Navigating The Path: A Comprehensive Guide To Company Formation Setup

31st May 2024

Launching a business from scratch is an engaging and lengthy process. Coordinating and executing different operations to ensure the company succeeds is also complicated. According to Forbes, 80% of new businesses fail after the first two years, while 45% abandon ship by their fifth year.

Learning how to form a business can help you create goals that align with your overall business culture. It will also help avoid legal issues due to the lack of appropriate documentation and permits. This post breaks down the process of forming a company, whether it’s a sole proprietorship, partnership, LLC, or corporation.

1. Pick a Business Structure

Picking the proper business structure determines your legal liability, tax duties, and the freedom to conduct business operations. A structure also simplifies all other aspects of the formation, allowing you to set up a company with ease in 2024. Here are the various company structures and how they work.

  • Sole Proprietorship – An individual solely owns and operates a business. They assume maximum risks and business liabilities and make all the profits.
  • Partnership – This structure can have two or more people. Every partner has a part of profit/loss, management participation, and company shares.
  • Limited Liability Company (LLC) – LLC shareholders are free from liability if a loss occurs. They file individual taxes and share in the company’s profits.
  • Corporation – It’s a unique business structure with numerous shareholders. They have protection from company liabilities and earn dividends.

Before choosing a business structure, consider liability protection, taxation, and business operations.

2. Choose a Business Name

A brand name gives your business an identity. People can relate to it whenever and wherever they see or hear it. The name should be catchy and feed into your audience’s emotions. Also, conduct trademark searches or checks to ascertain the business name is unique and doesn’t already exist.

After coming up with a name, register it with the state office or Department of Secretary of State. After choosing a name, register it with your state’s office or Department of Secretary of State. For detailed guidance, here’s how to register a business name to ensure your brand is protected and compliant. The application terms differ from area to area but involve filing for an application and paying the registration fee.

A formal business name protects your company from copyright issues within your state. It also allows you to get a matching domain name that increases your online presence.

3. Register the Business

Registering your business permits you to operate within your jurisdiction. The business registration requirements may vary depending on your business location and structure.

However, most registration processes require an Articles of Incorporation or Formation and Employer Identification Number (EIN) from state and federal tax collecting bodies for income tax remittance yearly.

An EIN is a unique code that a business uses to file for federal tax filings and official communications. It also helps open a business account, take loans, and other open financial aid.

4. Obtain License and Permits

Businesses must obtain a license and permit that shows they’re operating legally within their jurisdictions. The license application requirements can vary based on your location, sector, and type of business.

Most business licenses and permits require a health permit, a zoning permit, and a professional license. These documents prove your business complies with local regulations and has authorization to operate in that zone.

Failure to get a license or permit can result in fines, penalties, and or closure of your business. Check the criteria of your business to ensure you have all the records and certificates before applying.

5. Open a Business Bank Account

Separating your personal and business accounts is a legally, taxwise, and financially strategic move. It helps you manage cash flow, track expenses, and prepare financial statements, such as invoices, balance sheets, and profit and loss.

During the bank account registration or opening process, you must submit the required papers, including your EIN, business registration papers, and owners’ IDs. In addition, you must service your account with a suggested minimum balance depending on the bank you open an account with.

You can open a business account online or visit the bank’s location. Ask the customer care to open a checking account for your business. Keep the transaction records intact to have an easy time during tax time and for regulatory reporting.

6. Set Up Accounting and Record-Keeping

An accounting and tax compliance system helps track business revenue, expenses, and related deals in detail. While it’s not a requirement during business formation, accurate records help you measure the success of your enterprise, prepare financial statements, and file tax returns.

Furthermore, it eliminates the need for manual accounting. Numerous tax accounting software available today make the reconciliation process more efficient and error-free for business owners. Some software also stores virtual copies of your licenses, permits, contracts, and other vital documents needed in the business operations.

Cloud-based storage could be crucial evidence that shows your organization follows the company formation tax and monetary regulations. More so, it helps with good record-keeping and running the business.

To Conclude

Forming a company involves various steps that require careful consideration. How you design your business sets the foundation for its success or failure within the first few months of operation or business.

Designing a business name and structure is the first step in forming a solid business. Getting the required licenses and permits also helps run the business smoothly and comply with regulatory standards.  A reliable bank account is also crucial for tracking money in and out of the company. Finally, consider getting accounting software to help run your new business finances sufficiently