This Guide is designed to clarify the existing options for setting up a social enterprise in the United States and the important strategic considerations related thereto. While the availability and certain elements, restrictions and other attributes of the corporate structures vary from state to state, this Guide is designed to give an overview relevant across the whole country. Legal advice should be sought in relation to the applicable statutes of the state in which an entity is incorporated and operates to identify differences from the information provided in this Guide and additional considerations or layers of complexity. At the beginning of this Guide, we have included a decision tree to assist entrepreneurs in choosing the most appropriate structure for their social enterprises. While this decision tree is not designed to cover all potential issues and considerations that factor into choosing an organizational structure, we suggest that social enterprises considering which structure or structures might be most suitable for them begin with this decision tree and then turn to the full description of each of the corporate forms contained in Part 2 and Part 3 of the Guide.
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