Ok, so I did research on registering a company tonight. Essentially we have two logical options: the C-Corp and the LLC.
LLC: This is slightly simpler and cheaper to set up but more difficult to raise money, gain outside investors, and eventually go public.
Pros – Owned by members, not shareholders; liability protection; no double taxing; less strict laws about meetings, boards, etc.
Cons – Unlikely that a venture capitalist would invest in LLC; cannot take company public; complex operating agreements; restrictions on transfer of ownership; different laws in different states
C-Corp: This is a bit more complicated to set up but is generally the preferred method for venture capitalists and other investors.
Pros – Limited liability; most appropriate for IPO; easy to set up stock option plans; easy to transfer ownership and rights; structure that venture capitalist requires
Cons – Double taxation; high administrative compliance costs; directors held accountable; well defines laws and regulation
I think that the choice is pretty clear – if we plan on growing this thing quickly and looking for investors early on than the C-Corp makes the most sense. S-Corp limits ownership to only 100 people, sole proprietorship doesn’t make sense, and partnership is also to limiting.
We can set up the company pretty easily and cheaply through LegalZoom (http://www.legalzoom.com/) – I know a few satisfied customers.