How To Decide on the Right Business Structure for Your Notary Business?

notary business setup Sep 30, 2021


How To Decide on the Right Business Structure for Your Notary Business

 Starting your own business is exciting, but it can also be scary. One of the first decisions you need to make is what type of business structure to use. Will you be an LLC, S-Corp., or sole proprietor? What are the benefits and drawbacks of each? This blog will walk you through the basics so that you can make an informed decision about which type of business structure is best for you.


The Basics of Business Structures

If you are not familiar with business structures, then you might be wondering what they are and how they work. The business structure you choose can play a major role in whether or not you have a successful notary business. What is the difference between an LLC and an S-Corp? An LLC is a corporation that is set up as a pass-through entity. That means that it does not pay taxes to the federal government, it takes in fees and levies, but then passes the majority of its profits to the members of the LLC. There are no shareholders. An S-Corp is different. S-Corps are pass-through entities that have shareholders. The S-Corp pays taxes on its profits to the shareholders, but the profits are then passed on to its members in the form of a dividend.

Business structures fall into two basic categories: LLCs and corporations. The differences between these two types are pretty much the same as the differences between LLCs and sole proprietorships. One of the most basic differences is that corporations have their own shares of stock, which is why they have to file quarterly and annual tax returns. An LLC, on the other hand, does not have its own stock. Instead, an LLC owns the rights and profits of an asset. In most cases, this asset is a business. For example, a company might own a building, equipment, inventory, and, most importantly, its employees. Most people think of LLCs and sole proprietorships as being similar to sole proprietorships, but they are not.



While this is the most common type of business structure, it's important to note that it's not a 'one size fits all solution. It is best for businesses that generate a large amount of revenue, are willing to invest a lot of their own money into the business, or both. If your goal is to bring in a high volume of clients, using a Limited Liability Partnership (LLP) is your best option. As an LLC, you will be able to avoid corporate income tax, can take advantage of deductions for business expenses, and will have the ability to be the entity responsible for filing your tax returns. S-Corp If you are running a business with high turnover, or want to take on several clients at once, then S Corporation is your best option.


S Corporation

This type of business is most commonly used by sole proprietors or partnerships. If you are using your own name or your spouse's name as the owner of the business, you are an S corporation. In an S corporation, the income earned by the business is tax-deductible at the owner's individual income tax rate. Before you register your business as an S corporation, you need to ask yourself the following questions: What type of business structure do you want? Are you wanting to have an LLC, S-Corp, or sole proprietorship? Do you need to provide for any employees? What type of income is the S corporation expected to generate? What type of inventory can the business use? Can the business be divided into sub-units and individually registered? Is the S corporation set up with life insurance?


Sole Proprietorship

Being your own boss can be rewarding, but it can also be hard and stressful. Sole proprietorship is one of the easiest business structures to start because the vast majority of your business is under your control. However, there are a few downsides to being your own boss, including having to pay yourself a salary if you decide to start your business without a contract and having to file taxes if you don't hire an accountant. S-Corp S-Corporations are a slightly more complex business structure, but if you take the time to learn about them, they can be a great fit for your notary business. They are one of the most complex forms you can choose from because of the number of required documents and rules, but they're also one of the most stable.






An LLC is an entity that you set up in your state. A sole proprietor is a person that owns and operates a business alone. You can choose to operate your business as an LLC or a sole proprietor. When you operate as an LLC, you have the rights and responsibilities of a corporation, as well as the ability to incorporate. An LLC is used to own a business but you can also incorporate yourself as an LLC. The main benefit of an LLC is that your company’s assets are separate from your personal assets, so you don’t have to worry about losing everything if you are not around to take care of your business. For example, if you wanted to use the office for personal reasons for too long, you could end up paying yourself too much while the business is operating at a loss.


S Corporation

Although a traditional sole proprietorship does offer the most flexibility and customization, some of the benefits of incorporating your business as a corporation are: Costs to set up a corporation are lower than setting up a sole proprietorship. S Corporations have more limited liability. If you have more than one S Corporation, they all receive the same protections. For example, if one of your S Corporations is sued, the insurance policy of your S Corporation takes the first dollar of your insurance payout. Moving from sole proprietorship to corporation is the right thing to do if you plan to make some investments. Your sole proprietorship may not provide any liability protection or benefits.


Sole Proprietorship

The Sole Proprietorship is the most popular form of business in the United States. With the Sole Proprietorship, you are a sole proprietor, which means you own the business as a legal entity, and your assets and income are all that belong to you. When you become a sole proprietor, you create a company called a Sole Proprietorship Trust. The sole proprietor has one employee, who is the attorney who prepares the trust, which is to protect the business and its assets. Because the sole proprietor is the owner of the company, you can own the company and its assets, while only having a liability for your personal assets. The biggest benefit of the Sole Proprietorship is that you don’t have to pay income tax on your profit.


Notaries are real people who make a living at making things official. The money in their bank accounts is the money that you and I have earned. Notaries have the right to set their own hours, make their own schedule, and even work at home. Some are full-time contractors while others work only part-time. Some businesses choose to be S-Corporations and some choose to be sole proprietorships. We will explore these options in this blog so that you know what to look for when hiring a Notary. By identifying the types of business structures that are most appropriate for you, you can save time, money, and hassle. This means that you can run your business without sacrificing the quality of service that you provide to your clients.

Click Here to Wath Video on Notary Business Formation 

Related Articles:



The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; The Notary Institution and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, The Notary Institution, or committee/task force as a whole. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free.


Notary Loan Signing Agent Training

The Notary Institution is creating a new and improved online notary loan signing agent course training.