Franchise Attorney in New York, New York

What are the various types of business entities and structures available to me?

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well we like to set up a structure
that includes a variety of different
entities in terms of the structure
i like to have a holding company that
really does nothing other than own the
various entities which are usually
subsidiaries so then we usually set up
subsidiaries that would include uh an
entity that maybe uh manages your
various entities we usually set up a
subsidiary that covers the intellectual
property uh we may set up a subsidiary
that actually sells products if you’re a
franchisor and selling products in terms
of the nature of the entities uh
partnerships are used but not as
frequently as as they as they once were
typically
limited liability companies or
s-corporations are the most likely ones
that are used primarily reasons that
they give you flexibility and they also
have what we call pass-through from a
tax basis so
llcs corporations holding company and uh
different subsidiaries for all aspects
of the business because it gives you
more flexibility both with respect to
your accounting and also if you want to
sell off a unit or bring in a partner to
operate one part of your units

New York, NY franchise law attorney Richard L. Rosen talks about the various types of business entities and structures available. He explains that prefers to structure businesses using a variety of entities to provide flexibility and organization. Typically, he starts with a holding company whose sole purpose is to own various subsidiary entities. These subsidiaries serve specific functions: one might manage the overall operations, another could hold intellectual property, and yet another could handle product sales, particularly for franchisors.

In terms of entity type, partnerships are less common than they once were. He usually recommends limited liability companies (LLCs) or S-corporations because they offer flexibility and the benefit of pass-through taxation. By organizing a business with a holding company and multiple subsidiaries, he can accommodate a range of needs—from accounting efficiency to the ability to sell or bring in partners for specific units—while keeping the overall structure adaptable to changing business circumstances.

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