Before we get too much deeper into this subject, let me share a key 
piece of information with you..."in the spirit of full disclosure," as 
attorneys love to say. The ideas I'm about to spell out should not be 
construed - there's another legal term for you - as legal advice. Why? 
Because I'm not an attorney. Actually, I'm a law school drop-out, which 
means I know just enough about the law to get myself in trouble. The 
ideas that follow are good ones, but you should discuss them with a 
licensed attorney, ideally one who works with small and start-up 
businesses.
Let's begin with what types of businesses should 
incorporate and why. If your business is benign, meaning incapable of 
doing any type of damage to your clients, customers or patients, there 
should be no need to incorporate your business. What's a "benign" 
business? Let's say you paint portraits. The chance of you physically 
harming anyone with your finished product is slim to none, so there's 
virtually no chance of anyone suing you for having caused them painful 
injury or physical damage.
Now let's say you've developed the most
 delicious BBQ sauce in all the word. Friends and neighbors who've eaten
 your BBQed ribs at your home rave about it. Some have even told you you
 should bottle it and sell it. That's enough to make your eyes light up 
'cause there's nothing more fun than making money doing what you enjoy 
doing, right? Wrong! Taking that well intentioned advice, you head for 
your kitchen, cook up a batch, bottle it and start selling it.
First
 of all, in most states you can't prepare food for commercial sale in a 
private, residential kitchen. But it gets worse. A week later, someone 
who bought a bottle and used it gets food poisoning and decides it was 
your BBQ sauce that made him or her sick. Maybe it was, maybe it wasn't,
 but they decide to sue you for the cost of their doctor and hospital 
bills, their time off from work and anything else they can put a price 
tag on. If you didn't incorporate your business, some or all of your 
personal assets - house, car, savings account, etc. - can be taken to 
satisfy that law suit.
If you've taken the time and made the 
modest investment to structure your business as a corporation, in 
virtually all cases those personal assets can't be touched by that type 
of court judgment I just described.
But if your business is 
structured as a sole proprietorship - including a DBA 
(Doing-Business-As) - those same personal assets of yours are also at 
risk. The same is true if your business is formed as a partnership. In a
 partnership, all the personal assets of each partner are "jointly and 
severally" at risk. Yes, another legal term.
It's enough of a risk
 to start a new business. Why add even more risk to your venture by not 
talking with an attorney before your take your first step? Because you 
might save a few hundred bucks? At the same time risking perhaps 
hundreds of thousands of dollars? That doesn't make much sense, does it?
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