FAQ (Frequently Asked Questions)

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FAQS on Incorporation Services

Many people feel their businesses are too small or too new to incorporate. Others feel that incorporation would be to expensive. Nothing can be farther from the truth. The fact is, all businesses can benefit from incorporating and the fee that you pay to incorporate will well outweigh the risk of starting or operating a business that is not incorporated.
In general, a corporation is required to name three officers: The President, the Secretary, and the Treasurer. These positions may be held by three different individuals, or by one person. Many small business owners start out by holding all three positions.
CAPA can prepare and file your Articles of Incorporation within minutes or hours depending upon the type of Corporation and State you are Incorporating in.
You may desire to maintain an office or commercial location depending on the nature of your business, but it is not required. Many people operate their corporation from the comfort of their home without employees. A corporation is ideal for a home based business.
Yes, you can incorporate in any state that you feel will benefit your business and operate it from another state. However, some states may require that you be admitted to operate in that state.
CAPA can incorporate your business in any of the 50 states, however, we feel that the state of Nevada gives you the best protection.

FAQS on Limited Partnerships

Three distinctions between limited partnerships and general partnerships: LP’s are create by statute, not by intentions of the partners. They also have the ability to override the partnership agreemtn, and a limited partnership normally has pass-through taxation but must meet certain criteria to avoid being taxed as a corporation.
As in a general partnership, income can be allocated each year among the partners in a way that minimizes taxes. If the limited partnership meets a minimum number of criteria related to limited liability, centralized management, duration, and transferability of ownership, it can enjoy the benefits of pass through taxation; otherwise it will be taxed as a corporation.
The limited partner interest is considered a security by law. It can be transferred to a third party, but general partners and limited partners have the right to first refusal. Because of its nature as a security, there is an advantage to targeting “sophisticated” or “accredited” investors, defined as those having a net worth greater than $1 million or having an income greater than $200 thousand for the past two years. Disclosure laws are not as rigid for such investors.


An LLC can be taxed either as a “pass-through” entity, like a partnership or sole proprietorship, or as a regular corporation. By default, an LLC is taxed as a pass-through entity, and the owners of the LLC are not subject to double taxation. This is different from a regular corporation, which pays a corporate tax on its net income (the first tax) and then a second tax when the corporation distributes profits, as the stockholders pay income tax on dividends. With an LLC, the profits “pass through” to the owners, who pay taxes at their individual tax rates.
It is a common question among business owners and one that deserves careful consideration. While both are excellent choices for personal liability protection, each structure offers its own set of distinct advantages. Choosing the right one for your company depends on your particular business, operational needs, and tax strategy.
Although an S-corporation shares many of the same tax characteristics as an LLC, an LLC has more flexibility and less restrictions than an S-corporation. An S-corporation cannot have more than 100 stockholders, cannot issue more than one class of shares, and is subject to more formalities than an LLC (such as the requirement to hold an annual meeting of stockholders). However, owners of an LLC are required to pay social security and medicare taxes on the profits of an LLC. Stockholder of a corporation are not required to pay these taxes on profits over and above the stockholder’s salary.

FAQS on Living Trusts

Many people have been sadly misinformed about the Living Trust from other people, even people who are supposedly knowledgeable in these matters. People are told that unless you are wealthy or your estate is valued at six hundred thousand dollars or more, all you need is a will. Almost everyone thinks that they need a will when the fact is, almost everyone needs to have a Living Trust.
There is no need to inform your attorney or have your Will cancelled. Your Living Trust will include a pour-over Will, there-by revoking any previous Will.
Yes, you have the right to Amend, Alter, or Cancel your Living Trust at any time.
Many people are told there are no need for a Living Trust if their property is in Joint Tenancy. Joint Tenancy only gives you temporary Protection, when the first party dies the property will bypass probate and pass on to the surviving party. However when the surviving party dies , the entire estate must go through probate. You should get a Living Trust and get it while both parties are living.
You may desire to maintain an office or commercial location depending on the nature of your business, but it is not required. Many people operate their corporation from the comfort of their home without employees. A corporation is ideal for a home based business.
Yes, with a Revocable Living Trust you can sell your home and any other property placed in the trust at any time. At the close of the sale or in escrow you can decide to have the proceeds come directly to you or you can leave them in the trust. Most escrow officers or closing agent are familiar with this type of transfer or sale proceeds.
Your Trust remains the same. The Living Trust is recognized in all states in the U.S.A. and in some foreign countries.
The Living Trust has been in existence for hundreds of years but probate is more lucrative. Therefore the Will is more popular and promoted more among the legal community then the Living Trust.
CAPA’S Living Trust service provides the client with the preparation of the Living Trust, and assisting the client with transferring properties (assets) into the Trust. Our prices are affordable, service is fast, effective and guaranteed.