The right structure that complements your business plan and strategy.

If you are starting a new business and trying to determine which form of entity to create, we at Blackwell Capital & Advisory can assist you in making the right choice.
Corporation Formation

When you start a business you must decide which structure is right for you. It is impossible to make an informed decision without understanding the basic characteristics of the different kinds of business structures that are available.

Blackwell Capital & Advisory consults and assists clients with the formation process, of corporations, LLC’s, or partnerships. While navigating our clients through the formation process, we assist them in understanding the potential risk, liabilities and tax matters for each form of entity, so they can choose the right structure for their business.
Which of these forms is right for your business depends on the type of business you run, how many owners it has, and its financial situation. The form of entity that you chose to organize will play a pivotal role in its ability to raise and solicit capital, and avoid unnecessary taxation.

Drafting and Filing Documents

• There are no states that require a general partnership to file organizing documents with the state. It is wise to draft a partnership agreement outlining the rights and responsibilities of the various partners.
• It is important to have a limited partnership agreement setting out the partners' rights and responsibilities. Each state also requires a limited partnership to file a Certificate of Limited Partnership, usually with the Secretary of State.
• A corporation must be set up according to the laws of the state of incorporation. Articles of Incorporation containing the corporate name, the purpose of the corporation, the number of shares the corporation is authorized to issue, the address of the registered office, the name of the registered agent, and the names and addresses of each person forming the corporation.
• A limited liability company must file Articles of Organization with the state. Most states require this document to include the name of the limited liability company, the period of duration (some states permit perpetual duration), the name and address of the registered agent, and the address of the principal office.

Risks and Liabilities

In a large part, the best ownership structure for your business depends on the type of services or products it will provide. If your business will engage in risky activities you'll almost surely want to form a business entity that provides personal liability.

Income Taxes

Owners of sole proprietorships, partnerships, and LLCs all pay taxes on business profits in the same way. These three business types are "pass-through" tax entities, which means that all of the profits and losses pass through the business to the owners, who report their share of the profits (or deduct their share of the losses) on their personal income tax returns.