Do I Need to get a License or incorporate my Business to Conduct Private Business?
Updated: Jun 10, 2021
Asking for permission (license) or incorporating your business makes it subject to public law.
All businesses and industries have the ability to remove the business from the jurisdiction of public law and to implement the protections of operating within the private domain. In todays world, business leaders are not taught to seek these protections and are educated to operate their business in compliance with and subject to public law. This compliance typically comes in the form of requesting a business license or forming a corporation or an LLC.
The definition of license is “written permission, from a competent authority, to do something that would otherwise be illegal”. Any business operating under a state or county issued business license is operating only under the permission of that governmental entity. If we continue to ask permission to operate our business or continue to ask permission (license) to conduct our own activities, we will be subject to the terms under which that permission is granted, i.e. public law.
Likewise with conducting business as a Corporation, LLC, foundation, etc. A corporation, according to long settled case law, is “a creature of the state and presumed to be operating for the benefit of the public”. You cannot create a corporation upon your own authority, you must petition the state to do it on your behalf. If you could create this entity upon your own authority, it would be a private association. As a creature of the state, the corporations will always be subject to their creator (the State) and regulation of public law. There is a better answer! A Properly Formed PMA!