Welcome back to the second half of our two-part article tutorial on forming your own eBusiness. In part one, we talked about forming the idea, gathering up your resources and brainstorming for that winning company title. If you haven’t checked out the post already… I highly recommend that you go back and read up on the strategy portion of this lesson.

Now that we have our corporate strategy set up and organized, we need to talk about the real “nitty gritty” details of how exactly to form your business. Everybody talks about it, but it seems like something that is so difficult to do that many people don’t even try! Not the case. Starting a business on the internet, an eBusiness if you will, is one of the more simple processes out there. All we really need is some legal protection under an LLC or an S-Corporation to start off; then, we should set up some financial agreements to lock in our business security. Let’s get to it!

Limited Liability Corporations (LLC.) and S-Corporations (Inc.)

One of the most daunting tasks in operating an eBusiness online is choosing between the two types of corporate structure: Limited Liability Corporation (LLC.) or S-Corporation (Inc.). There are many similarities and differences between the two… but in the long run, the choice is really based on a business-specific case. In the terms of online businesses, you probably won’t want to try out anything but an LLC or an S-Corp for practical reasons… so let’s stick with the two.

There are many examples of both businesses on the internet, and the differences can sometimes be blurred. When you think about a Limited Liability Corporation or S-Corporation, both function as “pass-through” entities for your business. What this basically means is that any taxation for the business can be “passed-through” to their owner’s income statements for legal purposes. This avoids the problem of double-taxation that you would run into with anything else. For Bullish Bankers, we took the LLC. for flexibility and practicality, and became Bullish Bankers LLC. My friend Tyler Cruz (whom many of you know) chose to get an S-Corp for Merendi Networks because of savings on employment taxes among other things.

The Bottom Line Decision:
I recommend Limited Liability Corporations because they are a lot easier to operate. They do not have to be operated by a board of directors like an S-Corp, and also offer flexibility in profit-sharing and a more lax ownership structure. If you would prefer the rigid and set-in-stone rules that come along with massive employment… go with the S-Corp. If you would rather feel your way through it all with a more allowing structure… go with the LLC. You can read more details in this article if you need more information.

Registering Your Corporation

Now that you have selected between an LLC and an S-Corporation… it’s time to go ahead and actually register your business. How much will this cost? Actually, it is only around $100 to do it yourself. The price will vary by state, but in Maryland (where I registered both of my small businesses) it was just $100 for registration filing for life. Not a bad deal for thousands in potential tax savings, eh?

So here are the two routes:

• Hire a Professional: If you are just too lazy to dig around on your State Department website and do the filing yourself (which is ultra-simple), you can always hire someone and pay them fees to do it for you. Sure, this will run you around $200 (double) for the filing costs and the service charge… but it is also a lot easier. I’d recommend using LegalZoom.com to handle this. I have never used them myself, but have heard only positive remarks toward their service.
• Find the Forms and File: This is really very simple to do, and is just a one-form contract. The best way to do anything nowadays is to search through Google. So search for your “State filing an LLC.” or “State filing an S-Corp” and you should find the documents available no problem. Not a lot is required on these forms, just your name, business name, address and a check for the amount required. They will be called the “Articles of Organization” or “Articles of Incorporation”. For an example, see how easy the form for Maryland is!

Filing with the Internal Revenue Service (IRS)

To save some time, we are going to go ahead and file for an Employee Identification Number (EIN) from the IRS. The reasoning behind this is essentially the same reason why individuals carry Social Security Numbers. This is a number that you will need time and time again, so it is better to get it now and get it over with.

Getting an EIN from the IRS is one of the quickest and easiest steps you will make, despite how daunting it seems. It is completely free, and you can apply for an EIN online and get your EIN number almost instantly via email. Then, just print out the forms to have a physical copy or two. You’ll need the EIN if you sign on as an affiliate for any company or if you need to open a bank account, among other things.

Setting Up a Banking Account

Many banks nowadays emphasize small businesses. Because banks function off of deposits and loans… they actually do want your money. Check out your local banks or nationalized chains and ask them about their banking plans for small businesses. You are going to want a bank with checking… and if you are planning on running a lot of transactions you might want to pay a little extra for the flexibility. I use PNC Bank for my operations through both LLCs that I own.

Once you set up a bank, you will have something to link a PayPal account to if you choose to do this. As an online eBusiness, I trust PayPal to handle most of my transactions. Plus, since this is legally separate from your banking account, you will get as many free transactions as you want! This PayPal-Bank combination is pretty standard nowadays, and it is how a lot of us operate. At the very least, you need that bank account to have checking capabilities so you can pay the bills under your company name.

Protecting your Business with Legality

We’re almost done! We’ve got everything from the company registration (takes a month or two to clear) to a bank account to our Employee ID Number from the IRS. All we need at this point, is a few second checks against any potential liability issues that might arise. I would recommend getting together a Privacy Policy and a Terms of Service for every website that you administer under your eBusiness. We need a way to ensure that nothing goes wrong… and if something does, you are protected against it. Writing a Privacy Policy and Terms of Service can be a time-drawn process, but it is well worth it in the long run. You can take a look at the Privacy Policy and Terms of Service from Bullish Bankers LLC. if you need an example of how to correctly write one of these to cover your bases.

Second to the online forms to secure your liability downside, if you are working with partners you should draw up a charter. This is just a simple document that you can write yourself delegating tasks and the corporate structure. We’ll call this a Manager’s Agreement. One thing about the law that many don’t understand, is that you can effectively write anything yourself and have people sign it to be legally bound… so long as they are fully aware of what they are signing and consent to the terms. Get in Microsoft Word and write up a clause… perhaps delegating who is the CEO and who is the HR Representative… perhaps talking about ownership, who owns what % of the business… or even talking about your voting process. You should always draft something like this and have it signed early if you are running a corporation to have everything set before you hit the ground running.

Bottom Line:
Whew! That’s a lot of paperwork, eh? Hopefully, after reading through this two-parter… you realize that starting your own business really isn’t too much work when it all comes down to it. After all, once you get past the initial set up, your business will carry a considerable amount of added weight, and people will downright trust you more. An added bonus to all of this is that you no longer have full liability for loss because of your filing with the government. I’d say it’s a good idea overall.

Hope you enjoyed this lesson on forming your first eBusiness. Feel free to contact me with any questions, or just drop a comment. Oh, and stay bullish on the net!
-Jimvesting