experienced people from large companies fail to make good as entrepreneurs or managers in small companies. They are used to delegating and are not good enough at doing.
Layton Utah Business Attorney Consultation
When you need business attorneys, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
In 2014, Layton contributed $1.34 billion[8] worth of retail sales activity, the second largest market north of Salt Lake City and seventh largest in Utah.
Business succession planning is an important part of any business’s long-term success. It is a way to ensure that a business will continue to operate, even after the owner retires, or in the event of death or disability. The process of planning involves a number of steps, including the selection of a successor, the transfer of ownership, and the establishment of a legal framework for the continued operation of the business. An experienced business succession lawyer in Ogden, Utah can help business owners through the process and ensure that their business is protected and able to continue to thrive.
Business succession planning involves a number of legal considerations, including the selection of a successor, the transfer of ownership, and the establishment of a legal framework for the continued operation of the business. The process typically begins with the selection of a successor. This can be a family member, a partner, or a key employee. The succession plan must be documented and signed by all parties and must be approved by the state of Utah. Once the successor is chosen, the transfer of ownership must be completed and the legal framework established.
Once the succession plan is in place, the business succession lawyer in Ogden, Utah will help the business owner to create a plan for the ongoing operation of the business. This will include the creation of a partnership agreement, the establishment of a buy-sell agreement, and the implementation of a key employee retention plan. The lawyer will also help the business owner to review the estate planning documents, such as wills, trusts, and other legal documents, to ensure that the business assets will be managed according to the wishes of the business owner.
The business succession lawyer in Ogden, Utah will also provide legal services for the business in the event of death or disability of the business owner. This includes preparing the necessary paperwork for the transfer of ownership and ensuring that the estate is properly distributed to the heirs or beneficiaries. The lawyer will also handle the filing of probate documents, the payment of estate taxes, and the distribution of assets.
Finally, the business succession lawyer in Ogden, Utah will provide legal advice to the business owner on other matters related to the business. This includes providing advice on the formation of a partnership agreement, the negotiation of a buy-sell agreement, and other legal matters. The lawyer will also act as a resource to the business owner in case of any disputes or legal issues that may arise.
Business succession planning is a complex process, and it is important that business owners work with an experienced business succession lawyer in Ogden, Utah. An experienced lawyer can provide the necessary legal advice and expertise to ensure that the business is protected and will continue to thrive for years to come.
Business Advice
The reason you should care about the business advice other successful entrepreneurs have to share with you… is that their experiences and words of wisdom may just come in handy one day. They have created products and services we’ve all heard of, turned entire industries upside down, redefined what it means to be successful when you start a business and many have also written business books or taught online business courses about it. Suffice it to say, their business advice is worth its weight in gold.
Not surprisingly, many of these entrepreneurs had very similar pieces of business advice to share, based on what has worked for them when it comes to learning how to grow a business.
Here are some actual advices:
Never forget that your business needs to take in more money than it spends. I know that sounds too simple, but so many people lose sight of that. That’s also why so many first-time entrepreneurs over-invest (or spend so much of their time looking for investors) early on. “Create solutions that cost little to no money & always spend less than you make.” Instead, work to come up with a creative solution that costs little to no money. That forced discipline will help you spend less than you make, even when you’re not making a lot. Sometimes capital is necessary, but at some point there must be return on that capital. There’s nothing wrong with taking equity investment, investing for the future, even losing money for a few years. But your plan has to get you back to that simple equation of making more than you spend.
Entrepreneurs make over-estimating the novelty of their big idea. “Don’t over-estimate the novelty of your big idea. Wait for a truly great one.” It takes so much time and effort to go all-in on a business idea, you might as well wait for a truly great one.
Probably another costly mistake many entrepreneurs make is in choosing the people that they work with or hire, it’s a mistake that has been seen over and over again. “Work with people on projects before handing over equity or large sums of money.” The way we have gotten around that is to always work with somebody on a project before we start handing over significant equity stakes or large sums of money. If the trial project goes well, then talk about expanding the scope of the relationship ‘a bad hire in the first few employees can be detrimental to a startup.’
Another mistake first-time (or inexperienced) entrepreneurs make is that they see others in their industry or blog niche as competition. This can significantly hold you back, as you may never learn industry secrets and tips, make genuine friends, and more. “Don’t view others in your niche as competition. Network and build relationships.” See others in your industry or niche as colleagues and friends. You should network with others, attend conferences, reach out to people, and more.
Across the board, another mistake first-time entrepreneurs make is placing too much focus on building product versus learning from users. There usually isn’t much risk in building software, but there’s a lot of risk in bringing a new product to market. “Take time to learn how your users actually behave with your product.” A few ways to solve this include: constantly talking to users, building an audience while or before you build and taking time to learn how users actually behave with your product. Not easy, but if you can really understand which type of user you want to optimize toward, you will increase your odds of finding an initial wedge in the market.
Most people, particularly those with their first project is striving for perfection over getting it done. Weeks turn into months, months into years. As a result, whatever they are trying to launch isn’t out there gaining traction in the marketplace because of the fear of being perfect. “Go out and break shit, it’s better to ask for forgiveness than permission when you start a business.” The only way your project, your business idea or whatever is in your mind is going to become better, is by having people use it in the real-world.
New entrepreneurs make the mistake of not putting themselves out there. If you want to succeed as an entrepreneur, you need to show others what you are doing. “Put yourself out there and show others what you’re working on.” Instead of praying an audience (or customers) will find you, get in front of people in your space. Start a blog, podcast or create video content. Take advantage of social media. Attend in-person events. One way to make “putting yourself out there” easier is by making an effort to help others. (Sounds counterintuitive, right!) On the individual level, maybe it’s by making an introduction. For a larger audience, perhaps it’s by pursuing and executing on actionable blog post ideas. However, by being helpful you will make a lasting impression.
First-time entrepreneurs mostly try to invent something totally new because their ego tells them they have to. “Don’t invent something new. Copy what works and make tweaks to push over the top.” It is much smarter to copy a competitor you like, then tweak one or two things that you think will put you over the top.
Trying to start a company for years and still making the mistake planning too far ahead. Many new entrepreneurs are stuck on this idea of what the company could be five years from now. They are trying to make the five year version of the company happen tomorrow. “Focus on the next step and don’t try to make your 5yr vision happen tomorrow.” What they need to realize is that if you have no customers, the next milestone is one customer. A very powerful tactic to overcome this is to help young entrepreneurs focus on building on momentum. That means focusing on the next step and trusting that those first few steps will build to the speed and impact you want.
Avoid being a single founder. Creating a company is hard work, most startups fail. The one characteristic you need above all others is resilience. You need to be relentless and work harder than the competition, and even then you will have tough times. It is for this reason that it is advisable to start companies with more than one founder. It means there is someone to share the load, to reflect and to support each other. “Want to be successful in business? Avoid being a single founder.” It is not impossible to be a single founder but it is easier to be resilient and successful as a team.”
First-time entrepreneurs almost always focus too much on non-differentiating work. Work that doesn’t make a difference in their business. Work that definitely doesn’t increase revenue. “Without a focus on doing work that makes a difference, your business is just a hobby.” A few simple examples: Redesigning your logo or website a dozen times in hopes of finding that perfect blog layout, setting up every social media account possible, trying to stay on top of said social media. And the list goes on. Instead, focus on revenue. Do the tasks that will increase revenue and reduce costs. Without a focus on that, your business is just a hobby. In order to even consider doing work that makes a difference, you need to build and leverage your entrepreneurial strength every day.
If your freelance client won’t agree to a 50% deposit, they’re not worth working with. To prevent disasters like this, take a 50% upfront payment before you even start, then taking the final 50% before any final files are provided. Any client not willing to work this way is unlikely to ever pay and should be avoided. I also strongly advise freelancers to have a written freelance contract, signed by the client, detailing what’s been agreed upon and what will happen in various different circumstances. This will give you ammo should your client be unreasonable, and will also add a level of professionalism and credibility to your service.
There’s one incredibly painful mistake that new entrepreneurs make. It’s painful because it keeps them from success. They feel like they’re working hard, but not making any progress. The mistake? Trying to do too many things at once. “Focus on just one project & strategy at a time, you’re more likely to succeed.” Focus, by definition, means narrowing your field of vision and attention. It means choosing which opportunities, projects, and even customers you are NOT going to pursue. And it is really, really hard. Focus in on just ONE strategy, create an incredibly high-value virtual summit, and you would start to make serious progress in your business. “Choose the one thing that will move the needle for you and your business. When you try to be the best podcaster, blogger, author, business coach and event producer all at the same time, you end up being mediocre at all of them. Pick one (like learning how to master the art and science of cold emailing). Focus. And work it, hard.
One piece of bonus advice: As a newer business owner, one of the biggest ROI’s you will get is from investing in growing your email list. Whether you plan on offering a mastermind, writing books or producing online summits, you’ll need a powerful, engaged email list. Make that a focus from day one.
The most painful mistake that first-time entrepreneurs make is they rely on their business idea too much. They are convinced that success in business is pre-determined by the awesomeness of their business idea alone. And they could not be more wrong. Execution is equally (if not more) important than the actual idea. Ideation is the easy and fun part and execution is the hard and tedious one. “Success in business is NOT pre-determined by the awesomeness of your idea.” That is why people would rather put faith in their ideas than invest countless hours of work towards making it happen.
Most entrepreneurs launch before they learn. For example, you may decide you want to launch a marketing consulting company, so you hastily make a website, content and reach out to people, but you have not yet figured out who your target clientele is. What people actually need help with or what you are specifically good at. So no one bites. Or you could launch a new app, but you don’t know what sells well in the app store or how to promote it. So even though you have a great product, no one sees it. Or you decide to write a book but haven’t really spent time with the key concept (researching), talking to people—so your book proposal falls flat and feels generic. Publishers ignore it. “Learn before you launch. Take time to build your plan and be patient.” This common mistake could also be framed as an inspiration/perspiration problem. We’re so inspired by the end result that we forego the process — a lot of which is hard, un-fun work. In turn, we sacrifice the best possible outcome. And this is painful because the solution is retrospectively so obvious: patience. Take time with each new idea; flesh it out; design it fully; have a plan and not just hope.”
First-time entrepreneurs are being deathly afraid that someone will steal their secret idea. “Spoiler alert for first-time entrepreneurs: Ideas are worthless.” It is the execution beyond the idea that really brings home the gold. So focus on getting out there and meeting as many folks as possible to join your team, give you feedback and point you in the right direction. Any successful entrepreneurial journey is the sum total of a rather large (and under-appreciated) team that came together in a magical way. Get cracking on building yours.
First-time entrepreneurs don’t count the cost or figure out how they will actually make money ahead of time. Since entrepreneurs don’t create a business as a ‘charitable deed to mankind,’ they need to think about where their revenue and profit will be once the business scales. “If you want to succeed in business, count your costs and project revenue ahead of time.”
New entrepreneurs bank on an idea that is not valuable to anyone with actual, real-world problems. “Spend time with people who are different than you, it will open your mind to different people and different problems, allowing you to connect the dots faster and make a real contribution to the world.
Many first-time entrepreneurs do not follow the Customer Development Model (the Steve Blank school of thought). They won’t presell their product. They avoid surveying their market, meeting or calling people from their target audience before they pony up substantial money and time building a product. In other words, too often first-timers build a product behind closed doors and don’t get the feedback necessary to ensure they get buy in for their idea. As a result, they don’t reach product-market fit and end up building a product that fails or succeeds by mere chance, not by calculated steps. “Don’t build your product behind closed doors. Get feedback and validate your idea.” Avoid the common mistake of aiming to be the next Facebook. Achieve product-market fit by focusing on building one core feature better than the competition and make sure that feature solves a big pain point for your audience. Don’t get lost in creating a bunch of features off-the-bat.
Keep your first product extremely barebones. Get clear product validation from your target customer before you spend any time or money building a Minimum Viable Product (MVP). Start small. Invest more resources in product development as you generate enough operating income to cover your ongoing research and development expenses. Hold off on executing your product roadmap before you have enough consistent sales revenue to support that vision.
Become your company’s best salesperson and marketer before hiring. One costly and painful mistake is hiring in marketing and sales too early. Things tend to go VERY wrong when a founder brings on board a senior sales or marketing person who is lacking entrepreneurial spirit and/or experience working in startups. Instead of hiring full-time, founders should seek out and consult with experienced marketers and sales veterans who work with startups on a daily basis for a fixed fee or company stock based on specific goals.” And remember, the fact that you can recite all the business slang, blogging terms or industry jargon that’s pervasive within your niche, does not automatically make you a good salesperson. Connect with your target customers and learn how to truly help them.
Business Succession Lawyer Ogden Utah Consultation
When you need an Ogden Utah business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
Ogden/ˈɒɡdən/ is a city in and the county seat of Weber County,[6]Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 87,321 in 2020, according to the US Census Bureau, making it Utah’s eighth largest city.[7] The city served as a major railway hub through much of its history,[8] and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University.
Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area (MSA), which includes all of Weber, Morgan, Davis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159.[9] In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family.[10] Ogden has had a sister city relationship to Hof in Germany since 1954. The current mayor is Mike Caldwell.
Hiring Attorney Jeremy Eveland to draft a business succession plan in Orem, Utah is a wise decision for anyone looking for experienced legal counsel. With many years of experience in business law, Jeremy is well-versed in the nuances of business succession planning and has a deep understanding of the legal process. He works diligently with clients to ensure they understand their options and can make informed decisions. Jeremy has extensive experience in the Orem area and is a member of the Utah State Bar.
When business disputes happen, he is an effective working with the mediator, and assisting parties to come to an agreement that meets their mutual needs. He is also a skilled litigator, having handled a variety of business cases in his career. He is committed to providing ethical and legal advice to the clients he serves.
Orem Utah Business Lawyer
For those looking for probate, estate planning, or estate administration lawyers, Jeremy is a solid choice. He is knowledgeable in the areas of estate planning, probate, and liability, and is experienced in creating partnership agreements, buy-sell agreements, and other documents related to business succession planning. He is well-versed in the tax implications of estate planning and can provide advice on how to minimize taxes and maximize estate value.
Business Formation Attorney Orem UT
Jeremy is also well-versed in the process of creating LLCs and other business entities. He can help clients draft the necessary paperwork, such as partnership agreements and operating agreements, to ensure the business is properly formed and all parties involved are properly protected. He can also provide legal advice on the ownership stakes of each business partner and the ownership interests of each party.
Jeremy is committed to providing the best legal services and solutions to his clients. He offers free consultations and is available to answer any questions clients might have. He is also available to discuss mediation, if necessary, to reach a settlement agreement between parties.
Utah Business Entity
When we talk about business entities, we are referring to the type or structure of a business as opposed to what the business does. How a business is structured affects how taxes are paid, liabilities are determined, and of course, paperwork. Business entities—organizations created by one or more people to carry on a trade—are usually created at the state level, often by filing documents with a state agency such as the Secretary of State.
Business entities are subject to taxation and must file a tax return.
For federal income tax purposes, some business entities are, by default, considered not to be separate from their owner. Such is the case with sole proprietors and single-member limited liability companies. The income and deductions related to these entities are normally reported on the same tax return as the owner of the business. The IRS calls these disregarded entities because it “disregards” the separate name and structure of the business. However, a disregarded entity can choose to be treated as if it were a separate entity. This is done by making an Entity Classification Election using Form 8832 and filing this form with the IRS. The purpose of this form is to choose a classification other than the default classification provided by federal tax laws.
Confusion Over Business and tax Terms
Distinguishing between the actual organizational structure created under state law and the tax classification can cause confusion, especially if the same words are used for both concepts. Colloquially, when accountants talk about “entities” or “entity returns,” they are referring to tax returns other than for individual people.
In simplest terms, a business entity is an organization created by an individual or individuals to conduct business, engage in a trade, or partake in similar activities. There are various types of business entities—sole proprietorship, partnership, LLC, corporation, etc.—and a business’s entity type dictates both the structure of that organization and how that company is taxed.
When starting a business, one of the first things you want to do is choose the structure of your company—in other words, choose a business entity type. This decision will have important legal and financial implications for your business. The amount of taxes you have to pay depends on your business entity choice, as does the ease with which you can get a small business loan or raise money from investors. Plus, if someone sues your business, your business entity structure determines your risk exposure. State governments in the U.S. recognize more than a dozen different types of business entities, but the average small business owner chooses between these six: sole proprietorship, general partnership, limited partnership (LP), limited liability company (LLC), C-corporation, and S-corporation.
Business Succession Lawyer Free Consultation
When you need a business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Areas We Serve
We serve businesses and business owners for succession planning in the following locations:
As we mentioned above, at a very basic level, a business entity simply means an organization that has been formed to conduct business. However, the type of entity you choose for your business determines how your company is structured and taxed. For example, by definition, a sole proprietorship must be owned and operated by a single owner. If your business entity type is a partnership, on the other hand, this means there are two or more owners. Similarly, if you establish a business as a sole proprietorship, this means for tax purposes, you’re a pass-through entity (the taxes are passed onto the business owner). Conversely, if you establish your business as a corporation, this means the business exists separately from its owners, and therefore, pays separate taxes. Generally, to actually establish your business’s entity structure, you’ll register in the state where your business is located. With all of this in mind, the chart below summarizes the various entity types business owners can choose from:
Business Entity Type
• Sole proprietorship: Unincorporated business with one owner or jointly owned by a married couple
• General partnership: Unincorporated business with two or more owners
• Limited partnership: Registered business composed of active, general partners and passive, limited partners
• Limited liability partnership: Partnership structure that shields all partners from personal liability
• Limited liability limited partnership: Type of limited partnership with some liability protection for general partners
• Limited liability company (LLC): Registered business with limited liability for all members
• Professional limited liability company: LLC structure for professionals, such as doctors and accountants
• C-corporation: Incorporated business composed of shareholders, directors, and officers
• S-corporation: Incorporated business that is taxed as a pass-through entity
• Professional corporation: Corporate structure for professionals, such as doctors and accountants
• B-corporation: For-profit corporation that is certified for meeting social and environmental standards
• Nonprofit: Corporation formed primarily to benefit the public interest rather than earn a profit
• Estate: Separate legal entity created to distribute an individual’s property after death
• Municipality: Corporate status given to a city or town
• Cooperative: Private organization owned and controlled by a group of individuals for their own benefit
As you can see, there are numerous types of business entities; however, most business owners will choose from the six most common options: sole proprietorship, general partnership, limited partnership, LLC, C-corporation, or S-corporation. Below, we’ve explained each of these popular business entity types, as well as the pros and cons of choosing each particular structure for your company.
Sole Proprietorship
A sole proprietorship is the simplest business entity, with one person (or a married couple) as the sole owner and operator of the business. If you launch a new business and are the only owner, you are automatically a sole proprietorship under the law. There’s no need to register a sole proprietorship with the state, though you might need local business licenses or permits depending on your industry. Freelancers, consultants, and other service professionals commonly work as sole proprietors, but it’s also a viable option for more established businesses, such as retail stores, with one person at the helm.
Pros of Sole Proprietorship
• Easy to start (no need to register your business with the state).
• No corporate formalities or paperwork requirements, such as meeting minutes, bylaws, etc.
• You can deduct most business losses on your personal tax return.
• Tax filings is easy—simply fill out and attach Schedule C-Profit or Loss From Business to your personal income tax return.
Cons of Sole Proprietorship
• As the only owner, you’re personally responsible for all of the business’s debts and liabilities—someone who wins a lawsuit against your business can take your personal assets (your car, personal bank accounts, even your home in some situations).
• There’s no real separation between you and the business, so it’s more difficult to get a business loan and raise money (lenders and investors prefer LLCs or corporations).
• It’s harder to build business credit without a registered business entity.
Sole proprietorships are by far the most popular type of business structure in the U.S. because of how easy they are to set up. There’s a lot of overlap between your personal and business finances, which makes it easy to launch and file taxes. The problem is that this same lack of separation can also land you in legal trouble. If a customer, employee, or another third party successfully sues your business, they can take your personal assets. Due to this risk, most sole proprietors eventually convert their business to an LLC or corporation.
General Partnership (GP)
Partnerships share many similarities with sole proprietorships—the key difference is that the business has two or more owners. There are two kinds of partnerships: general partnerships (GPs) and limited partnerships (LPs). In a general partnership, all partners actively manage the business and share in the profits and losses. Like a sole proprietorship, a general partnership is the default mode of ownership for multiple-owner businesses—there’s no need to register a general partnership with the state. I’ve written about the Utah Uniform Partnership Act previously.
Pros of General Partnership
• Easy to start (no need to register your business with the state).
• No corporate formalities or paperwork requirements, such as meeting minutes, bylaws, etc.
• You don’t need to absorb all the business losses on your own because the partners divide the profits and losses.
• Owners can deduct most business losses on their personal tax returns.
Cons of General Partnership
• Each owner is personally liable for the business’s debts and other liabilities.
• In some states, each partner may be personally liable for another partner’s negligent actions or behavior (this is called joint and several liability).
• Disputes among partners can unravel the business (though drafting a solid partnership agreement can help you avoid this).
• It’s more difficult to get a business loan, land a big client, and build business credit without a registered business entity.
Most people form partnerships to lower the risk of starting a business. Instead of going all-in on your own, having multiple people sharing the struggles and successes can be very helpful, especially in the early years. This being said, if you do go this route, it’s very important to choose the right partner or partners. Disputes can seriously limit a business’s growth, and many state laws hold each partner fully responsible for the actions of the others. For example, if one partner enters into a contract and then violates one of the terms, the third party can personally sue any or all of the partners.
Limited Partnership (LP)
Unlike a general partnership, a limited partnership is a registered business entity. To form an LP, therefore, you must file paperwork with the state. In an LP, there are two kinds of partners: those who own, operate, and assume liability for the business (general partners), and those who act only as investors (limited partners, sometimes called “silent partners”). Limited partners don’t have control over business operations and have fewer liabilities. They typically act as investors in the business and also pay fewer taxes because they have a more tangential role in the company.
Pros of Limited Partnership
• An LP is a good option for raising money because investors can serve as limited partners without personal liability.
• General partners get the money they need to operate but maintain authority over business operations.
• Limited partners can leave anytime without dissolving the business partnership.
Cons of Limited Partnership
• General partners are personally responsible for the business’s debts and liabilities.
• More expensive to create than a general partnership and requires a state filing.
• A limited partner may also face personal liability if they inadvertently take too active a role in the business.
Multi-owner businesses that want to raise money from investors often do well as LPs because investors can avoid liability. You might come across yet another business entity structure called a limited liability partnership (LLP). In an LLP, none of the partners have personal liability for the business, but most states only allow law firms, accounting firms, doctor’s offices, and other professional service firms to organize as LLPs. These types of businesses can organize as an LLP to avoid each partner being liable for the other’s actions. For example, if one doctor in a medical practice commits malpractice, having an LLP lets the other doctors avoid liability.
C-Corporation
A C-corporation is an independent legal entity that exists separately from the company’s owners. Shareholders (the owners), a board of directors, and officers have control over the corporation, although one person in a C-corp can fulfill all of these roles, so it is possible to create a corporation where you’re in charge of everything. This being said, with this type of business entity, there are many more regulations and tax laws that the company must comply with. Methods for incorporating, fees, and required forms vary by state.
Pros of C-corporation
• Owners (shareholders) don’t have personal liability for the business’s debts and liabilities.
• C-corporations are eligible for more tax deductions than any other type of business.
• C-corporation owners pay lower self-employment taxes.
• You have the ability to offer stock options, which can help you raise money in the future.
Cons of C-corporation
• More expensive to create than sole proprietorships and partnerships (the filing fees required to incorporate a business range from $100 to $500 based on which state you’re in).
• C-corporations face double taxation: The company pays taxes on the corporate tax return, and then shareholders pay taxes on dividends on their personal tax returns.
• Owners cannot deduct business losses on their personal tax returns.
• There are a lot of formalities that corporations have to meet, such as holding board and shareholder meetings, keeping meeting minutes, and creating bylaws.
Most small businesses pass over C-corps when deciding how to structure their business, but they can be a good choice as your business grows and you find yourself needing more legal protections. The biggest benefit of a C-corp is limited liability. If someone sues the business, they are limited to taking business assets to cover the judgment—they can’t come after your home, car, or other personal assets. This being said, corporations are a mixed bag from a tax perspective—there are more tax deductions and fewer self-employment taxes, but there’s the possibility of double taxation if you plan to offer dividends. Owners who invest profits back into the business as opposed to taking dividends are more likely to benefit under a corporate structure.
S-Corporation
An S-corporation preserves the limited liability that comes with a C-corporation but is a pass-through entity for tax purposes. This means that, similar to a sole prop or partnership, an S-corp’s profits and losses pass through to the owners’ personal tax returns. There’s no corporate-level taxation for an S-corp.
Pros of S-corporation
• Owners (shareholders) don’t have personal liability for the business’s debts and liabilities.
• No corporate taxation and no double taxation: An S-corp is a pass-through entity, so the government taxes it much like a sole proprietorship or partnership.
Cons of S-corporation
• Like C-corporations, S-corporations are more expensive to create than both sole proprietorships and partnerships (requires registration with the state).
• There are more limits on issuing stock with S-corps vs. C-corps.
• You still need to comply with corporate formalities, like creating bylaws and holding board and shareholder meetings.
In order to organize as an S-corporation or convert your business to an S-corporation, you have to file IRS form 2553. S-corporations can be a good choice for businesses that want a corporate structure but like the tax flexibility of a sole proprietorship or partnership.
Limited Liability Company (LLC)
A limited liability company takes positive features from each of the other business entity types. Like corporations, LLCs offer limited liability protections. But, LLCs also have less paperwork and ongoing requirements, and in that sense, they are more like sole proprietorships and partnerships. Another big benefit is that you can choose how you want the IRS to tax your LLC. You can elect to have the IRS treat it as a corporation or as a pass-through entity on your taxes.
Pros of LLC
• Owners don’t have personal liability for the business’s debts or liabilities.
• You can choose whether you want your LLC to be taxed as a partnership or as a corporation.
• Not as many corporate formalities compared to an S-corp or C-corp.
Cons of LLC
• It’s more expensive to create an LLC than a sole proprietorship or partnership (requires registration with the state).
LLCs are popular among small business owners, including freelancers, because they combine the best of many worlds: the ease of a sole proprietorship or partnership with the legal protections of a corporation.
At the end of the day, hiring Attorney Jeremy Eveland to draft a business succession plan in Orem, Utah is a wise decision. With his extensive experience, knowledge, and commitment to providing the best legal solutions, clients can be assured that their business succession plan will be drafted with the utmost care and consideration. Jeremy is committed to providing the best legal advice and is available to answer any questions or concerns clients may have. With Jeremy’s help, clients can feel confident in their business succession plan and the future of their business.
Orem is a city in Utah County, Utah, United States, in the northern part of the state. It is adjacent to Provo, Lindon, and Vineyard and is approximately 45 miles (72 km) south of Salt Lake City.
