Business Law - Corporations

The most significant aspect of a corporation is that it is considered by law to be a separate legal entity, and as such, is regulated by state statutes. Since a corporation is considered a separate legal entity, the shareholders can come and go into the corporation without affecting the legal status of the corporation. A corporation is liable for its own debts and obligations and unless the "corporate veil" is pierced, a shareholder can only be liable for their investment into the corporation.

Corporations are managed by a Board of Directors and their officers. Those individuals who are shareholders are owners of the corporation and may also be on the Board or be an officer. These individuals are responsible for observing the numerous formalities involved in running a corporation, i.e. conducting meetings, keeping corporate minutes books, etc.

In terms of taxation, corporations are subject to taxation by State, local and federal governments just like an individual. Shareholders are also taxed on any dividends they may receive from the corporation.

Individuals forming a corporation may elect the Subchapter S status. This type of election eliminates the double taxation aspect mentioned above and allows the income of the corporation to be passed down to the shareholders as ordinary income.