Can I get a few paying customers before forming a legal entity?
Before going through the time and expense of forming a legal entity, I would like to see how much demand their is for my goods. At what point do I need to form a legal entity?
Once you have written up your business case is typically a good time to form a legal entity. Remember that before buying, a customer would like to have the comfort feel of dealing with an organisation and you would need the legal entity in order to set up a bank accept to receive payment into. So delaying the formation of the legal entity / setting up a bank account may actually make it more difficult to get your first customers. No one wants to be a guinea pig and having a legal entity / bank account in place would help convey the impression that you are an established business to your potential clients.
Your question seems to indicate that you have doubts about whether or not there is demand for your goods. A good way to get that out of the way is to engage in some market research up front.
The world today is fiercely competitive, and the internet is a double edged sword that helps a customer get the best deal, while at the same time enabling you to reach out to customers all over. So you need to have something that is innovative, or else very competitively priced to attract customers.
Lynn, it depends in which country your are. In South Africa you can operate legally as a sole proprietor (Lynn Kretschmer, Trainding as "Name") as long as you are personally registered for income tax (which you probably are anyhow). This is by far the fastest and cheapest way to start a business. At the same time, it is a good idea to reserve (but not register) a company name to make sure that nobody else uses your trading name. P.
I thing most have addressed this from the Legal and Accounting Angles. I focus on the Sales and Marketing aspect. Having a Paying customer is the first steps to being "Real" in anything you are doing. As such, I would focus on getting a paying Customer in place so you you have something to talk about with future customers. Even if you don't use your new Customer's Name, you can say to people "I have just helped a company address a similar problem." Kind of Keystone to Doing Business Of Any Type! - www.dailysalesthoughts.com
You do not need to create a separate legal entity to start your business. There are legal and financial/tax reasons why you might transfer your business to a separate entity (such as a company) and before you do so, I'd suggest speaking to an accountant who is experienced in looking after small businesses and a lawyer with similar expertise.
Whenever your gut tells you that you really have a viable business with a potential to move forward over the long haul...Great idea to test market and try to sell your product and see what happens...I think you are going in the correct direction...
Richard Stern- Forming a legal entity provides liability protection. Furthermore, suggest you consider writing a Business Plan for the business.
The Plan will provide structure for the business and help you understand how the business will operate.
I agree with Karl & Jerry, Setting up a Legal entity is not expensive. You see building a Business is a Sequencing process and the first step in the Sequence, is setting up the proper entity. Next is obtaining the EIN so that every transaction (i.e. Bank Account, merchant account, contracts, J.V.'s, trademarks, Copy writes, etc) you enter into, is under the Corporate Structure and not your Name & Social Security Number. If you operate as a Sole Prop you personally assume any and all liability that could arise from a Contract Dispute to a Lawsuit, Audit ,etc. This is essentially creating the foundation in which you will build your infrastructure.
Building the "Brand" under the entity will allow you complete separation of your personal assets from your business assets/investments. It will also allow for far more tax deductions than operating as a Sole Prop. You don't want to get too far into business as a Sole Prop and then have to halt the operations so that you can go back and set up the proper structure. As Stephen Covey said in the book "7 Habits of Highly effective people", Begin with the end in mind, have a Clear vision of where you want to go and how you want to get there". You want to build a business not on top of Sand but a Solid Foundation.
People might tell you, get a good Insurance Policy and you will be fine. What they are not telling you is that Liability Insurance only goes so far. If you have a $2.0 Million policy and someone sues for $4.0 Million. Then you will need to personally come out of pocket to satisfy the $2.0 Million balance. By creating the entity the only risk is your investment into the company, not everything you have worked hard for up to this point. I hope this helps give you some ideas and place to start.
The short answer is Yes - you can operate as a sole proprietor - and wait to see if your business is sustainable before "incorporating". And you can also operate as a sole proprietor under a fictitious or business name - the same name you would use if you were to incorporate - so from a marketing standpoint - it would be a seamless transition from being a sole proprietor to being incorporated. My question to you is why do you want to incorporate? There are advantages and disadvantages - and you need to look into the pros and cons and decide what is best for you. As others have stated - the biggest reason most people incorporate a small business is to separate their personal assets from their business assets. But there maybe added accounting costs for incorporating - as some accountants will charge a higher fee for doing an LLC's taxes - and depending on where you live there might be tax consequences - which could be advantageous and possibly not - so you need to seek the council of an accountant and possibly a lawyer to help you assess your specific situation.
- make the web-showcase ( through google sites for example, it's free );
- assign indicative price for your goods there;
- ask prospects to define the price they are willing to buy with;
- collect the answers where margin is positive;
- estimate total quantity of customers, total margin for the period of time;
- register an entity.
Don't fear to start. Step by step. Good luck !
There wouldn't be business in the world in case all the entrepreneurs were considering some guaranties instead of start.
I am not a lawyer and am not giving an official response. Sometimes layman's terms are useful with questions like these, however, so here is my opinion:
You are always empowered to earn income on your own, you just file Schedule C to claim the income on your taxes.
You can also file a DBA (Doing Business As) to have an official separate name. You are not a separate entity, it is the same as claiming business income as an individual.
The only reason typically to form an LLC (Limited Liability) or Corporation is to take advantage of various tax breaks and benefits afforded official businesses or to avoid having a business disaster affect you personally (as in if you were sued or bankrupt and wanted to limit the extent to which you could be held liable personally).