Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.
Kimberlee Leonard Small Business Expert WriterKimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.
Written By Kimberlee Leonard Small Business Expert WriterKimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.
Kimberlee Leonard Small Business Expert WriterKimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a.
Small Business Expert WriterCassie is a deputy editor collaborating with teams around the world while living in the beautiful hills of Kentucky. Focusing on bringing growth to small businesses, she is passionate about economic development and has held positions on the boards of.
Cassie is a deputy editor collaborating with teams around the world while living in the beautiful hills of Kentucky. Focusing on bringing growth to small businesses, she is passionate about economic development and has held positions on the boards of.
Written ByCassie is a deputy editor collaborating with teams around the world while living in the beautiful hills of Kentucky. Focusing on bringing growth to small businesses, she is passionate about economic development and has held positions on the boards of.
Cassie is a deputy editor collaborating with teams around the world while living in the beautiful hills of Kentucky. Focusing on bringing growth to small businesses, she is passionate about economic development and has held positions on the boards of.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Brette Sember, J.D. contributorBrette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.
Updated: Jun 13, 2024, 6:53am
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If you are registering a new corporation with your state’s Secretary of State, you’ll need to file articles of incorporation to complete the filing. These articles are what establish the company as its own business entity. This article reviews what articles of incorporation are, who needs them and the process of filing them.
Articles of incorporation is a public document that a corporation files with the Secretary of State in the state it is registering in. This public record tells people key details about the company. Details include the corporation name, contact information and details about corporate stock.
Most Secretary of State offices have a template form for you to complete the articles of incorporation. This form will walk you through the company’s essential information. As long as you complete all details, you’ll complete the articles of incorporation.
On the form, expect to find the following:
Many states offer an electronic version of the articles of incorporation, expediting the process of filing them and getting your corporation registered.
Any new corporation must file articles of incorporation. This is true for all corporations across all states. The form may look slightly different from state to state as each state has its own requirements.
Articles of organization is a similar form required for limited liability companies (LLCs). This form contains much of the same data as the articles of incorporation, but without the stock information since an LLC doesn’t have stock shares issued.
The articles of incorporation are vital because they provide all relevant information the state needs to establish the new company. Information about registered companies is public information; thus, the details found in the articles of incorporation become the basis of that public record.
Most states require that the articles of incorporation be filed with the state’s Secretary of State. In some states, another agency handles the filing of these forms. Search for the agency that registers new businesses in the state. You will locate the form either as a PDF or as an online form for you to complete.
When the form is complete, you submit it with the filing fee. The state will then review the articles of incorporation and likely approve it. Once it is approved, you will receive a certificate of formation from the state. This is the official document that states that the company is a legal corporation.
Once you have the certificate of formation, you will complete other important company documents and accounts. The first is the bylaws. Bylaws don’t need to be registered with the state but serve as a document that explains how the corporation will be run, including the rights and responsibilities of the officers, directors and shareholders. You next need to obtain an employer identification number from the IRS that helps you establish bank and credit accounts and allows you to file taxes.
The articles of incorporation is a necessary document to create and register a new corporation with the state. This document sets up the business as its own separate entity and allows the company owners to legally run the company. It’s a simple form that takes just a few minutes to complete and becomes the basis for the company’s public record on the state’s website.
The difference between a corporation and an LLC is what is filed with the state, the structure of the company and how it gets taxed. A corporation files articles of incorporation, while an LLC files articles of organization. The corporation has a board of directors and will be taxed as its own entity, whereas the LLC does not have a board of directors and has options for how it chooses to be taxed.
Incorporation creates a new corporation. Obtaining corporation status protects the owners’ assets from company debts and liabilities. It also issues stock shares, making it easier to obtain outside investors for the company.
Writing the articles of incorporation to file with the state takes just a few minutes. However, getting approval may take weeks. Most states offer an expedited service for an additional processing fee.
Business owners who want to scale their business by hiring employees and taking on outside investors are best suited for a corporation. Corporate shares are easier to transfer than LLC membership interests, and established investors tend to prefer the well-established and predictable structure of a corporation. Entrepreneurs who want to create a business that upholds their commitment to a positive impact on society or the environment may want to consider forming a benefit corporation, or B-corp, if it’s available in your state.
