First 30 days. Critical action items.
The first 30 days after incorporation are the most consequential. Three deadlines matter: EIN (no specific deadline but blocks everything downstream), 83(b) election (30 days from grant of restricted stock), and BOI (30 days from formation for new entities). Plus the foundational actions: bank account, bylaws/OA adoption, founder stock issuance, initial resolutions. This guide walks through the specific actions.
Start here.
30-day window from grant of restricted stock. Missing it = six-figure mistake if stock appreciates.
30-day window for entities formed 2024+. Penalty $500/day.
No deadline; blocks bank account opening and downstream actions. File ASAP.
Issue at incorporation; tied to 83(b) timing.
Required for liability shield (no commingling).
The full picture.
Day 1-3: Apply for EIN
US founders with SSN: apply online at irs.gov/EIN. Same-day issuance. Foreign founders: file paper Form SS-4 by fax. Typical 1-3 weeks.
Day 1-5: Issue Founder Stock
Stock Purchase Agreements signed. Each founder pays par value (e.g., $0.0001/share) for their shares. Track in cap table.
Day 1-30: File 83(b) Elections
Within 30 days of receiving restricted stock. File with IRS Service Center where you would file your tax return. Mail certified return receipt. Keep copy and proof of mailing.
Day 5-15: Open Business Bank Account
Documents needed: EIN letter, formation documents, IDs, operating agreement (LLC) or bylaws (corp). Mercury, Relay, or traditional banks.
Day 5-15: Adopt Bylaws / Operating Agreement
Adopt at first board meeting (corp) or in writing (LLC). Sign and store.
Day 5-15: File Initial Resolutions
Initial board resolutions (corp): bylaws adoption, officer election, stock issuance, banking authorization. Initial member resolutions (LLC): operating agreement adoption, manager appointment if applicable, banking authorization.
Day 5-30: File BOI with FinCEN
For entities formed 2024+: within 30 days of formation. Submit to FinCEN online. Penalty $500/day for non-compliance.
Day 10-30: IP Assignment
Founders assign all relevant pre-existing IP to entity. Built into Founder Stock Purchase Agreement or standalone.
Day 15-30: Initial Compliance
Sales tax registrations if selling taxable goods. State employer registrations if hiring. Industry-specific licenses.
Common 30-Day Mistakes
Skipping 83(b) (30-day window cannot be extended). Skipping BOI (penalties accrue daily). Operating without business bank account. Founder stock issued without written Stock Purchase Agreement.
Common questions.
What should I do right after incorporating?
Why is the first 30 days important?
Do I need an EIN right away?
When should I open a business bank account?
Do I need an operating agreement or bylaws first?
What licenses do I need to handle early?
What ongoing compliance should I set up?
Do I need to worry about BOI reporting?
Can File.Business handle my post-formation setup?
Founder-ready foundation.
Form your entity, get the EIN, set up banking, manage the cap table, file BOI. All in one place.
Educational guide. Specific situations require professional legal and tax advice.
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