ARTICLE
13 April 2017

6 Things Startups Need to Know About C Corporation

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WilmerHale

Contributor

WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
Attorneys from WilmerHale's Emerging Company Practice will explore the most critical issues facing entrepreneurs and early-stage companies during our QuickLaunch University Webinar Series. Over the next several weeks, we will share key takeaways from each webinar.
United States Corporate/Commercial Law
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Attorneys from WilmerHale's Emerging Company Practice will explore the most critical issues facing entrepreneurs and early-stage companies during our  QuickLaunch University Webinar Series. Over the next several weeks, we will share key takeaways from each webinar. This week, we take a look at determining the right type of entity.

On April 12, WilmerHale Partners Mick Bain and Gary Schall discussed requirements for entity choices including LLC, C-Corp and S-Corp; short-term implications such as filing fees and tax liabilities; best practices to position high-growth startups for fundraising and exit events; and additional considerations for choosing the right legal entity. Here are six things startups need to know about C corporations: 

  1. Most venture-backed and public companies are set up as C corps
  2. Delaware is the most popular jurisdiction for C corps
  3. Management can create incentives through employee stock options
  4. C corps can retain earnings and reinvest capital
  5. C corps allow flexible ownership structures
  6. C corps are double taxed - corporate tax + individual dividend tax

Read more about determining the right type of entity to create.

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