legal structure of business plan example

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How to Choose the Best Legal Structure for Your Business

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Choosing the right legal structure is a necessary part of running a business. Whether you're just starting out or your business is growing, it's crucial to understand the options.

Table of Contents

Your business’s legal structure has many ramifications. It can determine how much liability your company faces during lawsuits. It can put up a barrier between your personal and business taxes – or ensure this barrier doesn’t exist. It can also determine how often your board of directors must file paperwork – or if you even need a board. [Related article: What to Do if Your Business Gets Sued ]

We’ll explore business legal structures and how to choose the right structure for your organization. 

What is a business legal structure?

A business legal structure, also known as a business entity, is a government classification that regulates certain aspects of your business. On a federal level, your business legal structure determines your tax burden. On a state level, it can have liability ramifications.

Why is a business legal structure important?

Choosing the right business structure from the start is among the most crucial decisions you can make. Here are some factors to consider:

• Taxes: Sole proprietors, partnership owners and S corporation owners categorize their business income as personal income. C corporation income is business income separate from an owner’s personal income. Given the different tax rates for business and personal incomes, your structure choice can significantly impact your tax burden.
• Liability: Limited liability company (LLC) structures can protect your personal assets in the event of a lawsuit. That said, the federal government does not recognize LLC structures; they exist only on a state level. C corporations are a federal business structure that includes the liability protection of LLCs.
• Paperwork: Each business legal structure has unique tax forms. Additionally, if you structure your company as a corporation, you’ll need to submit articles of incorporation and regularly file certain government reports. If you start a business partnership and do business under a fictitious name, you’ll need to file special paperwork for that as well.
• Hierarchy: Corporations must have a board of directors. In certain states, this board must meet a certain number of times per year. Corporate hierarchies also prevent business closure if an owner transfers shares or exits the company, or when a founder dies . Other structures lack this closure protection.
• Registration: A business legal structure is also a prerequisite for registering your business in your state. You can’t apply for an employer identification number (EIN) or all your necessary licenses and permits without a business structure.
• Fundraising: Your structure can also block you from raising funds in certain ways. For example, sole proprietorships generally can’t offer stocks. That right is primarily reserved for corporations.
• Potential consequences for choosing the wrong structure: Your initial choice of business structure is crucial, although you can change your business structure in the future. However, changing your business structure can be a disorganized, confusing process that can lead to tax consequences and the unintended dissolution of your business. 

Types of business structures

The most common business entity types are sole proprietorships, partnerships, limited liability companies, corporations and cooperatives. Here’s more about each type of legal structure.

Sole proprietorship

A sole proprietorship is the simplest business entity. When you set up a sole proprietorship , one person is responsible for all a company’s profits and debts.

“If you want to be your own boss and run a business from home without a physical storefront, a sole proprietorship allows you to be in complete control,” said Deborah Sweeney, vice president and general manager of business acquisitions at Deluxe Corp. “This entity does not offer the separation or protection of personal and professional assets, which could prove to become an issue later on as your business grows and more aspects hold you liable.”

Proprietorship costs vary by market. Generally, early expenses will include state and federal fees, taxes, business equipment leases , office space, banking fees, and any professional services your business contracts. Some examples of these businesses are freelance writers, tutors, bookkeepers , cleaning service providers and babysitters.

A sole proprietorship business structure has several advantages.

• Easy setup: A sole proprietorship is the simplest legal structure to set up. If you – and only you – own your business, this might be the best structure. There is very little paperwork since you have no partners or executive boards.
• Low cost: Costs vary by state, but generally, license fees and business taxes are the only fees associated with a proprietorship.
• Tax deduction: Since you and your business are a single entity, you may be eligible for specific business sole proprietor tax deductions , such as a health insurance deduction.
• Easy exit: Forming a proprietorship is easy, and so is ending one. As a single owner, you can dissolve your business at any time with no formal paperwork required. For example, if you start a daycare center and wish to fold the business, refrain from operating the day care and advertising your services.

The sole proprietorship is also one of the most common small business legal structures. Many famous companies started as sole proprietorships and eventually grew into multimillion-dollar businesses. These are a few examples:

• Marriott Hotels

Partnership 

A partnership is owned by two or more individuals. There are two types: a general partnership, where all is shared equally, and a limited partnership, where only one partner has control of operations and the other person (or persons) contributes to and receives part of the profits. Partnerships can operate as sole proprietorships, where there’s no separation between the partners and the business, or limited liability partnerships (LLPs), depending on the entity’s funding and liability structure.

“This entity is ideal for anyone who wants to go into business with a family member, friend or business partner – like running a restaurant or agency together,” Sweeney said. “A partnership allows the partners to share profits and losses and make decisions together within the business structure. Remember that you will be held liable for the decisions made as well as those actions made by your business partner.”

General partnership costs vary, but this structure is more expensive than a sole proprietorship because an attorney should review your partnership agreement. The attorney’s experience and location can affect the cost. 

A business partnership agreement must be a win-win for both sides to succeed. Google is an excellent example of this. In 1995, co-founders Larry Page and Sergey Brin created a small search engine and turned it into the leading global search engine. The co-founders met at Stanford University while pursuing their doctorates and later left to develop a beta version of their search engine. Soon after, they raised $1 million in funding from investors, and Google began receiving thousands of visitors a day. Having a combined ownership of 11.4% of Google provides them with a total net worth of nearly $226.4 billion.

Business partnerships have many advantages. 

• Easy formation: As with a sole proprietorship, there is little paperwork to file for a business partnership. If your state requires you to operate under a fictitious name ( “doing business as,” or DBA ), you’ll need to file a Certificate of Conducting Business as Partners and draft an Articles of Partnership agreement, both of which have additional fees. You’ll usually need a business license as well.
• Growth potential: You’re more likely to obtain a business loan with more than one owner. Bankers can consider two credit histories rather than one, which can be helpful if you have a less-than-stellar credit score.
• Special taxation: General partnerships must file federal tax Form 1065 and state returns, but they do not usually pay income tax. Both partners report their shared income or loss on their individual income tax returns. For example, if you opened a bakery with a friend and structured the business as a general partnership, you and your friend are co-owners. Each owner brings a certain level of experience and working capital to the business, affecting each partner’s business share and contribution. If you brought the most seed capital for the business, you and your partner may agree that you’ll retain a higher share percentage, making you the majority owner.

Partnerships are one of the most common business structures. These are some examples of successful partnerships:

• Warner Bros.
• Hewlett-Packard
• Ben & Jerry’s

Limited liability company 

A limited liability company (LLC) is a hybrid structure that allows owners, partners or shareholders to limit their personal liabilities while enjoying a partnership’s tax and flexibility benefits. Under an LLC, members are shielded from personal liability for the business’s debts if it can’t be proven that they acted in a negligent or wrongful manner that results in injury to another in carrying out the activities of the business.

“Limited liability companies were created to provide business owners with the liability protection that corporations enjoy while allowing earnings and losses to pass through to the owners as income on their personal tax returns,” said Brian Cairns, CEO of ProStrategix Consulting. “LLCs can have one or more members, and profits and losses do not have to be divided equally among members.”

The cost of forming an LLC comprises the state filing fee and can vary depending on your state. For example, if you file an LLC in New York, you must pay a $200 filing fee, a $9 biennial fee, and file a biennial statement with the New York Department of State .

Although small businesses can be LLCs, some large businesses choose this legal structure. The structure is typical among accounting, tax, and law firms, but other types of companies also file as LLCs. One example of an LLC is Anheuser-Busch, one of the leaders in the U.S. beer industry. Headquartered in St. Louis, Anheuser-Busch is a wholly owned subsidiary of Anheuser-Busch InBev, a multinational brewing company based in Leuven, Belgium.

Here some other well-known examples of LLCs:

• Hertz Rent-a-Car

Corporation 

The law regards a corporation as separate from its owners, with legal rights independent of its owners. It can sue, be sued, own and sell property, and sell the rights of ownership in the form of stocks. Corporation filing fees vary by state and fee category. 

There are several types of corporations, including C corporations , S corporations, B corporations, closed corporations, and nonprofit corporations.

• C corporations: C corporations, owned by shareholders, are taxed as separate entities. JPMorgan Chase & Co. is a multinational investment bank and financial services holding company listed as a C corporation. Since C corporations allow an unlimited number of investors, many larger companies – including Apple, Bank of America and Amazon – file for this tax status.
• S corporations: S corporations were designed for small businesses. They avoid double taxation, much like partnerships and LLCs. Owners also have limited liability protection. Widgets Inc. is an example of an S corporation that operates very simply: Employee salaries are subject to FICA tax (as are all employee salaries), while the distribution of additional profits from the S corporation does not incur further FICA tax liability. [Learn more about FICA taxes for small businesses .]
• B corporations: B corporations, otherwise known as benefit corporations, are for-profit entities committed to corporate social responsibility and structured to positively impact society. For example, skincare and cosmetics company The Body Shop has proven its long-term commitment to supporting environmental and social movements, resulting in an awarded B corporation status. The Body Shop uses its presence to advocate for permanent change on issues like human trafficking, domestic violence, climate change, deforestation and animal testing in the cosmetic industry.
• Closed corporations: Closed corporations, typically run by a few shareholders, are not publicly traded and benefit from limited liability protection. Closed corporations, sometimes referred to as privately held companies, have more flexibility than publicly traded companies. For example, Hobby Lobby is a closed corporation – a privately held, family-owned business. Stocks associated with Hobby Lobby are not publicly traded; instead, the stocks have been allocated to family members.
• Open corporations: Open corporations are available for trade on a public market. Many well-known companies, including Microsoft and Ford Motor Co., are open corporations. Each corporation has taken ownership of the company and allows anyone to invest.
• Nonprofit corporations: Nonprofit corporations exist to help others in some way and are rewarded by tax exemption. Some examples of nonprofits are the Salvation Army, American Heart Association and American Red Cross. These organizations all focus on something other than turning a profit.

Corporations enjoy several advantages. 

• Limited liability: Stockholders are not personally liable for claims against your corporation; they are liable only for their personal investments.
• Continuity: Corporations are not affected by death or the transferring of shares by their owners. Your business continues to operate indefinitely, which investors, creditors and consumers prefer.
• Capital: It’s much easier to raise large amounts of capital from multiple investors when your business is incorporated.

This structure is ideal for businesses that are further along in their growth, rather than a startup based in a living room. For example, if you’ve started a shoe company and have already named your business, appointed directors and raised capital through shareholders, the next step is to become incorporated. You’re essentially conducting business at a riskier, yet more lucrative, rate. Additionally, your business could file as an S corporation for the tax benefits. Once your business grows to a certain level, it’s likely in your best interest to incorporate it.

These are some popular examples of corporations:

• General Motors
• Exxon Mobil Corp.
• Domino’s Pizza
• JPMorgan Chase

Learn more about how to become a corporation .

Cooperative

A cooperative (co-op) is owned by the same people it serves. Its offerings benefit the company’s members, also called user-owners, who vote on the organization’s mission and direction and share profits.

Cooperatives offer a couple main advantages.

• Increased funding: Cooperatives may be eligible for federal grants to help them get started.
• Discounts and better service: Cooperatives can leverage their business size, thus obtaining discounts on products and services for their members.

Forming a cooperative is complex and requires you to choose a business name that indicates whether the co-op is a corporation (e.g., Inc. or Ltd.). The filing fee associated with a co-op agreement varies by state. 

An example of a co-op is CHS Inc., a Fortune 100 business owned by U.S. agricultural cooperatives. As the nation’s leading agribusiness cooperative, CHS reported a net income of $547.5 million for fiscal year 2023. These are some other notable examples of co-ops:

• Land O’Lakes
• Navy Federal Credit Union
• Ace Hardware

Factors to consider before choosing a business structure

For new businesses that could fall into two or more of these categories, it’s not always easy to decide which structure to choose. Consider your startup’s financial needs, risk and ability to grow. It can be challenging to switch your legal structure after registering your business, so give it careful analysis in the early stages of forming your business. 

Here are some crucial factors to consider as you choose your business’s legal structure. You should also consult a CPA for advice.

Flexibility 

Where is your company headed, and which type of legal structure allows for the growth you envision? Turn to your business plan to review your goals and see which structure best aligns with those objectives. Your entity should support the possibility for growth and change, not hold it back from its potential. [Learn how to write a business plan with this template .]

When it comes to startup and operational complexity, nothing is more straightforward than a sole proprietorship. Register your name, start doing business, report the profits and pay taxes on it as personal income. However, it can be difficult to procure outside funding. Partnerships, on the other hand, require a signed agreement to define the roles and percentages of profits. Corporations and LLCs have various reporting requirements with state governments and the federal government.

A corporation carries the least amount of personal liability since the law holds that it is its own entity. This means creditors and customers can sue the corporation, but they can’t gain access to any personal assets of the officers or shareholders. An LLC offers the same protection but with the tax benefits of a sole proprietorship. Partnerships share the liability between the partners as defined by their partnership agreement.

An owner of an LLC pays taxes just as a sole proprietor does: All profit is considered personal income and taxed accordingly at the end of the year.

“As a small business owner, you want to avoid double taxation in the early stages,” said Jennifer Friedman, principal at Rivetr. “The LLC structure prevents that and makes sure you’re not taxed as a company, but as an individual.”

Individuals in a partnership also claim their share of the profits as personal income. Your accountant may suggest quarterly or biannual advance payments to minimize the effect on your return. 

A corporation files its own tax returns each year, paying taxes on profits after expenses, including payroll. If you pay yourself from the corporation, you will pay personal taxes, such as those for Social Security and Medicare, on your personal return. 

If you want sole or primary control of the business and its activities, a sole proprietorship or an LLC might be the best choice. You can negotiate such control in a partnership agreement as well.

A corporation is constructed to have a board of directors that makes the major decisions that guide the company. A single person can control a corporation, especially at its inception, but as it grows, so does the need to operate it as a board-directed entity. Even for a small corporation, the rules intended for larger organizations – such as keeping notes of every major decision that affects the company – still apply.

Capital investment

If you need to obtain outside funding from an investor, venture capitalist or bank, you may be better off establishing a corporation. Corporations have an easier time obtaining outside funding than sole proprietorships.

Corporations can sell shares of stock and secure additional funding for growth, while sole proprietors can obtain funds only through their personal accounts, using their personal credit or taking on partners. An LLC can face similar struggles, although, as its own entity, it’s not always necessary for the owner to use their personal credit or assets.

Licenses, permits and regulations

In addition to legally registering your business entity, you may need specific licenses and permits to operate. Depending on the type of business and its activities, it may need to be licensed at the local, state and federal levels.

“States have different requirements for different business structures,” Friedman said. “Depending on where you set up, there could be different requirements at the municipal level as well. As you choose your structure, understand the state and industry you’re in. It’s not ‘one size fits all,’ and businesses may not be aware of what’s applicable to them.”

The structures discussed here apply only to for-profit businesses. If you’ve done your research and you’re still unsure which business structure is right for you, Friedman advises speaking with a specialist in business law.

Think about your businesses needs

When it comes to choosing the right legal structure for your business, considering your business’s needs is of the utmost importance. By prioritizing your business’s unique situation, you can choose the right structure to ensure your business can grow to the heights you envision. As it does grow, you can restructure so the legal parameters match the phase your business is in. 

Max Freedman and Matt D’Angelo contributed to this article. Source interviews were conducted for a previous version of this article.

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How to Determine the Legal Structure of a Business

Written by Vinay Kevadiya

Published Sep. 27 2024 · 8 Min Read

The foundation of a successful business is a solid legal structure.

Choosing the right legal framework protects your personal assets and significantly impacts your operations, taxes, and liability.

So, if you're an entrepreneur looking to restructure your existing business, it’s best to consider the legal structure of your business plan from the start.

Need more clarification about business plan legal structures and how to choose the right one for your business? We have you covered!

In this blog, you'll explore the types of business structures and learn how to select the best legal structure of a business .

But first, let's understand the legal structure of a business plan.

What is a legal structure in a business plan?

The legal structure in a business plan explains how your business is recognized and organized in the eyes of the law. It also shows the type of ownership your business has, whether it’s a partnership firm, sole proprietary, or LLP.

The structure determines key aspects of your business, which include:

• Liability for debts
• Legal responsibilities
• Distribution of profit and loss

The main purpose of legal structure in a business plan is to provide clarity and direction for your business's operations and governance. Choosing the right legal structure is crucial, as it directly impacts your business's future.

Fun Fact: The sole proprietorship is the simplest business structure and that outnumbers all other types combined. It’s like the hardworking bee of the business world—often unnoticed but highly effective.

5 common types of legal structures for businesses

Understanding legal structures is crucial as each structure affects how you operate and grow your business.

Hence, here’s the list of common types of legal structures for businesses for your reference:

1) Sole proprietorship

A sole proprietorship is business owned and operated by one individual. The owner has complete control and is personally responsible for all business debts and obligations. There’s no legal distinction between the owner and the business.

A sole proprietorship is the most straightforward and most affordable structure to set up, requiring minimal paperwork.

2) Partnership

A partnership involves two or more individuals who manage and operate a business together, as well as share profits and liabilities.

There are two main types of partnerships:

General partnership: It’s where all business partners manage the business and share liabilities.

Limited partnership: A partnership where some partners invest without taking an active role in management.

3) Limited Liability Company (LLC)

An LLC is a hybrid business structure that combines elements of partnerships and corporations. It provides the liability protection of a corporation with the tax benefits of a sole proprietorship or partnership.

A limited liability company allows unlimited members, making it suitable for small and large businesses. Notably, the owners aren’t personally liable for business debts beyond their investment in the company.

4) Corporation

A corporation is a legal structure that treats a business as separate from its owners, known as shareholders. This means the corporation can own property, enter contracts, and be responsible for its debts rather than the individual owners.

There are two common types of corporation:

C corporation: This is a standard type of corporation. It doesn’t have a limit on the number of shareholders. However, it faces double taxation, with profits and dividends taxed at the corporate level.

S corporation: This corporation is limited to 100 shareholders. It offers the same legal protection as a C Corporation but has the tax benefits of a partnership.

5) Limited Liability Partnership (LLP)

A Limited Liability Partnership (LLP) is a business structure that combines the features of both partnerships and corporations.

It provides limited liability protection to its partners while allowing them to manage the business directly. This means the partners are only responsible for the business's debts up to the amount they invested, and their personal finances remain protected.

Due to their flexibility and liability protection, LLPs are particularly popular among professional service firms, such as law and accounting firms.

How to choose the right legal structure for your business?

Choosing the right business structure is essential for your business sustainability as it directly impacts your taxes, personal assets, and liabilities.

Here’s a table that provides an overview of each legal structure, so you choose the best fit for your business.

Besides the above factors, when choosing a legal structure, assess your business goals, the level of risk you’re willing to take, and how you plan to grow. Think about factors such as owner liability, tax implications, and the ability to raise capital.

For instance, if you aim for significant growth and seek outside investors, a corporation might be beneficial. Conversely, a sole proprietorship or LLC might be more suitable if you prefer simplicity and control with lower risks.

Examples of legal structure in a business plan

A well-crafted legal structure can help your business prosper and provide sustainability. Here are some examples that demonstrate how to write a legal structure in your business plan:

Firm Name - TechSavvy Solutions

Legal Structure - S corporation

Our business, TechSavvy Solutions, a software development company, will be structured as an S Corporation. This legal structure was selected to provide personal liability protection for the owners while offering tax advantages, as profits and losses will pass through directly to the shareholders' income taxes, avoiding corporate-level taxation.

As an S Corp, TechSavvy Solutions will have a maximum of 100 shareholders, all of whom must be U.S. citizens or resident aliens. The company will be owned by three co-founders - Mitchael Marshal, Jane Smith, and Michael Johnson - who will hold an equal number of shares. This setup supports our goal of maintaining strong financial transparency while scaling operations over time.

Firm Name - FreshBites Catering

Legal Structure - Sole proprietorship

A local catering business named FreshBites Catering will operate as a sole proprietorship owned and managed by Sophia Miller. This simple structure was chosen for its ease of setup and minimal legal requirements, allowing Sophia to focus on building her business. As a sole proprietor, Sophia will have complete control over business decisions and report all profits and losses on her tax return.

While a sole proprietorship provides no legal distinction between the business and its owner, Sophia's catering business will have a separate business name and bank account. She will also obtain the necessary licenses and permits to operate in her local jurisdiction. The sole proprietorship structure is well-suited for Sophia's immediate needs, but she may consider transitioning to a more complex structure, such as an LLC, as the business grows.

Firm Name - Blue Horizon Travel

Legal Structure - Limited Liability Company (LLC)

Blue Horizon Travel will be organized as a Limited Liability Company (LLC). The owners chose this structure to protect their liability.  It will allow tax flexibility, business income to pass through to the owners' income taxes, and avoid corporate taxation.

Blue Horizon Travel will be owned and managed as an LLC by two partners, Ally Smith and John Williams, who have equal ownership and decision-making authority. The LLC structure also allows us to bring in additional members in the future, which aligns with our long-term growth strategy.

Wrapping up

In this blog, we explored the types of business structures you can use as the foundation for building and organizing your business. With complete information, you can confidently choose the one that aligns with your goals, size, and operational needs.

However, if you still need help creating a well-structured business plan that includes legal considerations, you can use, Bizplanr . It’s an innovative tool that leverages AI capability to guide you through the process of crafting a comprehensive business plan align to legal structures in under 10 minutes!

Get started today.

Get Your Business Plan Ready In Minutes

Answer a few questions, and AI will generate a detailed business plan.

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Frequently Asked Questions

What is the best legal structure for a small business?

The best legal structure for a small business is often a Limited Liability Company (LLC). It offers personal liability protection for the owners while providing flexibility in management and tax options. It’s easy to set up and maintain, making it ideal for small businesses.

What legal structure is best for getting investors?

For attracting investors, a C Corporation is typically the best choice. It can issue multiple classes of stock, allowing for more flexible investment opportunities. They also provide limited liability protection, which appeals to potential investors.

Can I change my business structure after forming the company?

Yes, you can change your business structure after forming the company. However, this process may involve additional paperwork, legal requirements, and potential tax implications, so it’s essential to consult a professional.

Do I need a lawyer to set up my business structure?

While you don’t necessarily need a lawyer to set up your business structure, it’s highly recommended. A lawyer can provide valuable guidance, ensure compliance with local laws, and help you avoid costly mistakes during the setup process.

What legal structure should I choose for a family business?

An LLC or a partnership is often a good choice for a family business. Both structures allow for flexible management and profit-sharing while protecting personal assets from business liabilities. The choice depends on your specific needs and how you plan to involve family members in the business.

As the founder and CEO of Upmetrics, Vinay Kevadiya has over 12 years of experience in business planning. He provides valuable insights to help entrepreneurs build and manage successful business plans.

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Sole Proprietorship

Partnership, limited liability company (llc), corporation, templates and examples to download in word and pdf formats, how to choose the best legal structure for your business.

Deciding on a specific type of legal structure when you've just started your business journey can be complicated. It's hard to know exactly what the differences are, how the different structures can benefit you, and what any risks might be.

Luckily, it doesn't have to be so complicated! In fact, we've published this guide on everything you need to know about choosing the right legal structure for your business to help you along the way.

The most common business structures are sole proprietorships, partnerships, limited liability companies, and corporations. Here, you'll learn about each one in detail to help you choose the right fit for your business, as well as a non-profit, which you might consider for a new charitable business.

What type of structure you choose will make a big difference over the life of your business. It can have significant tax implications, as well as implications for your personal level of risk. It is not a decision that should be made lightly.

Below, we examine each common business structure in detail.

A sole proprietorship is the simplest type of business structure and the easiest to form and maintain. A sole proprietorship is basically a business that is you - and you are the business! For example, if you were a freelance writer on the internet and wanted to operate as a sole proprietorship, you wouldn't have to do anything at all to already be up and running, as long as you wanted to operate under your name.

In a sole proprietorship, no separate legal entity is created. If you'd like to operate under a special name, like a new business name or just a different name other than your own legal name, you would file what is called a "Doing Business As" (or DBA, as it is referred to) document with your state. All this document does is tell the state that you, as a legal person, are doing business under the name you've chosen for your business.

Because of the simplicity of the sole proprietorship, the way that your taxes are handled is also fairly simple. The taxes of the sole proprietorship would "pass through" to you, meaning you report any profit or loss on your own taxes and don't have to go through a separate process for the business.

One of the biggest drawbacks to a sole proprietorship is that you can be personally on the hook for any business liabilities - whether you make a big financial loss one year or whether your business gets sued. That's because in a sole proprietorship, there is no separation between you as a person and you as a business, so anything you own, in terms of assets, may be up-for-grabs by any creditors or the public to whom you are facing liability.

Another big drawback is that you may have a hard time raising any money. In a sole proprietorship, you can't issue stock in the company, so it could be hard to attract capital investors. You also may not have much success getting a bank loan, because banks generally don't favor lending to sole proprietorships.

How to form a sole proprietorship

To create a sole proprietorship, as mentioned above, you wouldn't have to file anything with your state other than a DBA, if you'd like. There can be fees associated with the DBA form, which vary per state. But keep in mind you might have separate documents to file, depending on your business. These could include special licenses or permits.

Why you might choose a sole proprietorship

A sole proprietorship is a good idea if you are a solopreneur with a small business and you are planning to keep it that way. It's very easy to form (you either have to file no documents or just one DBA) and you can get focused on starting your business right away. It's also very cheap to get started.

Especially if your business may not be facing a high level of risk, a sole proprietorship might be for you. A sole proprietorship wouldn't be recommended if, let's say, you ran a business that dealt with large amounts of other people's money on a regular business, or as a health professional, or really any area where the risk of being liable for something serious is high.

Final overview

Sole proprietorship benefits:.

1. It's cheap and easy to form.

2. Taxes are easy to keep track of.

3. You still have the option to have employees if you would like.

Sole proprietorship drawbacks:

1. There is a high level of personal risk for liabilities.

2. You may have difficulty raising funds.

If a sole proprietorship is the simplest business structure for an individual looking to operate their own small business, a partnership might be considered that for two or more people.

In a partnership, the two or more "partners," as they are called, each generally have a say in how the company runs (depending on the structure of the partnership) and each own a piece of the company, including its profits and losses.

In a partnership, you can also have different types of partners - general partners and limited partners - or you can have just a general partnership with all the same types of partners. General partners are equally responsible for everything: all the profits, any potential losses, any liabilities that might come up, and general responsibility for the company, including the amount of work done. Limited partners are those that are basically only partners for a financial reason, in that they invest but have not much else to do with how the company runs. Overall, partnerships with limited partners are a little rarer, as people like to go into partnerships with equal weight.

Imagine a situation where two people decide to open a yoga studio together. Their structure of choice may be a partnership.

A joint venture, formed with a Joint Venture Agreement , is a type of general partnership that only lasts for one specific project or a limited amount of time.

Joint venture is a generic term for any business relationship between two parties for a limited time. A joint venture could be for a brand new business, or just one marketing promotion, or even just a project between two already-formed businesses. In a joint venture, the parties could decide to form a temporary partnership, with a Partnership Agreement , but they don't have to: they can also retain their fully separate legal identities and just operate with a Joint Venture Agreement.

Taxes in a partnership can pass through, just like in a sole proprietorship.

The formation of a partnership, however, can be very complicated. Many states have adopted something called the Uniform Partnership Act, which makes the written Partnership Agreement very important. Partners will need to figure out everything from how they'll run the day-to-day business to what happens if the business folds or if someone wants to leave.

The Uniform Partnership Act is similar to a model statute or model law, in that it was drafted to be applicable uniformly, but states each had to individually adopt it. The Uniform Partnership Act, or UPA, gives guidance on how business partnerships should be formed, governed, and dissolved.

How to form a partnership

As mentioned above, the basis of partnership formation is the written Partnership Agreement, which sets out all of the details of the business relationship between the parties. Unless you also want to file a DBA, you won't need to file any partnership documents with your state.

Keep in mind, however, that as above, you may need specific licenses or permits for your particular business model.

Why you might choose a partnership

A partnership is a good idea if you are running a small business with another individual or a few individuals. As with a sole proprietorship, it's very easy to form (you either have to file no documents with the state or just one DBA) and you can get focused on starting your business right away. It's also very cheap to get started, just like a sole proprietorship.

If you're not sure of the trustworthiness of your potential partners, however, a partnership may not be the way to go for you, as you could be exposing yourself to a high level of risk just because of the actions of your partners. Either way, however, you should always have a well-written Partnership Agreement in place.

Partnership benefits:

1. It's relatively cheap to form.

2. Generally, unless you have a DBA, you won't need to file with the state.

3. Taxes pass through.

Partnership drawbacks:

1. The Partnership Agreement can be a complicated document.

2. It can be very risky if your partners are not trustworthy.

A Limited Liability Company, or LLC for short, has largely become the preferred form of structure for many small- to medium-sized businesses, and even for a lot of solo business owners. The reason for this is because it has a lot of benefits of other types of business structures, without as much of the risk.

In an LLC, there is a lot of customization available for how the business is run. LLCs can be used for small businesses or large ones. You can form an LLC just for yourself or have an LLC with many different members. The main benefit of an LLC is that your personal assets are shielded from liability - hence the name, "limited liability" company.

Taxes still pass through in LLCs. If you are a single-member LLC, the taxation is similar to a sole proprietorship. In a multi-member LLC, you are taxed on just your portion of the profits.

LLCs can, therefore, be formed for almost any purpose - for a single freelance artist or a group of people looking to open a bakery together, for example. LLCs can even be formed for professionals, like a legal or medical practice.

Since all business structures are formed according to the state, and not federal, government, the requirements to file and run the business, especially for the more complicated structures, can vary.

Forming an LLC is more complicated than either a sole proprietorship or partnership, as it involves filing specific documents in a specific form with the state.

How to form an LLC

An LLC is generally filed with your state by drafting Articles of Organization , the creation document for the company. Before this, you'll also have to ensure that you have a business name that will work by running a search on your proposed business name with your state's Secretary of State (usually this can be done easily on the Secretary of State website). An Operating Agreement is also a very good idea to have drafted (though it is not required), especially if you have more than one LLC member.

If you would like to operate under a special name for your LLC, you may also have to file a DBA.

Why you might choose an LLC

An LLC is a good idea when you want to have the maximum amount of liability protection for your business, either as a solo business owner or as part of a team and you don't want to build a corporation (more on that below). It's also a good idea if you still want the simplicity of taxation and the ability to organize your business as you like.

Whenever you file your LLC, make sure you keep all of the records separate to ensure your liability protection. Your organizational records, banking records, and, if applicable, personnel records all need to be records of the LLC specifically, not mixed in with your own personal records.

LLC benefits:

1. You are protected from personal liability.

2. Taxes pass through.

LLC drawbacks:

1. It's a little more expensive and complicated to form than a sole proprietorship or partnership.

2. Your liability is subject to the separateness of all of your records.

A corporation is generally the most complex legal structure , involving a lot of time and resources at its formation and then on through its life. A corporation is its own separate entity - often sometimes compared to a business version of a legal "person." In other words, the corporation is its own body separate and apart from you or any of the other owners, called "shareholders."

A corporation can take one of three main forms: the C corporation, the S corporation, or the lesser-known B corporation.

Most big companies in the United States, like Fortune 500 companies, are organized into a C corporation. It's the "traditional" corporate structure that people think of when they think of corporations. In a C corp, there are owners, called shareholders as noted above, who all put money into the business and receive shares, or stock, in return. The corporation gets taxed on its own - but so do any shareholder earnings, which means that with corporations, there is what's called "double taxation." All that means is that money into the corporation gets taxed as does money to the shareholders. In a C corp, there is almost no personal liability of the shareholders. Additionally, there is the possibility of the shareholders earning a lot of income if the corporation ever goes public.

The S corporation is a slightly different entity, similar to the C corp, but with the possibility of pass-through taxation. As discussed in the other business forms, what this means is that profits and losses can go straight to the owner or owners of the S corp, making it a good idea for small businesses. The S corp is a little more limited than the C corp in most states, however, as it can usually only be held by a certain limit of private individuals (for example, up to 25 owners that all have to be real people, rather than legal entities).

A B corporation is a lesser-known structure than the others and that's because it won't be applicable to most people. B Corps are designed for those that want to form essentially a C corporation but for some social good. The B stands for "benefit." A B Corp is very similar to a C Corp, except that sometimes the corporation receives certain tax breaks.

How to form a Corporation

Corporations are formed by filing a significant document covering the details of the corporation with the Secretary of State, called the Articles of Incorporation . Most corporations need to have a viable business name and go on to obtain a tax identification number from the Internal Revenue Service.

It's a good idea to also draft a document called the Corporate Bylaws , which set down the governing rules for the corporation.

Why you might choose a Corporation

You might decide to file a corporation if you are looking for a lot of growth potential for your business or if you knew you wanted to start bringing on shareholders right away. A corporation is a good idea if you plan to hire a lot of employees, as well.

It's probably not a good idea for very small business or individuals who don't plan to grow at a very high rate, as the expense of setting up and maintaining the structure, as well as the double taxation, would easily make it more cumbersome than its worth.

Corporation benefits:

2. Raising capital may be easier here than any other business form.

Corporation drawbacks:

1. It's more expensive and complicated to form than any other business form.

2. It's also complicated and expensive to maintain.

3. Double taxation may end up costing you more.

A non-profit is different than all of the other business structures - and the difference is in its name. Non-profits are created for a different reason than just generating profit; usually, the reason is some kind of social cause.

Non-profits are tax-exempt entities, and because of this, they need to have a specific purpose that is either charitable, religious, or educational.

How to form a Non-profit

Forming a non-profit requires Articles of Incorporation with the Secretary of State. You'll then need to file specifically to obtain tax-exempt status from both your state and the federal government.

If you plan to have multiple people in your non-profit, drafting Non-Profit Bylaws is a good idea.

Why you might choose a Non-profit

The option for a non-profit is really only there if you have a business that is for charitable, religious, or educational purposes. Once you decide that you do, then you must ensure you really aren't running a business for profit and that the primary purpose is for another reason. If those requirements are met, the non-profit is the best choice for you.

If you'd like to run a business for a social cause, but still want to have the main goal of earning a profit, a B corporation might be better suited to your needs. With a non-profit, one of the main activities will simply have to be fundraising to keep the business afloat. In a B corporation, however, you can do good and still turn a profit.

Non-profit benefits:

1. Tax-exempt status can be obtained.

2. It's the best structure for any primarily charitable business.

Non-profit drawbacks:

1. You must meet the requirements to open a non-profit.

2. Your business can't be run primarily to earn a profit.

When deciding what type of structure might be best for you, ask yourself the following questions:

1. How much time and effort am I willing to put in to set up the business at the beginning?

2. How much time and effort am I willing to put in to maintain the business over time?

3. Is pass-through taxation important to me?

4. What will be personal liabilities be?

5. Am I interested in easily raising capital?

Once you've asked yourself these questions, with the knowledge obtained from this guide, you'll be in a great place to decide what the best structure is for your needs.

About the Author: Anjali Nowakowski is a Legal Templates Programmer at Wonder.Legal and is based in the U.S.A.

• Partnership Agreement
• Articles Of Organization
• Non-Profit Bylaws
• Corporate Bylaws
• Articles Of Incorporation

How to Write the Company Overview for a Business Plan

10 min. read

Updated January 17, 2024

What does your business structure look like? Who is involved? What’s your history?

These are all important questions that you’ll answer by writing the company overview section of your business plan. 

We’ll explain what to include, how to write it, and provide completed examples for you to reference.

• What is a company overview?

The company overview (or business overview) section of your business plan briefly explains the legal structure, management team, and history of your business. 

The company overview is typically the shortest chapter of your plan and works as a sort of company record. 

It’s incredibly important if you’re seeking investment as it explains how the business is legally structured and who is involved from an ownership and management perspective.

However, you likely don’t need a company overview if you don’t plan on presenting or sharing the plan with someone outside of your business.

• What to include in the company overview

What’s included in your company overview depends on how you intend to use your business plan. 

For example , if you don’t intend on sharing your plan with anyone outside of your organization, you can likely skip documenting simple legal information.

For this guide, we’ll cover the basics that most businesses should include in their company description.

Business structure

First, you’ll want to define what type of organization your business is registered as. The most common business structures in the US include:

• Sole proprietor
• Partnership

Take some time to understand the differences. Your business structure will impact how you file your taxes , your liability for business debt, and the type of insurance you’ll need. 

For the purposes of this section, it provides context for how your business legally operates. Consider adding an explanation of why you chose this specific structure and how it impacts your business.

Read More: Types of Business Structures Explained

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You’ll also need to outline the ownership stake in your company. Just list out who owns what percentage of your business, even if it’s just you. 

It may also be useful to include how each individual is involved in your business. 

However, if an investor or equity holder is involved in day-to-day operations, you may want to go more in depth on the management portion of your company overview, detailing each member’s experience and qualifications.

Location(s)

Include basic logistical information about where your business is located , additional locations the business owns, and any locations that may be acquired in the near future.

Don’t worry about going overly in-depth regarding each location’s facilities and operational functions. You will cover those details as part of the operations section of your business plan .

Company history

Your company background or history is the “Once upon a time…” of your business plan. At a minimum, you should include:

• When it was founded
• Who was involved
• Major milestones up to this point

The details in this section will vary depending on who this business plan is being presented to and the stage of your company. 

For example: if you’re a relatively young business, don’t assume you have no history. 

It may not be a lengthy epic, but you have the history of who came up with the idea , how they came up with it, and how and why other people joined. 

This can matter to potential investors.

So, stay flexible when describing your history. Always keep your specific business purpose and your target reader in mind. 

If you share your plan with a third party, focus on presenting a strong track record of success and good decision-making. If you have a longer history, there are likely highlights to include and some key points you want to make. 

Just make sure not to bore them by overloading your plan with lengthy information that doesn’t connect back to your key business decisions.

Management team

The management team section of your business plan is where you showcase your team and their finest attributes.

Be sure to include details about yourself and your employees , including: 

• Work experience
• Past successes
• Degrees or other credentials 

Professional gaps and planned hires

There may be team members you know you’re lacking. In that case, mention these roles and your plans to fill them.

Include which people might be taking on multiple responsibilities to fill the current gap. Additionally, if you have specific people in mind, include them, even if they aren’t currently on staff.

It’s worth pulling in supporting data from your personnel forecast that’s part of your financial plan . It doesn’t have to be overly detailed. It can just be a simple personnel table with reference to where the full financial exploration is located.

Board of advisors

If you have mentors or board members who aren’t directly involved, but help you to define your vision and overall strategy—they’re also worth mentioning. 

This can bolster your credibility through association with well-respected and experienced individuals. 

Just like with your management team and staff, include their name, position, credentials, experience, and any other important information that showcases why their involvement is valuable.

Similarly, if you are working with a lawyer , accountant, or other supporting professional—include them.

• How to write your company overview

The company overview is one of the more straightforward sections when writing a business plan. You already know what to include, so here’s how we recommend you approach the writing process.

1. Cover the basics

Start by listing and grouping your business information into the appropriate sections. 

Depending on what you intend to do with your plan, this may be all you need for now. This is a high-level overview of your business; the most important thing is having all the necessary information in one place.

Focus on brevity. 

You can always reference other areas of your plan and house additional documents (like resumes, articles of incorporation, legal documents, full company timeline, etc.) in your appendix .

2. List the high points of your history

Take the time to accurately reflect your company history. Avoid creating a vague story or an overly long narrative documenting every small decision you’ve made. 

Like everything else in this section, keep it short and sweet. Highlight key dates, milestones (like a product or service launch), and other crucial events that impacted the trajectory of your business.

Remember, you can always point to other areas of your plan when necessary.

3. Adjust to your target audience

While we recommend keeping this section simple, it may require updates depending on who is reading your plan. That typically means adding more context or reasoning for why your business is set up as it is.

For example: You start as a partnership and include your business structure as a formality. However, you are now planning to apply for a loan . It would be worth revisiting the overview at this stage to add a brief statement about why you chose this structure and how it impacts your business.

• Company overview examples

Even if you know what to include, it can still be helpful to review completed business overview examples to confirm you’re on the right track. 

Agriculture farm company overview example

Ownership & structure.

Botanical Bounty is an Oregon L.L.C. owned by David and Susan Nealon. The L.L.C. business structure has been chosen as a strategic way to shield the Nealons from personal liability.

Botanical Bounty has been in operation for two years. It started as a hobby where Susan could use her plant biology skills while covering some of the costs. The Nealons were able to achieve this lifestyle due to a windfall that David received as a result of exercising stock options. 

After the second year, the Nealons decided that although they had the money to live on for many years, it would be irresponsible to needlessly spend it so they got serious about the business and made a concerted effort to become profitable.

Botanical Bounty has chosen the Willamette River Valley as an ideal place to grow perennials and owns 10 acres of land used for production. During several of the winter months, production is moved into their greenhouse for propagation. Botanical Bounty employs a drip irrigation system for all of the plants.

Botanical Bounty will be led by the husband and wife team of David and Sue Nealon. David brings a wealth of business and project management skills to the company. 

While working at Yahoo!, David was responsible for the successful launch and market lead capture of Yahoo!’s driving directions section. David will be responsible for the business operations of the farm. 

Sue, with a background in plant biology, will be the driving force of the operation, growing the highest active ingredient content plants in the country. Additionally, because of her wealth of knowledge, she will lead the sales department.

Nursing home company overview example

Ownership & structure.

Bright House is chartered as a nonprofit 501(C)(3) corporation in Middletown, CT, with the goal of providing holistic and respectful assisted living and skilled nursing home care to a small group of elderly residents. 

Our primary location is the old Wayfield Bed and Breakfast on Farmer’s Road, which we have spent the last five months converting into a two-building nursing home facility in line with Eden Alternatives “Greenhouse” model for enlightened elder living.

Management Team

Bright House offers a different management structure from that of the typical hospital-model nursing home. Our primary caregivers, the 6 Elder Assistants, work as a self-managed team. They meet with the Medical Director and the nurse on-call every morning to coordinate care for the coming day.

The Medical Director has the ultimate responsibility for the health and well-being of all residents and visitors. However, the nursing and caregiving staff have unique knowledge about the residents’ physical, social, and mental well-being. They are expected to note, discuss, and recommend courses of action for all residents who, in their combined estimation, need help.

Our compensation packages, management structure, and caregiving requirements are designed to continually remind our LPNs and Elder Assistants how very valuable they are. 

Dr. Mildred Johnson is our Medical Director

Dr. Johnson has served as the head of Gerontology for six years at The Connecticut Hospital and oversaw the creation last year of their Elder Assistant training program, which provides certification for Certified Nursing Assistants (CNA) to provide in-home hospice and respite care. 

Dr. Johnson has 20 years of experience working with elderly patients in this area and has been integral in designing the physical layout, management structure, and priorities of Bright House.

The rest of our already-hired caregiving staff brings a whopping 75 years of professional experience in caring for elderly patients.

Financial Management

Madeleine Morgan has been overseeing the financial management of nonprofit organizations in Connecticut for 27 years. 

She became involved in our project when her mother developed a long-term care plan with Dr. Johnson which included home-based hospice care.

“I wish everyone could have the same love and attention Dr. Johnson showed to my mother,” Madeleine said. 

Ms. Morgan will be in charge of all financial operations at Bright House, overseeing billing, personnel payment and benefits, and development efforts.

Advertising and Marketing

We are fortunate to have a skilled public relations officer in our group. Janice Ruthers is a retired ad executive living in Middletown with her husband (a professor at the university). 

She will be working 20 hours per week in our offices as a volunteer for the first two years of our plan, helping us design advertisements and brochures and plan events like our Open House in December to let the public see the results of our efforts.

Management Team Gaps

We still need to hire one swing-shift LPN and one Elder Assistant. We are currently recruiting through Dr. Johnson’s connections at The Connecticut Hospital and expect to complete our team by mid-December at the latest.

• Explore more business plan examples

Want to see more examples like these? Check out our library of over 550+ sample business plans to see how other real-world businesses structured their company overview sections. 

You can also download a free business plan template to ensure you cover all the necessary details. It includes step-by-step instructions to make writing quick and easy.

Tim Berry is the founder and chairman of Palo Alto Software , a co-founder of Borland International, and a recognized expert in business planning. He has an MBA from Stanford and degrees with honors from the University of Oregon and the University of Notre Dame. Today, Tim dedicates most of his time to blogging, teaching and evangelizing for business planning.

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