Business Formation

Attention Entrepreneurial Bloggers: A Model Blog Operating Agreement for an LLC

Posted July 18th, 2008 by Jason Crow

Imagine the following hypothetical: I've joined forces with a few friends and some Internet affiliates (you know, the folks you meet at conferences) to build what we now call a "team blog." The website aims at building a web community of video producers and community TV stations looking to share broadcast quality video. At first, we did it for the love, hacking together code, creating buzz for the service -- there were no real legal or business issues to complicate matters. However, when interest in the website grew, and organizations and government bodies started to show interest in using the service, problems grew like dandelions in a unkempt field. We had copyright issues concerning the video content, profit-sharing issues based on who contributed most to the code development, governance and decision-making issues, and trouble entering into contracts on behalf of the group. We needed to formalize our relationship, but didn't know where to begin. Should we be a non-profit, LLC, or a corporation?  read more »

Bookmark/Search this post with:
in

An important issue is the federal tax code's rule against 501(c)(3) organizations engaging in political and legislative activities. Because the proscribed activities violate the tax code (and may result in the revocation of the organization's tax-exempt status, the imposition of an excise tax, and liability for back taxes), you must understand how 501(c)(3) defines each type of activity.

a. Political activity

Political activity refers to direct or indirect participation in any political campaign for elected public office. The focus is the partisan nature of the activity. Some guidelines:   read more »

 
Bookmark/Search this post with:

Tagged with

Last updated on July 11th, 2008

Highlights from the Legal Guide: Choosing a Business Form

Posted February 5th, 2008 by CMLP Staff

This is the first in a series of posts calling attention to some of the topics covered in the recently launched Citizen Media Law Project Legal Guide. The first topic we'll take up is choosing a business form for online publishing activities. There is increasing awareness that, especially if you publish content in collaboration with others, it may not be smart to simply leave the relationship "natural" or informal. But this realization raises other questions: What are my options? What are the benefits of legal formality? Will it be expensive to obtain these benefits? Will I have to sacrifice control?

Below is an excerpt from the legal guide giving a brief introduction to some of the most commonly adopted business structures and pointing out some of their most salient advantages and disadvantages. This page in the guide is just a jumping-off point for in-depth discussions on each of the business forms that you can find in the guide. In the end, the choice between business forms is a personal one. Our hope is that the legal guide will help you understand the issues and make a better-informed decision.   read more »

Bookmark/Search this post with:
in

Once you have chosen a business name, you should make sure that someone else is not already using it in a similar field. The easiest first step is to search an Internet search engine for your proposed name. If it is a common word that brings up a lot of results, add keywords relevant to your business or organizationto see if any similar enterprises have adopted the same name. If you see any other websites doing work similar to yours, you should consider choosing a different name. When you consider whether something is "work similar to yours," take a broad view. This could be anything from a journalism site, a blog, some kind of interactive web service, something tech-y with a heavy online presence, etc. There is little certainty in this area, and you will just have to do your best in making the call. The same goes for all the searching described below -- the task is to weed out names being used by people doing something similar to you, broadly construed.   read more »

 
Bookmark/Search this post with:

Tagged with

Last updated on April 23rd, 2008

Forming a Nonprofit Corporation in Washington

in

Here are the steps to form a nonprofit corporation in Washington. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with Title 24 of the Revised Code of Washington (abbreviated here as "Wash. Rev. Code"), and with the Washington Department of Revenue's guide: Information on Washington's Tax Structure for Non-Profit Organizations.


1. Choose a business name and check for availability   read more »

Last updated on January 31st, 2008

Forming a Nonprofit Corporation in Virginia

in

In Virginia a nonprofit corporation is known as a nonstock corporation. Here are the steps to form a nonstock corporation in Virginia. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with Title 13.1, Chapter 10 of the Virginia Code (abbreviated here as "Va. Code"), and with the Business section of the Commonwealth of Virginia.


1. Choose a business name and check for availability

  • Your nonstock corporation's name may not be the same as, or deceptively similar to, other corporate names on file with the Secretary of State (limited exceptions apply).
  • You can check the availability of a corporate name by contacting the Clerk's Office of the Virginia State Corporation Commission at (804) 371-9733 or (866) 722-2551.

2. Recruit and/or appoint directors   read more »

Last updated on January 31st, 2008

Forming a Nonprofit Corporation in Texas

in

Here are the steps to form a nonprofit corporation in Texas. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with: Title 2, Chapter 22 of the Texas Business Organizations Code (abbreviated here as "Texas Bus. Orgs. Code") The Texas Secretary of State's page on Nonprofit Organizations and Filing Guide The Texas Non-profit Management Assistance Network that provides support and resources to Texas nonprofit organizations


1. Choose a business name and check for availability   read more »

Last updated on January 31st, 2008

Forming a Nonprofit Corporation in Pennsylvania

in

Here are the steps to form a nonprofit corporation in Pennsylvania. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with:


1. Choose a business name and check for availability   read more »

Last updated on January 31st, 2008

Forming a Nonprofit Corporation in Ohio

in

Here are the steps to form a nonprofit corporation in Ohio. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with:

Chapter 1702 of the Ohio Revised Code (abbreviated here as "Ohio Rev. Code"), The Ohio Secretary of State's Business Services, and The Legal Information for Nonprofit Corporations created by the Ohio State Bar Foundation and the Ohio Association of Nonprofit Organizations.

1. Choose a business name and check for availability

  • Your nonprofit corporation's name may not be the same as, or deceptively similar to, other corporate names on file with the Secretary of State (limited exceptions apply).


2. Recruit and/or appoint directors   read more »

Last updated on January 31st, 2008

Forming a Nonprofit Corporation in North Carolina

in

Here are the steps to form a nonprofit corporation in North Carolina. You should read this page in conjunction with the general section on forming a nonprofit corporation, which has additional steps listed that are applicable to all states. You should also familiarize yourself with chapter 55A of the North Carolina General Statutes (abbreviated here as "N.C. Gen. Stat."), and with the North Carolina Secretary of State's Corporations Division. The division has a helpful publication: Incorporating Your Non-Profit in North Carolina, which you can download by scrolling to the section headed "Guidelines to Incorporating" and selecting the "Nonprofit Corporation".


1. Choose a business name and check for availability   read more »

Last updated on January 31st, 2008

  
 
 
Copyright 2007-2008 Citizen Media Law Project and respective authors. Except where otherwise noted,
content on this site is licensed under a Creative Commons Attribution-ShareAlike 3.0 License: Details.
Use of this site is pursuant to our Terms of Use and Privacy Notice.