Is it better to incorporate my nonprofit or not?

I currently have a startup and am preparing to launch and need to incorporate (To not make me liable); however, I can't incorporate in my name since I work for a tech company. Can I incorporate in my dad's name and, when I resign in a year or two, reincorporate in my name with a more complete incorp

• If yes, I would simply incorporate with the Stock Corporations- Directors Liability

• Answer:

  As you correctly note, once you start to do business with the public, you run a greater risk of generating personal liability.  For that reason, it is always a good idea to form a limited liability entity, whether a corporation or limited liability company, to protect your personal ass(ets).   With respect to your qestion about incorporating in your name, I think the real key to your question is whether the state for which you intend to incorporate, makes the names of their owners public.  Most do not.  If not, then you could incorporate in any such state and your identity would be protected.  That beign said, most, if not all, states do require certain annual information statements where you are required to name the directors and officers.  For that reason, you could effectively own the company, but your dad could act as the incorporator, and he could be all of the officers and the sole director.  Please consult with an attorney in the state of incorporation to better understand how its laws may impact your decision. Finally, as you are still employed by the tech company, you should also discuss with your counsel how its anti-moonlighing and IP policies may impact your startup.