Frequently Asked Questions
Learn more about business formation and transactions.

What is a Registered Agent?

A registered agent is simply a person who can receive service of process if a company is sued and is generally the point of contact for a company for state and federal government agencies. It can be an owner of the business, or someone who has no ownership interest whatsoever. It’s generally a good idea to make your attorney the registered agent of your company, since it protects privacy, assures compliance with important records and forms, and reduces some of the paperwork associated with moving locations and changing executives.

Can I Be Personally Liable for My Business?

If you haven’t incorporated, then under the law of most states, you are personally liable for the business. However, even if you’ve incorporated, you can still be held personally liable in certain circumstances. Having said that, if you’ve properly capitalized your business, made timely tax returns and state filings, and engage in lawful business practices, you shouldn’t worry too much. The process of making a business owner personally liable for the liabilities of the corporation is called “piercing the corporate veil,” which generally only occurs when the business isn’t properly maintained or is engaging in wrongdoing. We can help you structure your business to significantly reduce this risk.

I Run a Small, Part-Time Business; Do I Really Need to Incorporate?

While you can definitely operate a business without incorporating, why take on the personal risk? Incorporating can give you much more flexibility, make it easier to sell your business later on, and protect your personal assets from corporate liabilities. It’s not that expensive to incorporate, and the advantages far outweigh the disadvantages.

Should I Register as a C Corporation, S Corporation, LLC, or LLP?

It depends—each has unique advantages and disadvantages, and depending on how your business operates, some may be more suitable than others. However, it’s fairly simple to change the form of the business entity if need be. The main factors involved in deciding which an entity type are:

• The Manner in Which the Business is Taxed
• The Amount of Paperwork the Business Must File
• How Many Investors or Owners are Involved
• The Projected Annual Gross Income of the Business




What Can I Do if My Company’s Domain Name is Taken?

If they registered the domain name after you obtained a trademark or incorporated, you have a decent shot of getting it back through an ICANN claim, an ACPA claim, or a lawsuit. However, there is no guarantee you’ll get the domain name back, especially if the registrant is overseas. Further, if the domain name was registered after you obtained a trademark or incorporated, you have a very poor chance of success. The better (and cheaper) option for most companies is to develop a new name that has an available, corresponding domain name. The moral of the story is to buy the domain name before you register for a trademark or incorporate under the name.


Author: Nathan Workman