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Fashion Business Structuring

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Sole Proprietorship

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Advantages: Simple to establish, full control, owner retains all profits. Legal Implications: Personal liability for debts, difficulty raising capital, limited life span.

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Partnership

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Advantages: Easy to form, shared responsibility, more capital available. Legal Implications: Joint and several liability, disputes can arise, partnership agreement vital.

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Limited Partnership (LP)

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Advantages: Limits personal liability for some partners, can attract investors. Legal Implications: General partners have unlimited liability, more complex, must adhere to LP statutes.

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Limited Liability Company (LLC)

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Advantages: Limited liability, flexible management, tax advantages. Legal Implications: More complex to create, legal and state filing requirements, operating agreement important.

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Corporation (C-Corp)

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Advantages: Limited liability, unlimited life, transferable ownership. Legal Implications: Highly regulated, more expensive to form, double taxation on dividends.

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S Corporation (S-Corp)

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Advantages: Limited liability, pass-through taxation, unlimited life. Legal Implications: Limited number of shareholders, stricter qualifications, must file with the IRS as S-Corp.

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B Corporation (B-Corp)

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Advantages: Limited liability, can prioritize social goals over profit. Legal Implications: Must meet performance standards, legally accountable to stakeholders, transparency requirements.

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Cooperative (Co-op)

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Advantages: Member controlled, democratic operation, return of surplus to members. Legal Implications: Incorporation requirements, member equity contributions, profit distribution based on use or patronage, not investment.

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Non-profit Organization

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Advantages: Tax-exempt status, public funding opportunities, furthers non-commercial causes. Legal Implications: Must be for charitable, scientific, or educational purposes, rigorous state and federal approval process, regular reporting and transparency required.

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Franchise

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Advantages: Established brand and business model, corporate support and training, network benefits. Legal Implications: Adherence to franchise agreement, ongoing royalties and fees, franchisor control can limit decision-making.

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