Startups & Business › Legal & Finance
Incorporation
Forming a legal company, and how the choice of entity and country shapes everything after.
Also known as: incorporation, company formation, incorporating a startup
Incorporation creates the legal person that owns the product, signs contracts, hires people and takes investment. The choices made here — entity type and country — echo for the company’s whole life: they set taxes, fundraising options, hiring rules and how painful a future restructuring (flip) will be.
decide: where customers and investors are → pick entity investors fund → form early, cheaply
avoid: exotic structures for a pre-revenue team; incorporating nowhere ("we'll do it later")
Default to the boring standard your likely investors fund: a Delaware C-Corp for US venture, a Singapore Pte Ltd for regional rounds, a PT operating in Indonesia. Clever structures optimise for futures that may never arrive, at the cost of complexity now.
The classic mistakes:
- Incorporating nowhere. Founders build for a year as individuals, then discover the IP belongs to no company, contracts are personal, and investors need months of cleanup. Form before traction, not after.
- Fancy structure too early. Offshore holdings with no revenue and no investors cost money yearly and confuse everyone. Start simple where you operate; restructure when a round requires it.
- Founders’ IP outside the company. Code written before formation belongs to whoever wrote it until assigned. Every founder and contractor signs IP assignment at formation.
- DIY across borders. One country’s routine filing is another’s trap (founder visas, foreign ownership limits, tax residency). Local counsel at formation is cheap; cross-border cleanup is not.
Talk to a notary, lawyer or tax consultant for your case before choosing — entity, country and timing interact, and this page cannot see your situation.
In Indonesia and Southeast Asia
Indonesian founders typically form a PT (or PT Perorangan solo), get NIB licensing and NPWP tax numbers early. Teams raising regionally often add a Singapore holding structure before a priced round — do it when investors ask, not speculatively.