Frequently Asked Questions

Can I register my selected name?

In order to register either an incorporation or LLC name, that name must be available. Once you place your order, we will check for availability in your selected state. If you want to ensure that you get your primary name, when you order we suggest that you don’t include a secondary name. This way we will not try to register your secondary name if your primary is not available.

What is a registered agent?

A registered agent is the person who is responsible for receiving service of process within your state of incorporation. You are not permitted to use a P.O. box when selecting a registered agent.

Typically you will be the registered agent for your new entity.  In some cases you will need a registered agent. For example, if you are incorporating in one state and operating your business in another state.

What are Articles of Incorporation?

“Articles of Incorporation” is a document that begins the process of incorporating your company. Also known as the “Certificate of Incorporation” or “Corporate Charter”.

Generally, most states require Articles of Incorporation to contain the corporate name, the registered agent, and the business address.

Most states have different requirements for their articles of incorporation.

What is an Operating Agreement?

An operating agreement will dictate to the members of the company how the company is to operate. For example the operating agreement may include an article that will tell the members under what conditions the company can be dissolved. The operating agreement is required for an LLC, however, it is not filed with the State office.

What is a Corporation?

A corporation is an entity that is created at the state level. A corporation can provide you with limited liability and tax advantages.

Corporations are created under and governed by the laws of the state of incorporation. Each state has its own distinct rules, regulations, filing requirements, and applicable laws.

How many officers does my corporation need?

The requirements for officers can vary by state, but in general your corporation will require at least one officer.

Basically, officers are individuals who have been appointed by the Board of Directors. The officers are responsible for carrying out the company policies and for making day to day decisions.

For small or medium sized business, it is not uncommon for the company to have only one officer, who is the sole owner of the company.

What is an S-Corp?

An S Corporation is simply a corporation that has applied and been granted the special tax status of being an S-Corp. This type of corporation pays no income tax, and all gains and losses of the corporation pass through to its shareholders in proportion to their holdings. We can help you to file for S-Corp status with the I.R.S.

What is a Federal Tax Number or EIN?

A Federal Tax Number, or EIN number (Employer Identification Number). The EIN number can be used by corporations when they setup bank accounts, hire employees, or file tax returns.

The EIN number for the corporation can be compared to the Social Security Number(SSN) for the individual.

Where should I incorporate?

In general, many small and medium sized businesses incorporate in the state than they operate in. If you choose to incorporate in a state other that where your company is located, then you will need to have a registered agent within your state of incorporation. Typically, it is the least complicated and most cost effective way for a small business to incorporate.

What are Bylaws and are they mandatory?

Bylaws represent the regulations of a company and, in combination with the articles of incorporation, provide the basic rules for the conduct of the company’s business and affairs.

Bylaws are not required in all states or for all corporations.

What does “limited liability” mean?

The term “limited liability” refers to a certain level of protection that is afforded to the owners of a corporation. Corporate law dictates that the owners of a corporation shall not be personally liable for the debts of the corporation.

The liability of the corporation is generally limited to the initial investment of the shareholders.

Can I file by Fax?

Yes, you may file by fax. To file by fax, simply click here file by fax. Print out the form and fill in the requested information.

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