How To Incorporate Yourself Without a Lawyer by J. Stephen PopeYou could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On
other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from
expertise of your lawyer. Perhaps a corporation isn't
right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes
advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn't mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can't spend
extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn't need
services of a lawyer to incorporate? Can
money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek
services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.