Should I Franchise My Illinois Business?

Illinois business lawyer, IL business attorneyIf your business is growing more and more successful by the day, you may be thinking about franchising. The benefits of franchising your business can be enormous, but franchising before you are ready can be disastrous. It can be hard to know whether now is the right time to expand your business. As with any business-related decision, the decision to franchise should not be taken lightly. You will need to take an honest look at your business’s strengths and weaknesses as well as your own ambitions and personal goals before you can know whether franchising is right for you.

Is Your Business Replicable?

Franchising can be a great way to expand your company without needing a large capital investment. However, not just any business is able to be successfully franchised. Is your business unique enough to be marketable?  Do you have a sustainable competitive advantage? Even more importantly, how replicable is your business? If the success your business has enjoyed so far is the result of a smart business model and unique, in-demand products and services, you may be able to replicate this success in a second location. However, if the business’s success is the result of its current location or your own dedication to 15-hour workdays, you may not be able to duplicate the success in a franchise location. Keep in mind, a franchise location must be lucrative enough to pay royalties and still leave the franchisee with a decent profit.

How Involved Are You in Day-to-Day Operations?

Another key question to ask yourself when considering franchising is what you want your own role to be in your business. If you are the type of business owner who likes to personally open and close shop every day, how willing are you to take a step back from daily operations in favor of a management position? Being a franchisor will involve a great deal of time and energy. There may simply not be enough time in the day for you to continue having a high level of day-to-day involvement in the original location while also managing franchise locations. On the other hand, if you have a staff with the leadership skills and business knowhow to run things in your absence, you may have the freedom to take on the responsibilities of being a franchisor.

Contact an Illinois Business Lawyer

At Stock, Carlson & Duff LLC, each of our skilled Wheaton business law attorneys have more than 40 years of legal experience. Whether you need help with franchising your business, buying or selling a business, creating an effective employee contract, or other business law needs, we will provide legal guidance you can depend upon. Call our office today at 630-665-2500 today and schedule a confidential consultation to learn how we can assist you.

Sources:

https://www.entrepreneur.com/article/71886
https://www.forbes.com/sites/stevenbeagelman/2019/03/28/how-and-when-to-franchise-your-business/

What Are the Advantages of a Sole Proprietorship?

sole proprietorship, Wheaton business law attorneysIf you are considering starting a business, you have a number of important decisions in front of you. One of the most critical decisions you will ever make about your business is what type of business structure you should choose. Your business structure will determine how you pay your taxes, to what degree your personal assets are at risk, your day-to-day operations, and more. Some of the most common business structures include S-corporation, partnership, limited liability company, and sole proprietorship. Each structure has its own advantages and drawbacks and the types of structure you choose will be based on your needs and business goals. In this post, we will be discussing the benefits associated with a sole proprietorship.

What is a Sole Proprietorship?

In a sole proprietorship, there is no legal distinction between the business entity and the business owner. A sole proprietor is solely responsible for the ownership and management of his or her business and does not share ownership with other partners. A sole proprietor receives all of the business’s income but is also responsible for the business’s liabilities, debts, and taxes. The business assets are not separate from the owner’s personal assets as with many businesses.

Sole proprietorships are a popular choice for many new business owners because establishing a proprietorship is often more affordable and less complex than other types of business structures. As a proprietor, a business owner has full decision-making power over his company. Of course, with this power comes significant responsibility. If the company incurs debts, the owner may be held personally liable. A business is automatically considered a sole proprietorship if it is not registered as another type of business. If you start a business and do not register your business with the state, you must pay your business taxes as a sole proprietor. A sole proprietorship may be the right choice for you if you want to start a low-risk business or you want to test your business idea before establishing a more formal business structure. Once your business starts to grow, you may choose to restructure the business as a corporation or other business type in order to meet your evolving needs.

Contact a DuPage County Business Law Attorney

Choosing a business structure is not a decision to take lightly. To discuss what type of business structure is best for you entrepreneurial aspirations or for other business law-related concerns, contact Stock, Carlson & Duff LLC. Call our office at 630-665-2500 today and set up a confidential consultation with a highly experienced Wheaton business lawyer.  

 

Sources:

https://www.sba.gov/business-guide/launch-your-business/choose-business-structure

https://www.investopedia.com/terms/s/soleproprietorship.asp

Structuring Your Business – Limited Liability Partnerships versus Limited Liability Companies

Wheaton business law attorneysThe structure of a business is more than just a critical element; it is what dictates nearly every aspect of the business. Sadly, too many business owners fail to give the decision of how to structure their business enough thought, which can place them and their partners and investors at risk for legal and financial consequences. Discover how even the smallest of differences in structure, such as those seen in limited liability partnerships (LLP) and limited liability companies (LLC), can make all the difference in the future stability of your company, and learn how an experienced Illinois business law attorney can assist you in making the right decision for your company's needs.

Examining the Similarities Between LLPs and LLCs

For the most part, LLPs and LLCs are formed, structured, and treated the same. Each provides the partners with a "pass-through" option on their taxes, which allows them to avoid the "double taxation" that corporations are required to pay. LLCs and LLPs also handle partner buy-in and sell-out in a similar fashion, and neither has a limit on the number of partners that the business can have. Because of this, LLPs and LLCs have become quite popular among businesses that might have otherwise been forced to register as a corporation.

Understanding the Differences Between LLPs and LLCs

Although there are many similarities between LLPs and LLCs, there are also some distinct and important differences. First, an LLC does not offer partners the same level of liability protection as an LLP, should a lawsuit or some other legal action take place. Instead, all partners may be held equally accountable in an LLC. In contrast, an LLP is only required to have one managerial partner. All others can receive protection from the actions of managerial partners, provided they do not take on a managerial role themselves.

Business owners should also understand that they cannot always structure the company however they want. Some states have specific restrictions. For example, Illinois does not permit banking or insurance institutions to form LLCs. Instead, they must structure as either a corporation or an LLP.

Contact Our Wheaton Business Law Attorneys

At Stock, Carlson & Duff LLC, we understand the difficult decisions that start-up businesses must make, such as those that pertain to business structure. Dedicated and experienced, our Wheaton business law attorneys can assist you and your partners in making the most sensible choice for your company. Call 630-665-2500 and schedule your personalized consultation today.

Sources:

https://www.illinois.gov/dceo/SmallBizAssistance/BeginHere/Documents/Starting%20Your%20Business%20In%20Illinois%202016.pdf

http://smallbusiness.chron.com/difference-between-llc-llp-3760.html