Learn how to prepare this fairly simple document with the help of a template.
Ready to start your business? Plans start at $0 + filing fees.
Excellent
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
Updated on: January 12, 2023 · 3 min read
One essential step in forming a corporation is to create articles of incorporation. To generate this legally required document, it is common to use a template. It's vital to understand the importance of this document and how to use a template to create one for your business.
In order to legally create a corporation, all states require that you file a document setting forth basic information about the business. This document is usually called articles of incorporation, although in some states it is called a certificate of incorporation or certificate of formation.
The articles of incorporation must contain the information required by the corporation laws of the state where the business will be incorporated. These requirements may be obtained from the state agency that regulates corporations—the name of which varies from state to state. In many states it is the secretary of state but in others, it may have another title, such as Corporations Division, Department of Commerce or Corporation Commission.
Articles of incorporation are only used for companies structured as corporations. If you've decided to structure your business as a limited liability company (LLC), use a template for articles of organization instead.
Your state's agency may have an articles of incorporation template, which may be available from its website, local office or by mail. By using the official template, you will be confident your articles comply with your state's laws. The agency's website may even allow you to fill out the template and file it online.
Templates are also available from numerous other online sources and sometimes from local office-supply stores. Templates can also be found in books available online, in local bookstores or at your local library. Just be sure that the articles of incorporation form satisfies your state's requirements. Even if the particular template indicates it is for your state, you should still check to be sure.
As noted above, the exact requirements for articles of incorporation are specified by state law. However, it is common for articles of incorporation to include the following:
Some states also require the articles to list the names and addresses of the initial board of directors. You may also need a special type of template if you are forming a nonprofit corporation.
Before filing articles of incorporation, be sure that the document is accurate. If you make a mistake, it can cost additional fees to file amended or restated articles of incorporation.
If one or more of the following apply, you may want to consider consulting a lawyer or tax professional to prepare your articles or review the ones you've prepared from a template:
In most cases, using an articles of incorporation template will work just fine and save you the cost of attorney fees.
You may also like
How to talk to your family about estate planning
Want to talk to your parents or grandparents about estate planning, but feel like the topic is taboo? You're not alone. Discussions about estate planning are difficult for many families. Use our tips to broach the subject with sensitivity.
May 17, 2023 · 2min read
How to Get an LLC and Start a Limited Liability Company
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
October 3, 2024 · 11min read
What Is a Power of Attorney (POA)? A Comprehensive Guide
A power of attorney can give trusted individuals the power to make decisions on your behalf—but only in certain situations.
August 29, 2024 · 20min read