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To incorporate or not?

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For a thorough discussion of the pros & cons of the various ways to set up

a small business written in English rather than legal jargon, I would

recommend " Starting & Running a Small Business " published by Nolo Press

(www.nolo.com) All the legal self-help books published by Nolo Press are

outstanding, but I found this one to be especially helpful when starting

out. This example of the limits of limiting personal liability via

incorporation was an eye opener:

" is the sole shareholder, director and officer of Market Basket

Corporation, which runs a food store. , a Market Basket employee,

drops a case of canned food on a customer's foot. The customer sues and

wins a judgment against the business. Only corporate assets are available

to pay the damages. is not personally liable.

If herself had dropped the case of cans, the fact that she is a

shareholder, officer and director of the corporation wouldn't protect her

from personal liability. She would still be personally liable for the

wrongs (called torts, in legal lingo) that she personally commits. So much

for theory. In practice, incorporating may not actually give you broad

legal protection.

In the real world, banks and some major corporate creditors often require

the personal guarantee of individuals within the corporation. So the

limited liability gained from incorporating isn't always as valuable a

legal shield as it first seems. "

Copied from Starting and Running a Small Business, Copyright © 1999,

Nolo.com

Best regards,

Ann P-P

Custom Stamps for Your Soap

http://www.soapimpressions.com

Soap Impressions

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