Corporations come into being by state filing. You prepare the articles, send them to the state business office with the fee and, once accepted, you can hold your first meeting, issue shares and apply for an EIN.
What do articles of incorporation contain?
Required content varies by state. You will usually give the corporation's name, its registered agent and address, and details of the authorized shares. Some states ask for the names of incorporators or directors.
How do articles of incorporation differ from articles of organization?
The two documents do the same job for different entities. LLCs file articles of organization. Corporations file articles of incorporation, or a certificate of incorporation where the state uses that name. If you are unsure which entity you want, an attorney or accountant can advise.
What does the state charge?
Each state sets its own fee. New York charges $125 to incorporate a business corporation, and other states are listed on the fee comparison page. Expedited handling is an extra fee in many states.
What should you decide before you file?
Settle a few points first, because they go into the articles or affect them. Pick the corporate name and check it against the state's records. Choose the registered agent. Decide how many shares the corporation can issue. Agree who the first directors are, since some states ask for them.
Also decide where the corporation will do business. A corporation formed in one state that works in another usually has to register there as well, and that step has its own fee. Our state filing fees page lists the foreign registration fee for each state.
How do you file articles of incorporation?
- Check that the corporate name is free in the state.
- Name a registered agent with a street address in the state.
- Complete the state's form and note the share details.
- File online or on paper and pay the fee.
- Keep the filed copy and diary the first report.
What happens after you file?
The state records the corporation. You then adopt bylaws, issue shares and file the yearly report the state requires. See annual report deadlines by state.
If you want help, you can ask our private filing service. State fees are separate and you can file yourself. This is a guide, not legal advice.
Sources
Fees come from each state office's published fee schedule, shown on the state pages.