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Sole proprietorships are the most common type of business structure among farms, while farms with higher sales tend to operate more often as Limited Liability Companies (LLCs) or Corporations.
Choosing a Legal Structure for Your Agriculture BusinessSole Proprietorship. Hanging a shingle is an easy, fast way to begin making business transactions.Partnership.Limited Liability Corporation.Non-Profit.Cooperative.C Corporation.S Corporation.Additional Resources.
Farmers form businesses under one of the five basic business structures: sole proprietorship, limited liability company, partnership, corporation or cooperative.
A newer business structure, and currently one of the most popular for farms and other businesses, is the limited liability company (LLC). An LLC is a hybrid structure that offers the limited liability of a corporation with the flow-through taxation of a partnership.
Asset ProtectionThe main benefit of forming an S corporation is to protect your personal assets. You and your co-owners are not individually liable for legal or financial obligations of the farm. Creditors with court judgments cannot seize your home, car and other personal assets.
Many states, including Massachusetts, adopted Right to Farm language in the state statutes to protect active farmers from nuisance lawsuits from neighbors. Local communities in Massachusetts can also adopt a local Right to Farm bylaw to create public awareness relative to the needs of local farms and farmers.
This By-law shall apply to all jurisdictional areas within the Town. The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto.
There are three relatively common partnership types: general partnership (GP), limited partnership (LP) and limited liability partnership (LLP).
A farm partnership prevails when two or more people co-own an agricultural venture through an oral or written agreement. Although an oral agreement is binding, signing a written farm partnership agreement helps the partners avoid complications in future relationships.
There are three forms of legal entities that farmers typically choose for their business: sole proprietorship, partnership, or limited liability company. In addition to the for-profit entities, a farm may choose to be a nonprofit corporation.