What are the legal implications of changing a business entity structure?
Changing a business entity structure can have significant legal implications, depending on the type of business being changed and the jurisdiction in which it is located. Generally, changing from one form of organization to another requires filing paperwork with relevant state agencies, as well as potentially amending any existing contracts or leases that may be affected by the change. Depending on the particular details of your situation, certain other steps may also be necessary.
For example, if you are changing from a sole proprietorship to a corporation or limited liability company (LLC), you may need to transfer ownership interests between parties involved in the transaction and amend existing contracts accordingly. Additionally, when forming an LLC or corporation in some jurisdictions you must take measures such as publishing notices announcing the formation of your new entity and filing additional documents with appropriate regulatory bodies before doing business under that name.
Further action will depend heavily upon individual circumstances; therefore it is essential that qualified legal counsel be consulted prior to finalizing any changes to a business’s organizational structure so that all applicable laws are complied with and all potential liabilities are addressed adequately ahead of time.