The National Agricultural Law Center
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Business Organizations


Overview

The development of forming organizations for the purpose of doing business began centuries ago, but the twentieth century witnessed an explosion in both the number and types of business organizations available. From the simplest sole proprietorship to the most complex multinational corporation, the various business structures have evolved to meet the needs of society. The many types of business structures offer the flexibility required to fit the different needs of both business in general and businesses in agriculture specifically. Informal arrangements become sole proprietorships and partnerships, providing structure to business ventures as they grow. More formal arrangements are created at the state or national level, such as limited liability companies and corporations. These business organizations provide stability and protection to investors and officers while establishing guidelines within the organization and under the laws of the states in which they do business. Read the full overview

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

Internal Revenue Code, Income Tax, 26 U.S.C. subtitle A.
Internal Revenue Code, Employment Tax, 26 U.S.C. subtitle C.
Aid to Small Business, 15 U.S.C. ch. 14A.
Small Business Investment Program, 15 U.S.C. ch. 14B.
Labor, Title 29 of the U.S.C.

Case Law

Case Law Index for Business Organizations

Center Research Publications

Legal and Business Guide for Specialty Crop Producers (National AgLaw Center & U. AR Division of Agriculture)
Arkansas Direct Farm Business Guide (M. Tarr, A. Endres, J. Endres & N. Johnson, U. IL @ Urbana)
Legal Risk Management: Protecting Your Farm and Family - PowerPoint Presentation (Mirus, 2009)
Forms and Filing Information: Business Organizations (Rumley, 2009)
An Overview of Organizational and Ownership Options Available to Agricultural Enterprises,
Part 1
(Goforth)
An Overview of Organizational and Ownership Options Available to Agricultural Enterprises,
Part 2
(Goforth)

Congressional Research Service Reports

CRS Subject(s):
Bankruptcy
Commodities
Estate Planning
Farm Labor
Finance and Credit

Agricultural Law Bibliography

Introduction   |   Keyword Search   |   Browse Categories

Legal publications on :
Agribusiness Corporations
Bankruptcy
Corporate Farming (Restrictions on Corporate Farming/Family Farm Preservation)
Cooperatives
Estate Planning/Divorce
Organizational Forms for Agriculture (Business Law and Development)
Taxation

Reference Resources

Department of Labor (DOL)
Youth in Agriculture
Summary of the Major Laws of the Department of Labor
Economic Research Service (ERS)
Briefing Room: Farm Structure
Briefing Room: Farm Risk Management
Internal Revenue Service (IRS)
Tax Information for Businesses
Sole Proprietor
Partnerships
Corporations
Limited Liability Companies
Changing Your Business Structure
National Agricultural Library (NAL)
Starting a Small Business
Small Farm Funding Resources
Rural Development
Business and Cooperative Programs
Leaving Home? Reasons vary for co-op conversions; critics remain wary of producers
losing control
(Jorgensen 2005)
Small Business Association (SBA)
Choosing a Structure


Other Federal Resources
Official Business Link to the US Government (Business.gov)
Non Profit Organizations (Business.gov)
U.S. Securities and Exchange Commission - Filings and Forms
Choosing an Organizational Structure for Your Aquaculture Business


Additional Resources
Small Business Development Center
State Links
Center for Agricultural Law and Taxation (IA St. U.)
Business Organization Forms (Ohio St. U.)
U.S. Chamber of Commerce
Choosing a Business (IA Secretary of State)
Types of Business Structures (WA State Licensing)
Ag Risk Education Library
Beginning Farmer: Transfers, Agreements & Structures (Hawbaker, 2008)
Beginning Farmer: Questions to Ask About Partnership (Hawbaker, 2008)
Starting, Organizing, and Managing an LLC for a Farm Business (Moore, 2008)
Using Liability Limiting Entities to Manage Liability Exposure for Ohio Farms (Moore & Ward, 2008)
Transferring Business Ownership (Hofstrand, 2007)
Business Entity Planning (Thompson & Hayenga, 2002)
Selecting a Business Structure (Williams, Barton and Coltrain, 2000)
How to Organize your Business (U. ME Extension)
Legal Forms and Traditional Structures of U.S. Business Organizations
Business Structure Strategies (Cornell U. Extension)
International Chamber of Commerce
Ag Decision Tools - New Business Development (IA St. Extension)
Farmdoc Ag Links (U. of IL Extension)
Minority Owned Business Organizations
Estate Planning and Business Succession (MI St. Extension)
Starting a Business (Entrepreneur.com)
Business Tools (SCORE:"Counselors to America's Small Business")
Better Business Bureau
American Bar Association - Section of Business Law
United Agribusiness League
National Business Incubation Association
Small Business Plan Guide
Legal e-Source for Non-Profit Business Organizations (U of AR)
New Business Development - Starting a Business (IA St. Ext. Ag Decision Maker)


Publications
General Partnership Agreements for Cattle Producers (Rincker, 2010)
501(c)(3) - Do You Need It? How To Get It. How To Keep It! (Tarvin & Bridges, U. of AR)
Checklist for Obtaining Tax Exempt Status in Arkansas (Bridges, U. of AR)
Filing Requirements for Partnerships and LLCs that Are Taxed as Partnerships
Income Tax Consequences of Changing Business Entity
ABA Family Legal Guide - Forming and Operating a Small Business
Choosing a Business Structure (Sander and Lambert, 2007)
The ABCs of LLCs: Limited Liability Companies Offer New Option for Rural Businesses (Frederick 1997)
Cooperative Organization and Structure (1998)
Articles of Incorporation for Cooperatives, Including a Sample Outline (Rapp & Ely, 1996)
Use of LLC-Cooperative Statutes: Status of New Business Formation in Wyoming, Minnesota,
Tennessee, and Iowa Organized Through 2005
(Kennedy & Frederick)
The Important Role of Non-Organization Law (Ribstein 2005)
Should You Use an LLC for Your Small Business? (Nelson)





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