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Business Litigation

Business Formation Attorneys in Akron Serving Clients in Northeast Ohio

If you are thinking about forming a business in Ohio, it is important to understand the different types of business structures and how they could affect your company. Choosing a business structure can be complicated, and it is important to work with an experienced Ohio business formation attorney as you form your business.

Types of Business Structures in Ohio

The type of business structure you choose will affect your business in many different ways. The type of business impacts the amount of tax you will pay and how you will be responsible for it, and it also impacts how individual owners bear responsibility for the business itself. The U.S. Small Business Administration (SBA) explains that you must choose a business structure before you can register your business, get your tax ID number, file for any necessary licenses or permits, and pay employees. The following are the most common types of business structures for individuals forming a business:

  • Sole proprietorship (for a single individual, and that individual and the business are one and the same for tax and bankruptcy purposes);
  • Partnership (this is the simplest business structure when two or more people want to create a business, and it is less formal than other business structures, but partners can be liable for the debts of the partnership);
  • Limited liability company, or LLC (this is a kind of hybrid of the partnership and the corporation in that it is a simpler structure like a partnership, but owners are not personally liable for the LLC, similar to a corporation); and
  • Corporation (typically corporations are either a C corp or an S corp, but most importantly, corporations are more complex business structures, and corporations are required for paying income taxes. Individual owners are completely separate from the corporation and thus rarely are personally responsible for the debts of the corporation absent fraud).

While you may be able to convert your business structure, you should not plan on doing so given that there could be significant financial and tax implications for you and your company.

How a Corporate Lawyer in Ohio can Help With Your Business Formation

At Niekamp, Weisensell, Mutersbaugh & Mastrantonio, LLP, we can provide many different services throughout the process of forming your business, including but not limited to the following:

  • Discussing different business structures;
  • Determining which business structures are best for your needs;
  • Drafting partnership and shareholder agreements;
  • Reviewing business formation documents; and
  • Handling tax questions concerning your business and its formation.

Once you have formed your business, our firm can continue representing your business in a variety of ways, such as drafting and reviewing employment contracts and handling commercial litigation matters.

Trademarking Your Company Name With the Help of an Ohio Business Lawyer

Many people who form a business want to trademark their company’s name. By trademarking your business name, you can ensure that no one else can use the name or profit from it. What is involved in trademarking your business name? There are a few steps you will need to take in order to register your trademark:

  • Check the Trademark Electronic Search System (TESS) database to ensure that no one else is using the trademark;
  • Visit the U.S. Patent and Trademark Office website to fill out the registration; and
  • Pay the fee, which is typically between $275 and $325.

When you fill out the registration application, you will need to provide information about your business, including the types of goods or services your business provides, when the trademark first was used, and whether there is a specific design that accompanies your business’s trademark.

Contact an Ohio Business Formation Lawyer

Are you considering forming a business? An experienced Ohio business formation lawyer can assist you. Contact Niekamp, Weisensell, Mutersbaugh & Mastrantonio, LLP at 330-434-1000 today.

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