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Can business owners change a company’s type without dissolution?

On Behalf of | Nov 22, 2023 | Business law |

One of the most important decisions someone can make when starting a business involves the type of business that they create. A business’s structure influences everything from tax obligations to personal liability. The average entrepreneur puts a lot of thought into the type of business they form. Some people keep things as simple as possible by starting a sole proprietorship or partnership. Others invest the time and energy necessary to create a more formal structure, like a corporation or limited liability company (LLC).

Most guidance about choosing a business type will caution people that this choice is a very important one and to consider it carefully as early in the process as possible. Entrepreneurs and business owners may then reach the logical conclusion that the business entity they select is a permanent, irrevocable choice. Some people believe that dissolution is the only way to change the type of business that they run. However, it is actually possible to change the type of a business without closing one company and starting another.

The right help makes a major change more feasible

There are often multiple requirements for those trying to change the type of business they run. They will need to file certain paperwork with the state and possibly also notify tax authorities. They may need to send formal notice about the change and renegotiate contracts with those that do business with the company. They may also need to amend their business plan and make other changes to crucial internal documents.

It can be rather overwhelming for someone to manage all of those details while simultaneously maintaining the business itself. Frequently, business owners seeking to drastically alter a company’s current operations by changing its type will require outside assistance.

An attorney familiar with business law can help someone validate their belief that a specific business type is the right option for their company moving forward. They can also entrust most of the paperwork and leg work necessary to that legal professional. When done properly, a change to a business type can lead to enhanced liability protections and an easier time connecting with financial support as the business grows.