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Forming A Corporation

Posted on 10 March 2010

business formationThere are several very good business structures you can use with a new, or existing business. Many entrepreneurs decide that forming a corporation is the right choice for their situation. After deciding that forming a corporation is the way to go, you have to figure out the basic steps to take. This article touches briefly on the steps involved with forming a corporate business structure.

While it may seem basic, on of the first steps to take when incorporating a business is to decide on a business name. You should choose a name that is unique to your company so that you are not stepping on an existing trademark. The name has to meet the requirements of the state you are incorporating in, which generally means it should end in ‘Inc.’, ‘Corporation’ or some variation thereof.

You also need to decide on the ownership structure before you can incorporate your company. A corporation is a very formal business structure and has requirements that other business forms do not. This includes having directors and a hierarchy of management. Before you can incorporate you need to decide on who is leading the company and what the ownership percentages will be.

The next step in company incorporation is to fill out the necessary paperwork that is required by the state that you are incorporating in. You can do this yourself or you can have someone else handle the incorporation documents for you. The advantage of having someone create and file the necessary corporate documents, including the articles of incorporation, is that you will be ensured that the forms are completed correctly. If you do not create a corporation often, then you run the risks of making a mistake which can lead to a delay in your corporation formation, or worse yet, it could cause your corporation to be invalidated later in a court of law.

You have a couple of choices when it comes to having others create your articles of incorporation and other necessary paperwork. You can hire an attorney or legal firm to incorporate on your behalf, or you can use an online incorporation company. The first option tends to be more expensive, but you will get more personalized treatment. The online option is a great way to save money while still having the incorporation documentation created correctly.

Once your corporation has been approved by the state you have to make sure that you take the necessary steps to run your company as a corporation. The corporate business structure has certain requirements that must be met on a set basis, such as holding an annual meeting. If you do not follow the rules of running a corporation, then you risk having your corporate shield be pierced in a court of law.

Make sure that you understand what is required to maintain your corporate status before you form a corporation. You may find that another business structure may be best for your situation.

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Category : Business Formation