Whats the difference between an unincorparated company and a incorporated company?

Question

I was wondering if someone could break this down for me in simple terms. I have looked it up in books and they don't make sense. Thanks.

Answer 1

An incorporated company is a true corporation and will always have a suffix after its  name such as "Inc.," "ltd.", "corp.," "corporation.,"  etc.

A corporation is a legal entity— a legal creation— that under certain conditions has benefits to its owners (shareholders).  

Probably the greatest benefit is that under most circumstances a corporation protects  its owners from legal liabilities  that may arise while doing business. It acts like a shield, protecting the owners from personal liability in many, if not most,  cases.

Corporations  years ago evolved from trusts. Therefore they are, in a sense, owned  indirectly by shareholders (beneficiaries of the trust).  The shareholders elect directors (trustees) who are legally responsible for looking over the best interests of the shareholders and appointing and managing  officers. (people to administer and operate the business)

.

One can be a shareholder, director, and officer of a corporation simultaneously. With most small, privately held corporations this is the rule.

Not so long ago corporations were complicated and expensive to create and maintain.  This is much less true today.  You can even do it online with companies such as LegalZoom.com or incorporate.com.

An unincorporated company is basically any other form of doing business, such as sole proprietorship or  partnership. They are most commonly directly owned.  Some of them have methods of protecting at least some of the owners from liabilities, some  do not.

There are a host of  other, more sophisticated forms of doing business  in both the US and around the world as  some of your other answerers pointed out.

I tried to make this as simple as possible.

Answer 2

UN

Answer 3

A business can take several legal forms: Sole proprietorship, General Partnership, Limited Liability Company (LLC), Limited Liability Partnership, and Corporation are the basic ones.  Only the Corporation is "incorporated," although the LLC is a hybrid, providing some of the the major advantages of both a Corp and a sole proprietorship.

It would be difficult to give you a synopsis of each form here but try going to the SBA's website and read about each. See the link provided under sources.

Answer 4

Unincorporated means that the business is not a separate legal entity to the owners. I.e, the owner is the business, they are one with each other.

In this case, any activities that are taken by the business that are illegal will make the owner personally responsible.

Similarly, the owner is responsible for the business' debts, so if the business' activities mean that it owes another company £1,000,000, the law can take from the owner's peronal property to cover this debt.

An incorporated business is the opposite. It's a separate legal entity where the owners have limited liability for the actions of the business and only stand to lose the money they invested in it (not their own personal posessions).

Answer 5

tax purposes