Step by Step: How to Incorporate a Business

1. Decide on the type of incorporation that is best for your company. Consult with an attorney and or an accountant to discuss which type of corporation is most beneficial from the perspectives of structure and taxes.

2.  Choose a company name: When deciding on a name for your business, some considerations should be the type of business, how important the name is to the business’ overall purpose, how a catchy name could help business or deter it, and if there are any other similar businesses with a similar name.  Once you have come up with a few names to consider, check with your local secretary of state office to ensure that the business name isn’t already registered.  This can usually be done online.  Another consideration, since so many businesses today have websites, is to check that the domain name for your business isn’t already registered.  If it is as a .com, check for it as a .net, or any other popular domain extension.  Once the name has decided, you’re ready to include the company name in your incorporation papers.

Assuming the applications and necessary forms are complete properly, the use of an attorney to file for an incorporation might not be necessary.  If someone other than the business owner files the Articles of Incorporation, a form known as Consent to Serve as Registered Agent may need to be filed as well, accepting service on behalf of the corporation.

3.  Filing: All original documents must be filed, containing original signatures, no photocopies.  Include required filing fees with articles and forms.  Most states offer an expedited filing service for an additional fee.  Paying the expedited fee can speed up the process by a couple of weeks.  Once you receive a confirmation that all documents were filed, the process is complete, and your company is incorporated.