Business Startup Checklist

What is a business entity? 

This refers to the legal organization or structure of your company.  It determines how the business is organized, taxed, and the level of personal liability the owners have.  

Here are some simplified explanations of common business entities: 

 
Sole Proprietorship: In this type of structure, the business and the owner are considered to be the same entity. The owner has full control but is personally responsible for all business debts and liabilities. Self-employment taxes are calculated and filed with the owner's personal tax return. 

Partnership: In a partnership model, two or more people run the business and share the profits, responsibilities, and liabilities. Partners can have different levels of control and different percentages of ownership in the company. Although partners may see themselves as having equal ownership, one partner will have to assume at least a 51% interest and be the final decision maker in the company. These and other details about roles, duties, and obligations of each partner should be outlined in the Partnership Agreement.  

Limited Liability Company (LLC): This is a hybrid business structure that combines features of a partnership and a corporation. Owners are called members, and they have limited personal liability, meaning their personal assets are generally protected from business debts. LLCs are a popular business formation because of the flexibility it allows in how a company can structure ownership and how taxes are calculated and filed. 

Corporation: A corporation is a distinct and separate legal entity. The company is run by a Board of Directors. Owners are considered shareholders, and they have limited liability from the company. Corporations have more complex legal and tax filing requirements than a Sole Proprietor or LLC. 

S Corporation: This is a tax designation that can be applied to an eligible corporation or LLC. It allows the business to avoid double taxation by passing profits and losses through to the shareholders' personal tax returns. However, there are certain restrictions on ownership and the number of shareholders.  

When choosing a business entity, factors such as personal liability, taxation, management structure, and flexibility should be considered. It's advisable to consult with an attorney or a tax professional to understand the specific legal and financial implications of each entity type and make an informed decision. 

Here are some resources that can help you learn more about selecting the right entity type for you.  

SBA.gov - Guide to Business Structures 

IRS.gov - Info on Business Structures 

sosmt.gov - Montana Secretary of State - Info on Business Models 

An Employer Identification Number, or EIN, is a business identification number issued by the Internal Revenue Service. After doing research and seeking professional advice on the type of business entity that works best for you, your next step is to apply for your EIN with the Internal Revenue Service.  

Follow this link to learn more and start your application. 

EIN Registration  

To set up an LLC or other business entity type, you will need to register your business with the Montana Secretary of State. Follow this link to learn more and to get going on the registration process.

Secretary of State - Register a New Business

These are typically only required if you're operating within city limits, but you should be sure to check with your city to see if you will need one.

City of Missoula - Business Licensing

City of Kalispell - Business Licensing

City of Great Falls - Business Licensing

City of Butte - Business Licensing

City of Helena - Business Licensing

City of Billings - Business Licensing

City of Bozeman - Business Licensing

Check into your specific county. Whether they have certain requirements or not. Check out your county's page to see the resources the counties have to offer small business owners.

An Operating Agreement is created by a company for internal governance. Although it is not required for a single-member LLC in Montana to have an Operating Agreement, it can provide extra security by formally recognizing the company as a separate entity from the members of the company. It should outline the ownership rights and responsibilities, set provisions for financial disbursements, and establish a schedule and protocol for membership meetings.

According to the Small Business Administration, the purpose of the Operating Agreement is to govern internal operations of the business in a way that suits the specific needs of the business owners. Once the document is signed by the members of the limited liability company, it acts as an official contract binding them to its terms.

For more information on Operating Agreements, visit SBA.gov

As a small business owner, getting business insurance is a good idea for several reasons:

Liability protection: Business insurance provides liability coverage, which protects you in the event that your business is sued for property damage, bodily injury, or advertising injury caused to others. Without insurance, you could be personally liable for any damages or legal expenses, which can be financially devastating.

Property protection: Business insurance can cover your business property, including buildings, equipment, inventory, and supplies, against risks such as fire, theft, vandalism, or natural disasters. This coverage helps you recover financially if your property is damaged, destroyed, or stolen.

Business interruption coverage: In the event of a covered loss, such as a fire or a natural disaster, business interruption coverage can compensate you for the income lost during the time your business is unable to operate. It can help cover ongoing expenses like rent, employee salaries, and utilities, ensuring your business can recover and resume operations as quickly as possible.

Employee protection: If you have employees, you may need workers' compensation insurance, which provides coverage for medical expenses and lost wages if an employee is injured or becomes ill on the job. This coverage not only protects your employees but also safeguards your business from potential lawsuits related to workplace injuries.

Peace of mind: Running a business involves inherent risks, and having insurance gives you peace of mind knowing that you are financially protected against unforeseen events. It allows you to focus on growing your business without constantly worrying about the potential financial repercussions of accidents, lawsuits, or property damage.

Contract requirements: Some clients or vendors may require you to have business insurance before they enter into a contract with you. Having appropriate insurance coverage can help you meet these contractual obligations and potentially open up more business opportunities.
 

While business insurance comes with a cost, the financial protection it provides far outweighs the expense. It is always advisable to consult with insurance professionals who can assess your specific business needs and recommend the appropriate types and levels of coverage for your situation.

To learn more about different types of business insurance an owner should consider, go to SBA.gov Get Business Insurance