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Business & Transactional · 01

Business Formation.

Starting a business involves more than filing paperwork. You'll need to decide on the type of business you want to create, how the business will be managed, what to do with profits and losses, and how ownership is defined, among many other matters. These decisions may seem small in the beginning, but they tend to show up later in significant ways if they're not handled carefully at the outset.

At a glance

GroupBusiness & Transactional
OfficeLynchburg
Typical clientsFounders, owners, families

A company isn't a magic shield. A handshake isn't a governing document. We make sure the entity you form actually does what you think it does.

Founders reviewing an operating agreement at PLDR Law
— 01 What business
formation includes.

Business and corporate lawyer for Virginia business owners and family operators.

Choosing the right structure is half the work. The other half is what goes in writing.

  • Choosing the right business entity
  • Filing and registering your business entity
  • Structuring ownership and management
  • Preparing business formation documents
  • Drafting governing documents for the business
  • Planning for liability and tax considerations
— 02 Types of business
entities.

Each structure carries its own ownership, management, and liability consequences.

These are general descriptions, not a recommendation — which structure fits depends on how you plan to own, manage, and grow the business.

Sole proprietorship

A sole proprietorship is not a separate legal entity, but refers to an individual who operates a business and is personally responsible for its debts.

General partnership

A general partnership is an association of two or more persons who carry on, as co-owners, a business for profit.

Limited partnership (LP)

A limited partnership is an entity that has one or more general partners and one or more limited partners.

Limited liability partnership (LLP)

A limited liability partnership may be in the form of a general partnership or limited partnership, but in addition, limits the personal liability of all the partners.

Limited liability company (LLC)

A limited liability company is organized under state law and offers liability protection to its owners, allowing them to fully participate in the management of the business.

Corporation

A corporation is an entity organized under state law and offers limited liability protections to its owners.

Professional corporation (P.C.)

A professional corporation is a stock or nonstock corporation organized for the sole purpose of rendering professional services by licensed professionals.

Nonprofit corporation

A nonprofit corporation is organized under state law to meet specific tax-exempt purposes.

— 03 When you might
need this.

You may need help with business formation if you are:

  • Starting a new business
  • Deciding between entity types
  • Bringing on a new owner or investor
  • Considering how to protect yourself from business liabilities
  • Planning for future growth or ownership changes
PLDR Law attorneys in a working conference with new business clients
At the table
— 04 How we help.

We help you think through the decisions that shape your business from the start (so that you're not revisiting them later). This includes selecting the right structure, preparing the necessary documents, and making sure everything is aligned with how you plan to operate.

— 05 Common
questions.

Common questions clients ask when forming a business.

The questions we hear most often, answered in plain English. Every situation is different and unique, so these are just starting points — not legal advice for your specific matter.

Do single-member LLCs require operating agreements?

Virginia doesn't legally require one for single-member LLCs, but an operating agreement helps establish that your LLC is a separate and distinct entity from you personally. An operating agreement also matters the moment you add a member, obtain outside investment, or want to sell the LLC.

What is the difference between an LLC and a corporation?

LLCs are owned by members and managed by either the members directly or appointed managers. Stock corporations (a) are owned by shareholders, (b) the shareholders elect a board of directors, (c) the board of directors vote on business matters, (d) the board of directors elect officers (president, vice president, secretary, treasurer, etc.), and (e) the officers carry out the actions voted upon by the board of directors.

This is a simplified explanation, and there are a lot more differences between LLCs and corporations. You also should keep in mind that there are other types of businesses that may be a better fit for your particular situation, like a partnership, professional corporation, and/or nonprofit, among other business structures.

How long does it take to form an LLC in Virginia?

The Virginia State Corporation Commission typically processes online LLC filings within 1–2 business days. However, "formed" isn't the same as "operational." The operating agreement, Federal Employer Identification Number (EIN), bank account, registered agent setup, and compliance filings (business license and sales tax registration) usually take an additional two to four weeks.

Note: The information above is general guidance and not legal advice. Every business is different — talk with a Virginia business attorney about your specific situation.
Talk with our team

Talk with our team.

You don't need to have everything figured out before reaching out. If you're starting something new — or making changes to an existing business — we can help you get it set up the right way.