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Articles of Incorporation - Customized for Each State

Common mistakes

  1. Incorrect Business Name: Many individuals fail to ensure that the business name they choose is unique and not already in use. This can lead to delays or rejections.

  2. Missing Registered Agent Information: Some forget to provide accurate details about the registered agent. This person or entity is crucial for receiving legal documents on behalf of the corporation.

  3. Improper Purpose Statement: A vague or overly broad purpose statement can cause confusion. Clearly defining the business purpose is essential for compliance.

  4. Inaccurate Incorporator Information: Failing to provide correct information about the incorporators can result in processing issues. Each incorporator must be listed accurately.

  5. Omitting Initial Directors: Some people forget to include the names and addresses of initial directors. This information is vital for establishing governance.

  6. Not Specifying Stock Structure: Neglecting to detail the stock structure can create problems later. It's important to indicate the number of shares and their classes.

  7. Failure to Sign and Date: A common mistake is not signing or dating the form. Without these, the application is incomplete and cannot be processed.

Learn More on This Form

  1. What are Articles of Incorporation?

    Articles of Incorporation are legal documents that establish a corporation in the eyes of the state. They outline the basic details about the corporation, including its name, purpose, and the number of shares it can issue. Filing these articles is a crucial step in forming a corporation.

  2. Why do I need to file Articles of Incorporation?

    Filing Articles of Incorporation is necessary to legally create your corporation. This document provides your business with a separate legal identity, which can protect your personal assets from business liabilities. It also allows you to conduct business, enter contracts, and secure financing under the corporation's name.

  3. What information is required in the Articles of Incorporation?

    The Articles of Incorporation typically require the following information:

    • The name of the corporation
    • The purpose of the corporation
    • The registered agent's name and address
    • The number of shares the corporation is authorized to issue
    • The names and addresses of the incorporators

    Providing accurate and complete information is essential for the approval of your filing.

  4. How do I file Articles of Incorporation?

    To file Articles of Incorporation, you must complete the form specific to your state and submit it to the appropriate state agency, usually the Secretary of State. This can often be done online, by mail, or in person. Be prepared to pay a filing fee, which varies by state.

  5. How long does it take to process Articles of Incorporation?

    The processing time for Articles of Incorporation can vary by state. Generally, it can take anywhere from a few days to several weeks. Some states offer expedited processing for an additional fee. It's advisable to check with your state’s Secretary of State office for specific timelines.

Misconceptions

Many people have misunderstandings about the Articles of Incorporation form. Here are six common misconceptions:

  1. It is only for large businesses. Many believe that only big companies need Articles of Incorporation. In reality, any business, regardless of size, can benefit from incorporating. This legal structure can provide personal liability protection and other advantages.
  2. Filing Articles of Incorporation guarantees success. While incorporating can provide benefits, it does not ensure that a business will succeed. Success depends on various factors, including market demand, management, and strategy.
  3. Once filed, Articles of Incorporation cannot be changed. Some think that the information in the Articles is set in stone. However, businesses can amend their Articles if necessary, allowing for flexibility as the business evolves.
  4. All states have the same requirements for Articles of Incorporation. This is not true. Each state has its own rules and requirements for filing. It's important to check the specific regulations in your state to ensure compliance.
  5. Articles of Incorporation are the same as a business license. Many confuse these two documents. Articles of Incorporation establish the existence of a corporation, while a business license is a permit that allows a business to operate legally in a specific location.
  6. Incorporation is too expensive and complicated. While there are costs involved, incorporating can be affordable, especially when considering the long-term benefits. Many resources are available to help simplify the process, making it accessible for many entrepreneurs.