How To Incorporate Yourself Without A Lawyer
You could save hundreds of dollars by incorporating yourself
without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those
licensed to practise law (in other words, only lawyers). This
article is not legal advice. If you need legal advice, consult a
lawyer.
This article is being written simply to inform you that it is
possible to form a corporation or limited liability company
without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who
do you sue? You only have yourself to blame. On the other hand,
a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer.
Perhaps a corporation isn`t the right vehicle for you under your
circumstances. Be aware that there can be disadvantages as well
as advantages to incorporating. Your lawyer can consider
commercial law, securities legislation, limited liability, tax
factors, estate planning, share structure, and a myriad of other
business considerations. Sometimes the advice of a good lawyer
can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to
perform surgery on someone else unless you are licensed to
practise medicine, but perhaps in a wilderness survival
scenario, self-surgery might be your only option. However, is
performing surgery on yourself really a good idea in most
instances?
Likewise, just because it is possible to incorporate yourself
without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For
a paralegal or other person to incorporate a company for you
could be considered unauthorized practise of law. Thus, it may
be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of
cash that I can`t spend the extra money for good legal advice
that may save me thousands of dollars? Am I confident that my
situation is one that really doesn`t need the services of a
lawyer to incorporate? Can the money saved on legal fees be
better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or
not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have
often thought that perhaps a law firm originated this common
expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate
yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written
books on the subject of forming your own corporation. Published
by International Self-Counsel Press Ltd., he has authored
"Incorporation and Business Guide for Ontario" ("How to form
your own corporation Includes tax advantages to incorporating")
and "Federal Incorporation And Business Guide" ("How to form
your own Federal corporation under The Canada Business
Corporations Act").
The same publisher sells forms and minute books as well as
titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available
from legal stationers and other sources.
In the United States, there are likewise many manuals available
for incorporating yourself in various states. "Incorporating
Your Business For Dummies" by The Company Corporation and "How
To Form Your Own Corporation Without a Lawyer for Under $75.00"
by Ted Nicholas are two such books.
Sometimes helpful information on this subject is available from
federal, provincial and state governments for free or nominal
cost.
You can sometimes locate incorporation manuals at your local
library for free. Be careful. Legal manuals become outdated very
rapidly. You might consider very seriously purchasing the most
up-to-date manual available; it might also include helpful
reference material on maintaining corporate minutes and other
helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the
instructions. With a little effort, you could save hundreds of
dollars incorporating yourself without a lawyer.