A Rational Approach to Business Entity Choice

92 Pages Posted: 27 May 2016

Date Written: 2016


This Article reinvigorates the entity rationalization movement and will ultimately argue that there are only three necessary entity options: corporations, partnerships, and nonprofit organizations. Part I defines the issue of entity proliferation and, along with the Appendix, presents a state-by-state analysis of the types of legal entities available, an endeavor that has not yet been conducted. The Appendix contains a chart that enumerates each legal entity available in each of the fifty states and the District of Columbia. Part II discusses the problems associated with entity proliferation from the perspective of the public, potential business owners, small business attorneys, and judges. Part III discusses the necessity and utility of several of these entities and ultimately argues for entity rationalization and dictating the steps necessary to address the issues.

Keywords: entity rationalization, entity proliferation, business entities, corporations, partnerships, nonprofit organizations, 50 state survey, limited liability companies, LLC, benefit corporation

Suggested Citation

Amarante, Eric Franklin, A Rational Approach to Business Entity Choice (2016). 64 Kansas Law Review 573 (2016); UNLV William S. Boyd School of Law Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2784855

Eric Franklin Amarante (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States

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