How Do I Incorporate My Business?

If you own a business, you know that one of the
most important aspects of success is the continued1. Determine where you wind to file for incorporation.
growth of your company. Long-term success andIf you're a small- to medium-sized company, you'll
viability are often dependent on your company'sprobably want to incorporate in the state in which
ability to expand and control more of the marketyou do the majority of your business. Many large
share, becoming more integral and profitable in thecorporations file for incorporation in states that have
process. Chances are, you've already thought aboutparticularly beneficial laws, such as Delaware and
incorporation and investigated some of the benefits.Nevada, although this will present more problems than
But it's a big step, and you may have cold feet aboutbenefits for smaller companies.
it. After all, you may be worried about losing control2. Sign a pre-incorporation agreement with any other
of the company you founded to stockholders.founders of the company. This document will set
However, most of the biggest, most profitableguidelines for your business, establishing a board of
companies in the world are corporations, and that'sdirectors and determining how many shares will be
probably enough to make you curious.for sale, or in closely held corporations, who gets
The Benefits to Incorporationhow many shares.
Incorporation has a number of benefits to your3. File with the Secretary of State's office for the
company. First of all, it allows your business toname under which you want your corporation to do
generate income by selling shares of stock on thebusiness. If the name is already taken, you will be
market (assuming you have a publicly tradednotified.
corporation). Corporations also have several tax4. Prepare and sign the articles of incorporation for
benefits; S corporations, for example, do not payyou business, which will make official the governing
taxes. Additionally, corporations have limited liability torules of your company. It is a good idea to work
their investors, and have the ability to sue or be suedwith a business lawyer during this stage, as they will
in their own name.ensure the legality of the document.
Steps to Incorporation5. Hold a stockholders' meeting to establish bylaws
If you're interested in incorporating your company,and a board of directors.
you'll need to follow these steps: