Certificate of Formation Help Guides

What is expedited filing?
Expedited filing is a popular option for corporations seeking to shorten the time it takes to receive approval of their articles of incorporation filed with the state. This option often results in time savings of two or three weeks, allowing the corporation to open its doors and start receiving revenue much faster. The requirements for using expedit...
What legal documents are required when starting a nonprofit corporation?
While there are many important documents needed to help form nonprofits, and the needs of a nonprofit will depend on the state and industry in which it operates, the three vital documents every nonprofit must have are the articles of incorporation, corporate bylaws, and meeting minutes. Articles of incorporation are required for the nonprofit to be...
Are voting members required?
In short, no. The main function of voting members is to elect the board of directors. In fact, most companies choose not to use voting members at all, instead opting to only use a board of directors, which is elected at the first corporate meeting. These boards are self-perpetuating in that they elect their own replacement members and additional mem...
In which state should I incorporate?
When deciding in which state to incorporate, it is necessary to consider many different factors. The ultimate choice will depend on the particulars of your business’s situation and needs. First, you will need to become familiar with the relevant business laws in the state where your business is physically located. Incorporating in your home state ma...
Why is Nevada such a common state for incorporation?
Although Delaware is by far the most chosen state for business incorporation, Nevada has surged in popularity in recent years by introducing corporation-friendly rules. The top benefits for incorporating in Nevada are as follows: No state corporate income tax No corporate franchise tax No personal income tax No fees imposed upon corporate shares Cor...
How does a corporation protect my personal assets?
A corporation is considered to have separate “legal personality” from the people that own it—the shareholders. This means that a corporation has the ability to enter into and enforce contracts. Additionally, a corporation can also accrue debt and own assets. As a separate legal entity, if any creditors attempt to enforce a debt against a corporation...
How do I choose a name for my business?
When completing your articles of incorporation you will need to indicate a unique name for your business. The name should not lead consumers to confuse your business with another business already in existence, especially if that business operates in the same region or industry in which you plan to conduct business. Best practice is to shortlist your...
What documents are necessary to form an LLC?
Formation To form an LLC, complete and file your articles of organization (sometimes called a certificate of formation). Governance Although you do not need to file an LLC operating agreement, this is a core document that defines who owns the LLC, how it will be managed, how the membership will handle profits, and more. Ownership Although many LLCs...
Do I have to file the articles of incorporation in person?
Very few states require that the articles of incorporation be filed in person, and even then, it is only required in a few states for those who wish to expedite the filing time. These days most states accept the articles of incorporation via mail or fax, and many are also now offering online filing portals....
What is an EIN and do I need one?
“EIN” stands for Employer Identification Number and is required by the IRS for tax identification purposes for any business with employees as well as businesses falling under a few other categories. Specifically, the IRS requires that a business obtain an EIN if it: has employees; operates as a corporation or partnership; withholds taxes on income o...