The USA recognizes 4 different types of business entities. Three of
these entities are commonly used by artists and crafts people.
1) Sole proprietorship. There is one owner. That owner is
responsible for everything that happens in their company even if s/he has
employees. That means the owner accepts complete personal liability for
all debts, awards and judgments. A creditor can take the owner's
personal property to settle debts.
2) A partnership. There is more than one owner.
In an unlimited partnership, any of the owners can bind the partnership to a
contract that is relevant to the normal day to day operations of the
partnership. For example, any one of the partners could sign the
partnership to rent a booth at a craft fair. The owners share
responsibility for everything that happens in their company. A creditor
can take the partners' personal property to settle debts. If
there are 2 people in a partnership and one does not have the money to handle
their business debt, the other partner is responsible for that debt.
In a limited partnership, some partners could choose to be
'silent' or non-working partners. It is not unusual for a partnership to
consist of one limited partner who contributes money and one general
partner who contributes work. Limited partners are not responsible for
the actions of the general partners and cannot be held liable for them.
Every partnership must have at least one general partner.
If any one of the partners leave the partnership, the whole partnership is
dissolved. Remaining partners could then choose to form a new
partnership.
3) A LLC or limited liability corporation. There can be one of more
owners (members). The members of an LLC are NOT liable for the debts of
the business. Taxes and bookkeeping rules are similar to those for
a partnership or sole proprietorship. The members do not have to
participate in the running of the LLC, they can hire a manager.
4)S-Corporation. The S-Corp is a special provision of a corporation
that exists solely for small businesses. The owners are shareholders of
the corporation. Like in an LLC, shareholders are NOT liable for the
debits of the business. However, bookkeeping is more complex for a
corporation. Also, shareholders must hold annual meetings and keep
track of shares. Taxation is passed through to the shareholders just as
in a partnership, sole proprietership, or LLC. S-Corps were very
popular before LLCs became readily available. Today, most artists and
crafts people who want to protect themselves from liability elect to form a
LLC.