What is the Articles of Incorporation form?
The Articles of Incorporation form is a legal document that establishes a corporation in the United States. It serves as a charter for the corporation and outlines key details such as the company name, purpose, registered agent, and the number of shares authorized for issuance. This document is typically filed with the Secretary of State in the state where the corporation is formed.
Why do I need to file the Articles of Incorporation?
Filing the Articles of Incorporation is essential for legally creating a corporation. This document provides your business with a distinct legal identity, protecting your personal assets from business liabilities. Additionally, it allows your corporation to enter into contracts, sue or be sued, and obtain financing.
What information is required in the Articles of Incorporation?
The Articles of Incorporation generally require the following information:
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The name of the corporation
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The purpose of the corporation
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The registered agent's name and address
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The number of shares the corporation is authorized to issue
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The names and addresses of the initial directors
Some states may require additional information, so it is important to check specific state requirements.
How do I file the Articles of Incorporation?
To file the Articles of Incorporation, you typically need to complete the form and submit it to the Secretary of State's office in your state. This can often be done online, by mail, or in person. Along with the completed form, you may need to pay a filing fee, which varies by state.
What is the cost of filing the Articles of Incorporation?
The cost of filing the Articles of Incorporation varies widely depending on the state. Generally, you can expect to pay anywhere from $50 to $500. Some states may also charge additional fees for expedited processing or other services.
Can I amend the Articles of Incorporation after filing?
Yes, you can amend the Articles of Incorporation after they have been filed. If changes are needed, such as altering the corporation's name or increasing the number of shares, you will need to file an amendment with the Secretary of State. This process usually involves completing a specific form and paying a fee.
How long does it take to process the Articles of Incorporation?
The processing time for the Articles of Incorporation can vary by state and the method of filing. Typically, if filed online, it may take a few business days. If submitted by mail, it could take several weeks. Expedited services may be available for an additional fee, allowing for quicker processing.
What happens after I file the Articles of Incorporation?
Once the Articles of Incorporation are approved, you will receive a certificate of incorporation from the Secretary of State. This document serves as proof that your corporation is officially recognized. After incorporation, you should also obtain an Employer Identification Number (EIN) from the IRS and comply with any ongoing state requirements.
Do I need a lawyer to file the Articles of Incorporation?
While it is not legally required to have a lawyer file the Articles of Incorporation, consulting with one can be beneficial. A lawyer can help ensure that the document is completed correctly, advise on compliance with state laws, and assist with any additional legal considerations for your corporation.
What are the consequences of not filing the Articles of Incorporation?
If you do not file the Articles of Incorporation, your business will not be recognized as a corporation. This means you will not receive the legal protections that come with incorporation, such as limited liability for personal assets. Additionally, operating a business without proper registration can lead to fines, penalties, and legal complications.