Commonly Asked Questions About The Incorporation Process
Casey R. in Scituate, MA asks us
"I'm the only owner of my corporation. Do I still need to draft bylaws?"
Yes. All corporations must have bylaws. Similarly, all Limited Liability Companies (LLCs) must have an operating agreement.
Nancy L. in Phoenix, AZ asks us
"I've received my documents sent to me by The Company Corporation. How can I change them?"
When you purchase bylaws or an operating agreement from The Company Corporation, we forward the document to you by e-mail. You can make any changes to the document before printing and signing it.
Lew I. in New Castle, DE asks us
"How long will it take to receive my operating agreement?"
Please allow one business day for receipt of your customized operating agreement or bylaws document by e-mail. If you recently submitted an incorporation or LLC formation order, we will not create your customized document until the Secretary of State has confirmed the company's formation.
Laura B. in Phoenixville, PA asks us
"I'm starting a home-based business. Do I need a business license?"
You might. In fact, your state and local governments may require numerous licenses and permits. For example, Internet businesses in El Dorado County in California usually obtain a California Seller's Permit, Business License, and Home Occupation License. The thousands of local licensing jurisdictions across the United States each have their own set of requirements. As a business owner, you must understand and obtain the licenses required for your business.
Jared R. in Boulder, CO asks us
"I operate my business in more than one state. Do I need a license for each location?"
If your business operates in more than one town, city, county, or state, you may need multiple licenses. The Business License Compliance Package includes the business applications and forms identified for your business for one town or city in one county and state. If you plan to conduct business in multiple locations, please contact a Business License Specialist at 888-705-9716 (toll-free) to place a multi-state order. Additional fees apply.
John R. in Los Angeles, CA asks us
"What can happen if I do not obtain the appropriate licenses and permits?"
Failure to register your business with the appropriate government agency could result in fines and can have a number of legal repercussions that could prevent you from operating your business.
Amy L. in Elkton, MD asks us
"I recently obtained my Certificate of Good Standing. How long will it last?"
If you submit a Certificate of Good Standing to another state, that state may have guidelines regarding its timeliness. For example, some states will not accept a Certificate of Good Standing more than 3 months after issuance.
Matt M. in Tulsa, OK asks us
"I was looking into acquiring a Certificate of Good Standing? Where can I get one?"
Usually, the Secretary of State issues these certificates. The Company Corporation can help you place an order to request a Certificate of Good Standing.
Curt H. in Minneapolis, MN asks us
"What is the difference between a Certificate of Good Standing and a certified copy?"
A Certificate of Good Standing reflects the status of a company as of a particular date. A certified copy is a copy of a document on file with the state (such as Articles of Incorporation) that the state certifies as true and correct.
Emily W. in Wilmington, DE asks us
"How long does my certified copy last?"
If you submit a certified copy to another state, that state may have guidelines regarding its timeliness. For example, some states will not accept documents more than 3 months after issuance.
Keith J. in Seattle, WA asks us
"I'm not sure if I need a Certificate of Good Standing and a certified copy. What is the difference between the two?"
A Certificate of Good Standing reflects the status of a company as of a particular date. A certified copy is a copy of a document on file with the state (such as Articles of Incorporation) that the state certifies as true and correct.
Michael A. in Somerset, NY asks us
"Who issues certified copies and where can I get one?"
Usually, the Secretary of State issues these copies. The Company Corporation can help you place an order to request a certified copy.
Joe K. in Mentor, OH asks us
"I am shutting down my business. What is the difference between a dissolution and a cancellation?"
Most states use the term "dissolution" to refer to termination filings for corporations. "Cancellation" usually refers to an LLC's termination.
Ken L. in Milford, DE asks us
"Someone told me that I needed to "withdraw" from additional states. What is the difference between a dissolution and a withdrawal?"
Typically, a company dissolves in the state in which it originally formed. Companies withdraw from any additional states in which they also registered to do business.
Melissa F. in Birmingham, MI asks us
"How much will a dissolution cost?"
The Company Corporation charges a service fee of $125.00 plus state fees to help customers dissolve their business. Including state fees, most dissolution orders cost between $400 and $700.
Pete T. in Springfield, MO asks us
"Why do businesses file amendments?"
Most commonly, companies file amendments to reflect changes in their name, purpose, address, or management.
Dave W. in Athens, GA asks us
"My company has shifted its purpose. How soon should I file an amendment when something changes?"
As soon as possible. Some state statutes include guidelines for amendment filings.
Mike B. in Great Falls, MT asks us
"How much will my amendment cost?"
The Company Corporation charges a service fee of $125.00 plus state fees to help customers file an amendment. Including state fees, most amendments cost between $200 and $500.
Erin L. in Raleigh, NC asks us
"I just started my company and I was wondering what your compliance kit includes?"
Banks and lenders often request a company seal, which our kit includes. We also include stock or membership certificates, sample bylaws or an operating agreement, and a zipper-bound binder to help you store important company records.
Heather W. in Hamilton, NJ asks us
"Do you personalize the contents of my kit?"
Yes. We engrave your compliance kit with the name of your company. Your stock or membership certificates also reference your company name. Additionally, we include a company seal with your business name and date of formation.
Nick P. in Dover, DE asks us
"I have a corporation. Is the compliance kit for LLCs different?"
Yes. A compliance kit for a corporation includes stock certificates and sample bylaws. A kit for an LLC includes membership certificates and a sample operating agreement.
Susan W. in Edinboro, PA asks us
"I just received my Doing Business As name. Will my DBA name expire?"
It depends upon the state, county, or city where you filed your DBA name. In some cases, DBA names never expire. In others, companies must renew their DBA filings.
Mark G. in Chicago, IL asks us
"Does registering a DBA protect my company name from use by other businesses?"
Not usually. In most cases, businesses file DBA registrations for public notice only.
Rick F. in San Francisco, CA asks us
"My business needs a DBA. Where to do I file for one?"
Where to file depends upon several factors, including where you do business and the structure of your business. Contact us for assistance in filing your DBA.
James A. in Wilmington, DE asks us
"I've heard that all businesses are required to have an EIN. Do I need one?"
The IRS usually requires corporations and Limited Liability Companies (LLCs) operating as partnerships to obtain an EIN. Any business that hires employees, including sole proprietorships and single-member LLCs, must also apply for an EIN.
Tom V. in Providence, RI asks us
"No one has asked me for proof of an EIN yet. Who might request it?"
Banks may require an EIN in order to open a business checking account. Also, you may need to list your EIN on business license, permit, and tax registration applications.
Jeff H. in New York, NY asks us
"Can The Company Corporation help me apply for an EIN?"
For only $75 ($175 for non-U.S. residents), The Company Corporation can process your EIN application.
Timothy F. in Topeka, KS asks us
"I don't currently conduct business in Delaware. Why should I file an annual report?"
All Delaware corporations and Limited Liability Companies (LLCs) must pay franchise taxes to the state of Delaware, regardless of whether they currently do business in the state. Corporations must also file an annual report. Timely filing ensures that a company remains in good standing with the state.
Karen J. in Claymont, DE asks us
"What are the state franchise tax fees for my Delaware business?"
LLCs pay a $250 annual franchise tax in Delaware. Corporations pay a minimum of $75 in franchise taxes and a $25 annual report filing fee ($100 minimum).
Mark S. in Baltimore, MD asks us
"Why can't I just pay the state directly?"
You may file annual reports and pay franchise taxes directly through the state of Delaware's Web site. For added convenience, The Company Corporation offers an annual service to help you satisfy this important requirement.
Daryl B. in Shreveport, LA asks us
"If I don't do business in Delaware or Nevada, can I still purchase mail forwarding service?"
Yes. Businesses located in any state may purchase a Delaware or Nevada mail forwarding address.
Craig D. in Bedford, PA asks us
"How long does the application process take?"
Once you return the application materials and payment to our office, the process typically takes 2-3 business days. Please remember to send duplicate originals of your notarized application materials.
Brian D. Newport, VT asks us
"Should I choose domestic or international mail forwarding service?"
If you require international shipping, please select our international package. Otherwise, you may select the domestic package.
Carol N. in Oakland, CA asks us
"My business is quickly expanding. How much will it cost to register in additional states?"
The Company Corporation charges a service fee of $125.00 plus state fees to help customers register in another state. Including state fees and Registered Agent service in the new state, most registration packages cost between $400 and $700. State fees vary, so contact us at 800-818-6082 (toll-free) or 302-636-5440 for an estimate.
Robert J. in Louisville, KY asks us
"Can The Company Corporation help me register my business in every state?"
Yes. The Company Corporation charges a service fee of $125.00 plus state fees for each registration filing. We provide this service in all 50 states and the District of Columbia. Contact us at 800-818-6082 (toll-free) or 302-636-5440 to start the process.
Christina B. in Grand Rapids, MI asks us
"I'm thinking about expanding my customer base into the neighboring state. What could happen if I do business in a state without officially registering?"
In some states, doing business before registering can result in fines and the inability to initiate a lawsuit in that state.
Jason M. in Sioux City, IA asks us
"Why do I need a Registered Agent?"
State law requires corporations and Limited Liability Companies (LLCs) to maintain a registered address for important legal documents.
Janet Q. in Avondale, PA asks us
"What does a Registered Agent do?"
A Registered Agent receives and forwards legal documents (called service of process) on behalf of a company. The Registered Agent must be available during all business hours to receive service of process.
William W. in Juneau, AK asks us
"I am at my place of business almost all of the time. Why can't I be my own Registered Agent?"
Most businesses choose a third party to act as their Registered Agent. This can help avoid the embarrassment of being served with legal paperwork in front of friends or neighbors. Also, The Company Corporation can always receive your service of process, even when you leave the office.
Meredith E. in Buffalo, NY asks us
"What is the difference between a resolution and a written consent?"
Resolutions and written consents refer to the same actions. A resolution typically occurs by vote at a meeting. A written consent documents the same action in writing and includes the signatures of everyone who would have voted.
Sam K. in Red Bank, NJ asks us
"Do all companies need resolutions?"
State governments don't require corporations and LLCs to file resolutions with the state. However, we recommend that companies use resolutions or written consents to reflect changes in the business.
Courtney B. in Ft. Lauderdale, FL asks us
"I would like to customize the document I have just received. How can I change the document that The Company Corporation sends to me?"
When you purchase a written consent from The Company Corporation, we forward the document to you by e-mail. You can make any changes to the document before printing and signing it.
George T. in Houston, TX asks us
"What is the difference between the TM symbol and the R in a circle?"
Businesses may only use the ® symbol if they have registered a trademark or service mark with the U.S. Patent & Trademark Office (USPTO). State and local laws govern use of the TM (trademark) and SM (service mark) symbols. Companies may use these two symbols without registering a mark at the federal level.
Harold R. in Boise, ID asks us
"How long does it take to register a federal trademark?"
Many factors affect how long it takes to file a trademark or service mark with the U.S. Patent & Trademark Office (USPTO). Generally, an applicant receives a filing receipt approximately three weeks after filing. The USPTO typically sends an official response within 6-7 months of submission. At this point, applicants may need to complete additional steps. From start to finish, federal trademark registrations may take a year or more.
Dan M. in Wilmington, DE asks us
"How long does a trademark remain valid?"
For a trademark to remain valid, owners must file certain maintenance documents with the U.S. Patent & Trademark Office (USPTO). As long as owners satisfy renewal requirements, federal trademark registrations remain valid for 10 years.
Albert S. in Jackson Hole, WY
"My business is small. Why do I need a Web site?"
Today's marketplace demands a vital Internet strategy. Many consumers leverage the Internet to help them determine the legitimacy of a small business. Without an effective Web presence, businesses also ignore opportunities to reach new customers. Additionally, an effective Web site can help build customer loyalty and trust.
John C. in Aurora, IL asks us
"Can I use my own URL?"
If you own an existing URL, we can use that address for your Web site.
Mortimer J. in Farmington, NM asks us
"I like updating information frequently for my customers. How can I make changes to my Web site? If I cancel the service, do I have to pay a cancellation fee?"
Your service plan includes most design modifications. Website Pros offers most simple modifications to update text and graphics free of charge. Website Pros charges no cancellation fees and does not require customers to sign contracts.
