Ask the Lawyer

Business Law

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Q: I am considering forming a company with a friend.  He’s suggested we form an LLC.  How do I know if that is the right type of company to own?


A
: Good question.  There are many different types of entities to choose from:  partnerships, limited partnerships, limited liability companies and corporations.  Each one is governed by a different statute and case law interpreting those laws.  Each one has different requirements and offers different rights, benefits and liabilities, and may have different tax treatment. 


It is important to check with a legal and/or tax advisor before you choose the entity and to make sure not only that you’ve chosen the one that is right for you and the venture, but also to make sure that you are compliant with law.


Erica B. Garay is the Chair of the Alternative Dispute Resolution practice group and a member of the firm’s Litigation practice. She is also an arbitrator and mediator and serves on the American Arbitration Association roster of neutrals for commercial and complex litigation.

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