| What does the Inc. Link® mean to you? It means
(1) peer pressure, on our affiliates part, to give you the best service
we can (2) a central point for complaint if you feel your service has
been less than it should be, or for a compliment if you are inclined to
give it and (3) a source of information with respect to your options in
the formation and maintenance of your corporation or limited liability
The first two points are self-explanatory. The third, most simply stated, means that we are in a position to give you guidance concerning which of our affiliates is appropriate to serve your needs. For example, let's assume that you are forming a new company because someone who employed you previously has advised you that they can only continue the relationship if you form a corporation or limited liability company so that they can pay you as an independent contractor, rather than as an employee. Let's further assume that you are not concerned about protecting your personal assets from your company's acts or debts. Finally, let's assume that you are the only participant in this proposed new company and that you can live with being taxed on the same basis you have been taxed in the past. In other words, in our assumption, you want to do only what is necessary to satisfy your "employer" so that you will continue to receive revenue from that "employer" in the future. Parenthetically, this is what we would call a classic simple "gatekeeper" situation: there is something you want, but someone is in a position to grant or deny you the right to receive it. This person is a "gatekeeper", and if there are no other considerations involved, your only concern is convincing the gatekeeper to let you through the gate so that you can get what you want. This is a repetitive concept in the law, varying because of the demands of the gatekeeper and the number of gatekeepers involved between you and your goal or goals.
The example we have given is the simplest case. You do not need the services of a high-powered lawyer, or even any lawyer at all. Similarly, you do not need the services of someone versed in all the intricacies of the Internal Revenue Code. A reliable nonlawyer formation service is the answer.
Now let us assume the opposite extreme: that you are forming your company with the intent of seeking equity capital from strangers. In other words, that you intend to sell stock (or limited liability company interests). Securities law, which applies in this situation, is a complex topic. The nonlawyer formation service is not in a position to help you. Moreover, those lawyers who have no experience in securities law are not in a position to help you. Your needs require the services of specialized (and for that reason probably more expensive) lawyers and certified public accountants.
There are countless scenarios in between these
two extremes and you need to know who to talk to concerning your own
particular scenario. The key is recognizing what you need. The lawyer
and (to a lesser extent) the non-lawyer services both have the experience
to help, although non-lawyer services cannot give legal advice. At first
blush, it seems that is against the interest of a nonlawyer formation
service to send you to a lawyer, and that it is against the interest
of a lawyer to refer you to the nonlawyer formation service. It is one
of our goals to help you determine the level of service you require,
and it is condition of affiliation that our affiliates assist you in