Incorporating offers you limited liability, meaning that in the event of a lawsuit or bankruptcy, you won’t be held personally responsible for the debts of the corporation, provided you act in good faith and comply with government rules. You may lose your initial investment, but you won’t lose your home, car or other personal assets.
Flexible Financing Options
To raise capital, private corporations can issue shares to friends, family, business associates and accredited investors. Also, because of the added security provided by limited liability, corporations are more likely to secure loans or investments.
Corporations benefit from lower rates of income tax and can carry forward losses from previous years to offset the profits from the present year.
Incorporation allows you to choose how you pay out funds to directors and shareholders, whether through salary, loans or dividends, holding the flexibility to choose the best option for your business.
As a corporation is a separate legal entity from its founder, shareholders and officers, its existence is not limited by any of their lifespans. This means the corporation can exist in perpetuity and be transferred from generation to generation.
Capital Gains Exemption for Selling Your Business
When you sell your shares in a Canadian-controlled private corporation that uses at least 90 percent of its assets to do business in Canada, you can claim a one-time capital-gains tax exemption of $800,000.
What are the benefits of incorporating?
Incorporation offers numerous advantages to your business. First of all, limited liability protects the shareholders, since debt responsibility is confined to the initial amount invested, with the exception being if a personal guarantee against the corporation’s loans was made. As a result of incorporation, more flexible financing options are available, and corporations are more likely to secure loans from financial institutions. In addition, tax benefits are offered, as corporations benefit from lower rates of income tax and can bring losses from previous years to offset the profits from the present year. Following, with the benefit of continuous existence, a corporation will continue to exist until it is formally liquidated. Importantly, incorporation offers your business the ability to enter into contractual agreements due to the fact that corporations are a separate legal entity.
Do I need a lawyer to incorporate my business?
In many cases, since incorporation requires a process of complicated agreements, the advice of an attorney can be invaluable during the procedure. Legal counsel can offer assistance in the raising of capital from outside investors and lenders, and also has the capability to address all relevant tax and legal issues pertaining to the jurisdiction in which the business is incorporated and operated.
What legal requirements are Quebec corporations required to follow on a yearly basis?
Following the successful incorporation of your business, government policy mandates all corporations to maintain updated records at their registered office. Components of these records must contain a copy of the Articles of Incorporation, resolutions of directors, all by-laws, amendments, meeting minutes, copies of any unanimous shareholder agreements, resolution and accounting records, and a securities and transfer register. In certain cases, you may be required to submit an Annual Updating Declaration, along with Annual Registration Fees and Income Tax returns.
Will a business transaction be successful if due diligence is undertaken?
Regardless of how well a due diligence program is conducted, there is always an element of risk involved. Although there is no certainty that a business transaction will be successful, the odds in your favour will be improved, and necessary steps will be taken to maintain confidentiality.
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