State Guide: Articles of Incorporation

One of the first steps on your new business journey is creating your company's foundation through the articles of incorporation. This document is vital for forming a business entity like a corporation (C corporation). It helps in defining your business's structure, its purpose, and how it will run. Knowing about the articles of incorporation is vital for small business owners, whether it's a startup or a growing business.

Incorporating your business is a state activity. You will need to know the laws of your state to file your articles of incorporation correctly. This helpful article will provide links to different states' articles of incorporation laws.

Articles of Incorporation: A Brief Overview

The articles of incorporation are a set of legal documents that officially form your business as a legal entity recognized by the state. These documents outline important details like your business name, type of business, and management structure. It's akin to a birth certificate for your company.

When you file with your state's Secretary of State office, it means your business is officially in action. This step offers liability protection, separating your personal assets from the business's liabilities. So, filing the articles of incorporation is a very important step for small business owners.

How To File Articles of Incorporation in Your State

Filing these articles can vary from state to state. Typically, you need to decide your business structure and pick a unique corporate name. You will also need to designate a registered agent. This person will handle legal documents on behalf of your business.

You'll also need to describe your business purpose and detail the number of shares of stock your corporation will have. After preparing these documents, you submit them to the Secretary of State's office. You will typically need to pay a filing fee, which varies by state.

Remember, each state has different filing requirements. It's important to check with state agencies or the state government website about your state's laws, which you can find below.

State Laws: Articles of Incorporation

Below are forms for articles of incorporation (for a domestic corporation) for each of the 50 states and Washington, DC. A complete set of business organization forms can be found here. Note that most of the documents listed below are in PDF format and that some states may call the articles of incorporation by a different name.

What To Do After Filing the Articles of Incorporation

After successfully filing your articles of incorporation, you will receive a certificate of incorporation. You can then officially start doing business. There are several more crucial steps to setting your business up for success.

Firstly, obtain an employer identification number (EIN) from the Internal Revenue Service (IRS). The number is essential for tax purposes. It allows your corporation to file income tax and corporate tax returns. Setting up a bank account specifically for your business is also vital to manage finances separately from personal assets. This is essential for reducing personal liability, so be sure to do this as soon as possible.

It's important to understand federal tax and state tax obligations for your corporation. Stay informed through the IRS and the Small Business Administration (SBA). The SBA has several resources for small business owners. Additionally, if you plan to hire employees, prepare for responsibilities like payroll taxes and compliance with labor laws.

Next, you will need to assemble your board of directors and draft bylaws to outline how your corporation will operate. Don't forget to apply for any necessary business licenses and regularly file your annual report to maintain good standing with state agencies. These steps are essential for laying a strong foundation and ensuring the smooth running of your corporation.

How a Lawyer Can Help

Starting a new business can be complex, especially when dealing with legal documents and compliance with state and federal laws. As a busy entrepreneur, you likely wear many hats, but being a lawyer may not be one of them. If you have legal questions about how to file articles of incorporation in your state, let a legal expert take the wheel.

Speak to a business and commercial law attorney in your jurisdiction today to learn more.