How to Complete Articles of Incorporation
Starting your own business provides endless opportunities for success for yourself and your family. However, before you embark on your journey towards success, you must satisfy the legal requirements for forming a business within your state. States require various forms of documentation to establish a business entity. To form a corporation, you are required to complete and file Articles of Incorporation. Articles of Incorporation establish the governing body and are the backbone of a corporation.
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Instructions
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Establish a detailed business purpose that describes the activities of the newly formed corporation. The business purpose detailed in the Articles of Incorporation describes the activities the corporation is legally approved to perform in the state. Many corporations use a generic business purpose to anticipate changes in business activities.
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Check the name availability of the business before you complete the Articles of Incorporation. The Office of the Secretary of State or the Department of Commerce within many states have an online name search function that allows you to determine if a business name is available. Also, the United States Patent and Trademark Office provides an online database to search active trademarks. Generally, states require the entity name to be exclusive and to include an indication that the entity is a corporation by using the word Corporation or Incorporated in the title.
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Assign a registered agent for the corporation. According to the Texas Secretary of State, an entity's registered agent is an agent of the entity whom may be served legal documents on behalf of the corporation. Depending on the state of incorporation, the registered agent may be an individual or a business with a physical office inside or outside the state.
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Draft written articles that meet the requirements of the state of incorporation. According to CCH Tax Research Consultant the requirements generally include, at a minimum the following items: name of the corporation, name and address of the registered agent, nature of the business, number and classification of stock, and name and addresses of individuals serving on the first board of directors.
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File certification with the chosen state of incorporation. The Secretary of State or the Department of Commerce within each state grants corporation status to business entities. Each state has filing fees and forms that are required to obtain incorporated status. Fees are lower in less populated states, such as Alabama, and higher in more populated states, such as New York.
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Tips & Warnings
If you need help drafting Articles of Incorporation local business attorneys or online resources provide this service (See resources).
Articles of Incorporation filed with a state are an item of public record.
References
Resources
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