How to Incorporate in Pennsylvania
The Corporation Bureau of the Secretary of the Commonwealth of Pennsylvania requires businesses wishing to incorporate to follow the particular guidelines for each business structure. All documents submitted to the Corporation Bureau must meet the standards established for each structure and be submitted on 8½-by-11-inch paper printed or typed in blue or black ink. Business owners can submit faxed or copied incorporation documents on the condition that the documents are fully legible and do not require notarization.
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Instructions
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Incorporating a Business
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Select a legal structure for your business. A business structure is a legally recognized framework in which to engage in business. According to the Corporation Bureau, Pennsylvania recognizes the following business structures: for-profit and nonprofit corporations, S corporation, foreign business corporation, limited partnership, foreign limited partnership, limited liability company, foreign limited liability company, limited liability partnership and foreign limited partnership. Selecting the appropriate structure for your business is important because each structure has legal and tax implications for owners. In addition, each structure has different incorporation requirements. Business structures also vary in owner liability for the debts and assets of a business incorporated in Pennsylvania.
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File a business name registration. The Fictitious Names Act of 1982 requires individuals and all types of corporations and partnerships doing business in the state to file a fictitious name directly with the Corporation Bureau and not through county authorities. However, the fictitious name requirement does not apply if a last name is used in connection with the business as in "Smith Air Conditioning." For example, the fictitious name rule is not applicable if the name of a business organized as a partnership includes the names of all partners as in "Smith, Tulley & Udall." The Corporation Bureau also clarifies that business names that hint at other owners, such as "Jones & Associates," must file a fictitious name registration.
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File the incorporation form, supporting information and fees appropriate for your business structure. Generally, incorporating under any type of business structure requires appropriate contact information and a legitimate business address for a place of business. If no place of business exists in Pennsylvania, a business can still incorporate using the services of a commercial office provider. For example, forming a for-profit corporation requires two forms: Articles of Incorporation and the Docketing Statement form. The Corporation Bureau requires the signature and address of every incorporator, an available company name, office address that is not a post office box, a statement indicating how long the corporation is to exist and if applicable, the numbers of shares of stock the corporation is to issue. Forming a limited partnership requires partners to file a Certificate of Limited Partnership with the Corporation Bureau along with an available business name, an acceptable business address that is not a post office box and the addresses of all general partners.
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Pay the fees associated with the incorporation process. As of September 2010, the fee to incorporate a Pennsylvania business is $125. Business from outside of Pennsylvania wishing to incorporate are required to pay a $250 fee. In addition, filing a fictitious name registration requires a $70 fee. Additional fees apply for changes, mergers and annual registration for certain professionals working under a limited liability corporation.
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