How can I form a business corporation, a limited liability company, or a nonstock, not-for-profit corporation in Wisconsin?  How can I form a limited partnership or a limited liability partnership under Wisconsin law?  Can I just form my business entity and forget it?

There has been an ongoing expansion in the law over time as to the types of business and nonprofit entities that may be formed.  In order to provide flexibility as to how these organizations are formed and operate, the statutes are filled with default rules that often may be modified to address your situation and your particular needs.  However, the law governing these different entity types varies, and depending on your situation and your goals one may be a better fit than another.  The goals in entity formation include: (a) identifying the entity type that is the right fit for your situation and goals: (b) modifying the default rules to address your formation and organizational needs; (c) addressing the rights and responsibilities of the various entity stakeholders, including owners and key employees; (d) developing organizational procedures and processes to address and resolve disputes between owners and leaders in the entity; (e) defining rights and processes to provide for the orderly sale and transfer of ownership interests (this is particularly important with small businesses as the most important market for small business ownership interests are often the co-owners of the business); and (f) addressing tax issues that may be affected by your entity selection.

Articles of Incorporation or Organization may be filed for a business corporation, a limited liability company, or a nonstock, not-for-profit corporation with the Wisconsin Department of Financial Institutions.  Likewise, a certificate of domestic limited partnership or the registration of a limited liability partnership may be filed with the Wisconsin Department of Financial Institutions.   What staff at the Wisconsin Department of Financial Institutions cannot do is to provide you legal advice to assist you in working through the issues identified above.