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ARTICLE · 20 NOVEMBER 2017

Do It Right, Not Over: 10 Key Considerations When Incorporating Your Start-up

Corporations are the leading business vehicle in modern commerce.

CanadaCorporate/Commercial Law

Corporations are the leading business vehicle in modern commerce. For start-ups, properly structuring and incorporating is critical to avoid disputes and protect the corporation (and the founders) and its assets if they do come up, and avoid the time and expense of doing it over later. It's also critical to best position the business to attract investors and strategic partners and, ultimately, achieve a successful and profitable exit (by acquisition or otherwise) if that is the ultimate goal. Doing it right means thinking and planning ahead.

Here are ten key considerations every founder should think about when incorporating their start-up.

  1. Timing

The three main ways to structure a business are sole proprietorship, partnership and incorporation. Most businesses kick off as a sole proprietorship or partnership: one or more owners/operators responsible for all aspects – including risks and liabilities – of the business. But at some point, founder(s) are ready

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