Business & Corporate
Business Formation
Choosing the right structure and putting the right documents in place when a business starts.
Overview
What this involves
The choices made when a business is set up, including the type of entity, the state of formation, who owns what and how decisions are made, tend to stay with it long after the paperwork is signed. They are much easier to settle at the start than to renegotiate once the business has customers, employees and investors.
KMC Justice helps founders, small business owners and foreign companies form businesses in New York and elsewhere in the United States, and explains each choice in plain terms.
How We Assist
How KMC Justice Can Assist
We prepare the formation filings and the internal documents that govern the business, and we coordinate with your accountant on tax questions. The aim is a company that is ready to open a bank account, sign contracts, hire staff and, if the time comes, take on investors.
Scope
Matters We Handle
- Selecting between an LLC, corporation, partnership or other structure
- State filings, registrations and ongoing compliance steps
- Operating agreements, bylaws and shareholder agreements
- Ownership splits, vesting and founder arrangements
- US subsidiaries and branches for foreign companies
- Early contracts, terms of service and employment paperwork
FAQs
Frequently asked questions
Should I form an LLC or a corporation?
The answer depends on how the business will be owned, funded and taxed. We outline the trade-offs and work with your tax advisor before you decide.
Do I have to form the company in New York?
Not necessarily. Some businesses form in another state and register to do business in New York. We explain what each route involves.
Can someone living outside the United States form a US company?
In many cases, yes. Banking, tax and reporting questions need attention, and we coordinate with your other advisors on them.
This page provides general information, not legal advice. Every situation is different. Contact us to discuss yours.
Request a Consultation
Discuss your business formation matter with us.
Tell us briefly about your situation. We will review your inquiry and respond as appropriate.