Certificate Of Incorporation - Incorporate Your Business
Learn the steps for your certificate of incorporation. Find out estimated costs and timetable for establishing your new business venture.
Qualifying You For A Certificate Of Incorporation
* Issued By Secretary Of State. Your certificate of incorporation is issued by the Secretary of State following review and acceptance of your filing documents. Typically your registered agent will advise and will deliver to you your certificate of incorporation, reflecting your newly acquired legal status to conduct business.
In the case of a Nevada certificate of incorporation amendment requirement, you or your agent will receive written notice of the additional required information.
Similarly, a New York certificate of incorporation is issued after you've made your election as to the form of incorporation that you've settled on. In this case, the New York State certificate of incorporation reflects your assessment of the various corporate structures to choose from including C corporations, Sub Chapter S Corporations, Close corporations or alternatively a limited liability company or llc incorporation.
* Registered Agent Works For You. Guiding you in your decision regarding the form of incorporation is your registered agent, which is a party required by law in most US states to have a physical presence in the state where you're seeking business incorporation.
Your registered agent is legally responsible for the delivery and administration of legal documents as may be issued by that state or perhaps the delivery of a certified copy of your article of incorporation to the state secretary's office for initial filing purposes.
In order to receive your Delaware certificate of incorporation, you'll need to either hire an agent with a physical presence in the state, or you can create such a presence with your company.
* Agent Handles Legal Claims Initially. As your business incorporation advisor, the registered agent also acts as agent for service of legal process, which may include receiving court or demand documents from a financial institution.
In the event that any citizen of a state files a claim against your business incorporation, then you are required through your registered agent to deliver a formal reply so as to satisfy minimal counter-party requirements necessary in most state courts or arbitration venues. Accordingly, your registered agent is identified in the public records and will be required to furnish certified as original certificate of incorporation documents to the courts or other venue.
* Remembering Key Filing And Administrative Dates. Most business incorporation registered agent firms offer a service to monitor your corporate calendar in order to anticipate and meet any then current filing obligations such as for tax related documents or for delivery of your NY certificate of incorporation to your banker in support of a credit application.
As your company incorporation documents become due, your registered agent will provide you with a pre-advice in order to give you adequate time to meet the statutory requirements of the document request such as the delivery of your article of incorporation to a court.
With your receipt of your New York State certificate of incorporation from your registered agent, you also preserve some level of anonymity since the registered agent is the "face" that persons in that state see in terms of actions and document requests or event court proceedings, In these circumstances, the registered agent will represent you even in civil actions where your firm might be sued, however your customers will not necessarily be informed that the defendant is you, thus preserving you from public embarrassment.
Your business incorporation registered agent will advise you of the timing of annual report or the requirement to file a Delaware certificate of incorporation form, or the requirement to pay a franchise tax or other tax even in advance in order to avoid paying penalties.
* Estimate Of Costs. To obtain a Delaware certificate of incorporation reflecting the completion of the company incorporation set-up process, you can budget on fees to your registered agent of between $200 - $600, which will include services such as a name search and reservation, creating and filing your business incorporation formation documents, securing a federal tax ID number and other expedited services.