How to Form a Corporation: explained.
Step-by-step Corporation formation in any state. Below: the key questions answered, when this matters, and how to act inside your BOS.
Common questions.
How do I form a corporation?
You choose a state, pick an available name, file articles of incorporation, appoint a registered agent, adopt bylaws, issue stock, and get an EIN, then handle any S-corp election and ongoing compliance. It has more steps than an LLC. We handle the incorporation so your corporation is set up correctly.
What do I need before incorporating?
A business name, the state, a registered agent, the initial directors and officers, and decisions about stock, so there is a bit more to prepare than for an LLC. We flag what you need and gather it so your incorporation goes through cleanly.
Which state should I incorporate in?
Usually the state where you operate, though startups raising venture capital typically incorporate in Delaware for its established corporate law and investor familiarity. We flag whether your plans point to Delaware or your home state so you incorporate where it fits. See incorporation.
Do I need bylaws and a board?
Yes: a corporation adopts bylaws, appoints a board of directors, and issues stock as part of forming and operating, and maintaining these formalities helps preserve liability protection. We provide bylaws and flag the governance steps so your corporation is properly set up.
How do I issue stock?
After incorporating, the corporation issues shares to founders and any investors, recorded on the cap table, so ownership is documented. We help set up the initial stock issuance and cap table so ownership is clear and investor-ready from the start.
Should I elect S-corp status?
Maybe: a corporation can elect S-corp treatment to pass income through and avoid double taxation, which suits some small corporations but not those planning to raise venture capital. We flag whether the election fits so your corporation is taxed in the way that suits your plans.
What do I do after incorporating?
Get an EIN, adopt bylaws, issue stock, open a bank account, handle licenses, and set up ongoing compliance and any S-corp election, so the corporation is ready to operate. We flag the full checklist so your corporation is not just formed but functional and compliant.
How long does incorporation take?
It varies by state, from a few days to a couple of weeks, with expedited options in many states, so timing depends on where you incorporate. We flag realistic timing and can pursue expedited processing where you need to move quickly.
Can File.Business form my corporation?
Yes: we check your name, file the articles of incorporation, provide the registered agent and bylaws, obtain the EIN, set up the cap table, and handle any S-corp election, so your corporation is formed correctly and ready to operate.