Frequently
Asked Questions Regarding Incorporation
What is a registered agent and why
do I need one?
State
laws require that a location that is open and staffed during business
hours be designated in the state of incorporation to receive and
forward official documents from the state of service of process
and other legal notifications. Also a registered agent will forward
franchise tax reports to your corporation.
Can we appoint our own registered
agent?
Yes.
Incorporate USA / Financial Foundations, Inc. will appoint, who
the applicant is as the registered agent for the corporation you
wish to form. Incorporate USA currently does not charge for registered
agents fees if the client is the registered agent. In order to be
appointed as your own registered agent and avoid potential charges
you must sign off an acceptance letter as the registered agent and
must have an address of record in the state you wish to incorporate
in, if no address is available we will assist you in obtaining an
address with our "Suite Vendors", the cost is generally
$15.00 to $20.00 per month with mail forwarding. This process is
required in most states and generally will take an extra day or
two to process the corporation filing.
If
you are planning on incorporating in a state other than the state
you plan on holding a physical office, the registered agents fee
is $125.00 per year. This is most common for Delaware and Nevada
corporations. However, if you have an individual that resides in
the state you are planning to incorporate in and they agree to act
as your resident / registered agent, you can then avoid the fee.
Of course, this person or entity will have to sign the resident
/ registered agent acceptance.
Must
a corporate name have a suffix?
Yes.
The corporate name you choose must include a suffix, either spelled
out or abbrieviated, examples are Incorporated (INC), Corporation
(CORP), Professional Association (PA)(P.C. in some states), or Limited
Liability Company (LLC). When completing the incorporation request,
please indicate your choice.
What is the difference between an
"S" corporation and a "C" corporation?
An
"S" corporation is a very attractive entity. Available
to small companies (up to 75 shareholders, all of whom must be citizens
or residents of the U.S.), it provides the benefits of incorporation,
while eliminating "double taxation." Rather than being
taxed at the corporate level, profits and losses (pass through in
accounting terms ) are included in your personal return (claiming
business losses can reduce your personal tax bill, especially in
the "start-up" year, and possibly the second and third
fiscal year of the company). These extra tax advantages are not
available to shareholders in a regular "C" corporation.
An "S" corporation though can only issue one class of
stock. Incorporate USA can apply for "S" status for your
company and does not currently charge for completion of the form.
If we incorporate in another state
than the state we are doing business, must we file with the state
we are actually conducting business in?
Yes.
Legally, you must file with any state your are doing business in.
If you file a corporation in Nevada due to the state's non-taxable
corporate status, you must file within the state you are actually
doing business in. This process for most small businesses generally
result in additional charges. The process of filing as a sub-chapters
"S" corporation and filing in a "corporate tax free
state" will still result in the profits or losses passing to
the shareholder's personal tax return, thus defeating the purpose
of a tax free status. Your decision of Incorporating in another
state should be thought out very carefully.
How
many directors and officers does the corporation need to have?
Generally,
only one director and or officer has to be appointed with the Articles
or Certificates of Incorporation. However, some states vary in these
requirements, but usually require no more than three. Requirements
for LLC's (Limited Liability Companies) vary by state.
How soon will I have a Tax ID number
or Federal ID Number for the corporation?
For
most corporations, in most states, Incorporate USA will have a Tax
ID (FEIN) within 24-48 hours. In some cases, the internal revenue
service will only handle request via FAX, if this is the case with
your IRS servicing center, we will have your tax id number withing
5-7 working day. The fee for tax ID Serivce is currently $55.00.
How
many shares of stock do we need to authorize and at what par value?
Incorporate
USA / Financial Foundations, Inc. automatically AUTHORIZES 1000
shares of stock for all incorporating request. The amount of authorized
shares depends on what the plans of the company are, i.e. if you
plan on going public or have a private offering to individuals in
the future. You should certainly consult with your business planner,
CPA, or Attorney to determine how many shares to authorize. We place
a par value of $1.00 on all shares. These amounts can be what you
and your partners request. You must email us to request different
values.
What is EconoCorp?
EconoCorp
is a Service provide by Incorporate USA, Financial Foundations,
Inc. in which we will only file your articles of Incorporation...the
rest is up to you. You take care of your minutes, bylaws, stock
certificates,corporate handbook, corporate seal, ein number, and
sub-chapter s filing.
What's the difference between Authorized
and Issued Shares of Stock?
Authorized
is the amount of stock that a company is approved to issue. Issued
stock is stock that has been issued to an entity, be it a person,
business, or certain types of trust. Stock must be issued for capitalization
in most states, unless the corporation is a non-stock company or
entity that has members or no stock authorization at all. These
types of corporations are generally NOT FOR PROFIT.
Does one stock certificate represent
one share of stock?
It
can, however, one stock certificate can represent millions of shares
of stock up to the amount authorized, as stated on the or in the
Articles or Certificate of Incorporation.
Is there a fee for name reservations?
Yes.
In most states the fee is generally between $20.00 and $50.00. Call
and we will assist you in reserving the name.
Are there any additional cost than
what's on the homepage of Incorporate USA?
Yes,
if you choose options of expedite service, overnight service, if
you are located out of the country, and if you do not have an address
in the state you are incorporating. Call us for a complete quote
or Print the Client Worksheet to figure your exact cost.
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