How to Form a Corporation
- Choose a Business Name.
- Check Availability of Name.
- Register a DBA Name.
- Appoint Directors.
- File Your Articles of Incorporation.
- Write Your Corporate Bylaws.
- Draft a Shareholders’ Agreement.
- Hold Initial Board of Directors Meeting.
What is one of the main reasons to incorporate or form a corporation )?
The main reason for forming a corporation is to limit the liability of the owners. In a sole proprietorship or partnership, the owners are personally liable for the debts and liabilities of the business, and in many instances, creditors can go after their personal assets to collect business debts.
Where do you form a corporation?
Typically, this is the department or secretary of state’s office, located in your state’s capital city. While most states use the term “articles of incorporation” to refer to the basic document creating the corporation, some states use other terms, such as “certificate of incorporation” or “charter.”
What form of business has to incorporate?
Typically, most people incorporate, or form a limited liability company (LLC), to safeguard their home, car, and personal savings. Incorporating helps you conduct business without the apprehension of losing personal possessions due to a business liability.
What do you need to start a corporation?
The forms you need to start a corporation depend on the state where you are incorporating, but they will at least include a formation document. The name of this document varies from state to state (e.g., articles of incorporation, certificate of formation, certificate of incorporation, etc.).
Do you have to have a business name to form a corporation?
Your business name must not be currently used by another corporation, particularly in your industry. An easy first step is to find the online search tool that your state provides online, sometimes called “Business Name Availability Check” or “Business Registry Database.”
Which is the first step in forming a corporation?
We provide detailed instructions in our How to Form a Corporation state guides: Choosing a business name is the first step in starting a corporation. You should choose a unique name that complies with your state’s corporate name requirements.
Do you have to be a C Corp or S Corp?
So when setting up a corporation, owners do not need to choose between a C corp or an S corp. All businesses begin as a C corporation. After registering as a C corp with their state’s Secretary of State’s Office, owners can then elect to become an S corp by filing IRS Form 2553, Election by a Small Business Corporation.