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Author: dominicdonaldson | Total views: 44 Comments: 0
Word Count: 723 Date: Thu, 11 Dec 2008 2:42 AM

Is Company Formation Your Next Logical Step?

When a business becomes successful it is always the result of hard work and meticulous planning and application. But with success comes several new questions, chief among them is the question of what to do next? How to keep the success going? One of the ways that many people address this question is to look at the option of becoming a registered company. Company formation seems like a natural progression and means that you have reached the end of one road and it's time to take another path if your business is to continue to survive.

But the decision to look at company formation should not be taken lightly. It's not the perfect choice for everyone and depending on the type of business you run it can sometimes be a mistake. Having said this, for many companies it is the right move especially if you company's annual earnings are starting to look healthy.

It's a straightforward process to register a company but as with most things, the more you understand the more successful the process will be. It can seem long-winded as well, there's lots of paperwork, but it is worth taking the time to have an understanding of the process in order to get the most from it. The major factor when completing the paperwork will be whether to register as a private or public company. Both have their advantages and one will be more suited to you than the other.

Registering a company begins with choosing a company name, then selecting a business type and an area or market to trade in. Next comes the choice of company directors and the type of shares you want to offer in the company. All these factors can have a major bearing on your success so it is worthwhile giving them the attention they deserve.

Specialists can help you through the whole process and it is worth considering this option. It may look like unnecessary expense at first but in the long term it can save you time and money and also free you up to focus your own efforts on other areas of your business. Getting help will also ensure that you are fully informed of each stage and do not make any decisions based on false information. Mistakes at the company formation stage can have financial repercussions...suddenly paying for specialist help seems more attractive.

When you have registered a company there are then rules and regulations that must be adhered to. Failure to understand these rules can be extremely dangerous, and can even result in laws being broken and the authorities getting involved. Simple things like displaying the company name outside any business premises and on documents and paperwork must be carried out at all times. Sending letters, invoices or any type of correspondence becomes less straightforward than it once was. Specialist advice on company formation will be a great help with this.

Although the step of registering a company is often the logical one there are then several questions that need answering. Not least of which is what type of company you will be; there are four options:

1. The first is a Private Company limited by shares. Shares have a value but cannot be offered for sale to the public. Members liability is determined by the amount unpaid on each member's number of shares.

2. A Private Company limited by guarantee does not have any shares, the members of the company agree to contribute to a company's assets if it is ever wound up.

3. A Private Unlimited Company can have shares but is not a lawful requirement. There is no limit on liability to members and the company does not have to declare as much information as other types.

4. A Public Limited Company has shares that can be sold to the public and quoted on the stock market. The liability of members is determined by the number of shares they hold.

Many smaller companies now see the benefits of company formation. It can help with insurance, liability and lawful repercussions. Registering as a company separates the business from the individual and means that the personal damage caused by any unforeseen circumstances that might arise can be limited.

About the Author

Dominic Donaldson is an expert in the company law industry.
Find out more about company formation and company law.




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