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Legal entity

Operating company

The entity that employs people, signs customer contracts, and carries operating liability.

Legal vs tax
Usually an LLC or corporation. Tax classification is independent of the 'operating' role in the graph.
Liability
This is where lawsuits usually land. Capitalize it; insure it; do not hide assets inside it 'for privacy'.
Default federal tax
disregarded
Other federal options
partnership, s corporation, c corporation
Formation / maintenance
Formation plus payroll, sales tax, and foreign qualifications where you actually operate.
Public-record notes
Operating companies have the most public footprints (licenses, workers' comp, marketplace seller pages).
Succession
Equity sits at holdco when the graph is designed that way.
Investor fit
Buyers diligence the opco even if they buy the holdco.

Disqualifiers

  • Running personal expenses through the opco

Professional review: cpa, attorney, payroll, insurance.

Related: holding-companysingle-member-llcc-corporation