LLC FORMATION OR INCORPORATION SERVICES

A Limited Liability Company (LLC) is similar to a corporation in that it is a business entity that is separate from the business's owners. An LLC is similar to a partnership with tax efficiencies and operational flexibilities.

A C Corporation is any corporation that is taxed separately from its owners. A C Corporation differs from an S Corporation, which is typically not taxed separately from its owners. A C Corporation is a popular legal structure for businesses that limits their owners’ financial and legal liabilities.

An S Corporation is a corporation created through an IRS tax election that elects to “pass-through” income, losses, credits and deductions to owners (aka – shareholders) for federal tax purposes. An S Corporation files taxes annually, but does not pay taxes at the business level because they are not subject to double taxation.

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HOW OUR SERVICE WORKS

1. DOCUMENT PREPARATION

Our specialists prepare your documents for filing with the appropriate government agency.

2. NAME AVAILABILITY CHECK

A check is conducted to ensure your desired name is available for registration with the state you are incorporating in.

3. FILING OF DOCUMENTS

Your documents are properly filed by our specialists with the appropriate government agency.

4. DELIVERY OF DOCUMENTS

We deliver your documents to you in a timely manner depending on which shipping option you prefer.

5. SECURE ONLINE STORAGE

We securely store your documents online so in the event you ever need them they are only a few clicks away.

6. ONGOING SUPPORT

Based on which package you select and what your needs are we can keep you informed to ensure you meet ongoing compliance requirements.

LLC FAQs

What is a Limited Liability Company (LLC)?
A Limited Liability Company (LLC) is similar to a corporation in that it is a business entity that is separate from the business's owners. An LLC is similar to a partnership with tax efficiencies and operational flexibilities. An LLC is a favored business structure by many because it avoids the "double taxation" of a corporation and it provides limited liability to its owners from business debts and obligations in most jurisdictions. All profits and losses are “passed through” the business to each member of the LLC, unlike shareholders of a corporation.
What all formal paperwork must be filed when forming an LLC?
When incorporating as a Limited Liability Company (LLC) the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your LLC so you can focus on what really matters, your business!
Is an Operating Agreement required to form an LLC?
No. In most states operating agreements are not required. However, when forming a multi-member LLC an operating agreement is recommended because it structures the LLC with financial and organizational details while providing rules and regulations making for smoother operations. Operating agreements typically include allocation of profits and losses, percentage of interests along with member’s rights and responsibilities. Express Form Filings does not currently offer operating agreements because they are typically custom-tailored to each LLC differently depending on number of members, state of incorporation, operational preferences, etc.
Who can form an LLC and are there any restrictions?
A few states require official members of an LLC to be at least 18 years of age. However, there are typically no restrictions on who can form an LLC.
Does an attorney have to be used to form an LLC?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire LLC formation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
How is an LLC taxed?
An LLC is typically taxed similar to partnerships, with pass-through taxation where the profits and losses are “passed-through” the business to the owner(s) tax return. Taxes due are paid at the individual tax level by the owner(s). An LLC may elect to be taxed as an S Corporation which in some cases can reduce self-employment taxes for the owner(s). Some states charge a franchise tax on LLCs of $100-$800 - depending on the state of incorporation. Franchise taxes are typically due on an annual basis and are required to be paid to keep the business compliant with state compulsory regulations. In some states, when franchise taxes are not paid this can result in the forfeit of your right to conduct business in the state of incorporation.
What is the organizational structure of an LLC?
An LLC can be organized with a couple of different structures. One structure allows an LLC to operate similar to a sole proprietorship or general partnership where the members (aka – owners) will make all management and business decisions. This structure is the most common for LLC owners. Another structure is where an LLC elects a set of managers who are not members of the LLC to make all management and business decisions. With this structure, an LLC operates similar to a traditional corporation where managers act as directors and owners act as shareholders. It should be stated in the Articles of Organization if an LLC is governed by managers/directors instead of members/owners.
What should I name my LLC?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name is that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require an LLC company name to end with “LLC” or “L.L.C.” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our LLC form. As part of our LLC formation service we offer unlimited company name availability searches in all 50 states.
Should I choose an LLC or an S Corporation?
Both an LLC and an S Corporation have pass-through taxation, but an S Corporation does not have as much flexibility as an LLC does when it comes to allocation of income to owners. An LLC can offer multiple classes of member interest or stock while an S Corporation has only a single class of stock. However, LLC owners are typically required to pay self-employment taxes. In terms of ownership, an S Corporation features much less lenient regulations compared to an LLC. An S Corporation is limited to 100 owners that must all be citizens of the United States. S Corporation owners typically do not have to pay self-employment taxes. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
How much does it cost for form an LLC using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to form your LLC. LLC formation fees differ from state to state. For more information visit our LLC Form
Are there any publication requirements for an LLC?
In certain states including Arizona, Nebraska, New York and Pennsylvania a notice of LLC business formation is required to be published in the local newspaper(s). In the state of New York an LLC is required to publish a notice of business formation in two New York newspapers and file a proof of publication with the Department of State within the first 120 days of formation. Failure to comply with the New York publication requirements for an LLC results in the company’s forfeiture to do business in the state. All LLC publication requirements are included in the LLC formation services offered by Express Form Filings.
Is an LLC required to have a Registered Agent?
Yes. An LLC is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How can I get started setting up my LLC today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to forming your LLC. Next, it is recommended that your LLC hold an organizational meeting with all members/managers present. In this meeting you will want to address topics including without limitation to: an operating agreement, issuance of membership interest/stock certificates and opening a business bank account. An LLC must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new LLC you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.
What is a Limited Liability Company (LLC)?
A Limited Liability Company (LLC) is similar to a corporation in that it is a business entity that is separate from the business's owners. An LLC is similar to a partnership with tax efficiencies and operational flexibilities. An LLC is a favored business structure by many because it avoids the "double taxation" of a corporation and it provides limited liability to its owners from business debts and obligations in most jurisdictions. All profits and losses are “passed through” the business to each member of the LLC, unlike shareholders of a corporation.
How many people do I need to form an LLC?
Only one person is required to form an LLC in any state. Optionally an LLC can have unlimited members.
What all formal paperwork must be filed when forming an LLC?
When incorporating as a Limited Liability Company (LLC) the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your LLC so you can focus on what really matters, your business!
Is an Operating Agreement required to form an LLC?
No. In most states operating agreements are not required. However, when forming a multi-member LLC an operating agreement is recommended because it structures the LLC with financial and organizational details while providing rules and regulations making for smoother operations. Operating agreements typically include allocation of profits and losses, percentage of interests along with member’s rights and responsibilities. Express Form Filings does not currently offer operating agreements because they are typically custom-tailored to each LLC differently depending on number of members, state of incorporation, operational preferences, etc.
Who can form an LLC and are there any restrictions?
A few states require official members of an LLC to be at least 18 years of age. However, there are typically no restrictions on who can form an LLC.
Does an attorney have to be used to form an LLC?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire LLC formation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
What should I name my LLC?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name is that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require an LLC company name to end with “LLC” or “L.L.C.” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our LLC form. As part of our LLC formation service we offer unlimited company name availability searches in all 50 states.
How is an LLC taxed?
An LLC is typically taxed similar to partnerships, with pass-through taxation where the profits and losses are “passed-through” the business to the owner(s) tax return. Taxes due are paid at the individual tax level by the owner(s). An LLC may elect to be taxed as an S Corporation which in some cases can reduce self-employment taxes for the owner(s). Some states charge a franchise tax on LLCs of $100-$800 - depending on the state of incorporation. Franchise taxes are typically due on an annual basis and are required to be paid to keep the business compliant with state compulsory regulations. In some states, when franchise taxes are not paid this can result in the forfeit of your right to conduct business in the state of incorporation.
What is the organizational structure of an LLC?
An LLC can be organized with a couple of different structures. One structure allows an LLC to operate similar to a sole proprietorship or general partnership where the members (aka – owners) will make all management and business decisions. This structure is the most common for LLC owners. Another structure is where an LLC elects a set of managers who are not members of the LLC to make all management and business decisions. With this structure, an LLC operates similar to a traditional corporation where managers act as directors and owners act as shareholders. It should be stated in the Articles of Organization if an LLC is governed by managers/directors instead of members/owners.
Should I choose an LLC or an S Corporation?
Both an LLC and an S Corporation have pass-through taxation, but an S Corporation does not have as much flexibility as an LLC does when it comes to allocation of income to owners. An LLC can offer multiple classes of member interest or stock while an S Corporation has only a single class of stock. However, LLC owners are typically required to pay self-employment taxes. In terms of ownership, an S Corporation features much less lenient regulations compared to an LLC. An S Corporation is limited to 100 owners that must all be citizens of the United States. S Corporation owners typically do not have to pay self-employment taxes. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
How much does it cost for form an LLC using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to form your LLC. LLC formation fees differ from state to state. For more information visit our LLC Form
Are there any publication requirements for an LLC?
In certain states including Arizona, Nebraska, New York and Pennsylvania a notice of LLC business formation is required to be published in the local newspaper(s). In the state of New York an LLC is required to publish a notice of business formation in two New York newspapers and file a proof of publication with the Department of State within the first 120 days of formation. Failure to comply with the New York publication requirements for an LLC results in the company’s forfeiture to do business in the state. All LLC publication requirements are included in the LLC formation services offered by Express Form Filings.
Is an LLC required to have a Registered Agent?
Yes. An LLC is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How many people do I need to form an LLC?
Only one person is required to form an LLC in any state. Optionally an LLC can have unlimited members.
How can I get started setting up my LLC today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to forming your LLC. Next, it is recommended that your LLC hold an organizational meeting with all members/managers present. In this meeting you will want to address topics including without limitation to: an operating agreement, issuance of membership interest/stock certificates and opening a business bank account. An LLC must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new LLC you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.

Corporation FAQs

What is a C Corporation?
A C Corporation is any corporation that is taxed separately from its owners. A C Corporation differs from an S Corporation, which is typically not taxed separately from its owners. A C Corporation is a popular legal structure that businesses that limits their owners’ financial and legal liabilities. A C Corporation is considered a separate entity from its owners. The double taxation of a C Corporation can be a drawback, but the ability to reinvest profits in the company at a lower corporate tax rate is considered by many an advantage. Most major companies in the United States are organized as C Corporations for federal income tax purposes.
What all formal paperwork must be filed when forming a C Corporation?
When incorporating as a C Corporation the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your C Corporation so you can focus on what really matters, your business!
Does an attorney have to be used to form a C Corporation?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire C Corporation incorporation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
What should I name my C Corporation?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name are that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require a C Corporation company name to end with “Company”, “Corporation” or “Incorporated” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our C Corporation form. As part of our C Corporation incorporation service we offer unlimited company name availability searches in all 50 states.
Who can form a C Corporation and are there any restrictions?
A few states require the directors of a C Corporation to be at least 18 years of age. However, there are typically no restrictions on who can form a C Corporation.
How is stock distributed in a C Corporation?
A C Corporation is unique because it can raise capital through the distribution of stock by selling ownership shares to the general public. In order for this to take place a C Corporation’s Articles of Organization must declare the number of shares with their par value that will be distributed initially. When the state of incorporation formally recognizes the number of shares, the company can then distribute the shares. A C Corporation can file a Share Amendment with the state of incorporation to change the par value and number of shares.
What is the stock “par value” of a C Corporation?
In a C Corporation “par value” is the minimum price issuance for a share of stock which is typically no value, $1 or $0.001. It is recommended to use a low par value instead of no par value because in certain states like Delaware it can result in higher franchise taxes using the Delaware Authorized Shares Method. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
What is the organizational structure of a C Corporation?
A C Corporation consists of three different leadership positions with each having unique roles and responsibilities. It is OK for an individual to serve in more than one of these three positions, including: Director – A director of a C Corporation is elected by the shareholders and makes important business decisions that will impact the company’s investors. A director also supervises the company’s officers in a C Corporation. Officer – Officers of a C Corporation are responsible for daily operations of the company. Shareholder – Shareholders of a C Corporation are the owners and are allowed to cast votes in director elections and other important company issues. Shareholders are not responsible for daily operations of the company.
In what state should I establish my C Corporation?
It is not required that a C Corporation incorporate in the “home state” where it is physically located. Several factors should be taken into consideration when choosing which state to form your C Corporation in. Two common factors typically considered include: cost of incorporating in “home state” versus cost of incorporating in another state and compulsory requirements and C Corporation taxes of the states being considered. It may be better to file in your “home state” if your company only operates in a small geographical area. Reason being, is several states require corporations that do foreign qualifications to pay more taxes and other fees which can put smaller companies at financial stress. However, for larger companies that include multiple shareholders and operate in a larger geographical area, a foreign qualification outside of the “home state” may be the preferred option. Tax and filing requirements vary from state-to-state so it may be best for your company to do a foreign qualification. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
How much does it cost to incorporate a C Corporation using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to incorporate your C Corporation. Incorporation filing fees differ from state to state. For more information visit our C Corporation Form
Are there any publication requirements for a C Corporation?
In certain states including Arizona, Nebraska, New York and Pennsylvania a notice of C Corporation business incorporation is required to be published in the local newspaper(s). In the state of New York a C Corporation is required to publish a notice of business formation in two New York newspapers and file a proof of publication with the Department of State within the first 120 days of incorporation. Failure to comply with the New York publication requirements for a C Corporation results in the company’s forfeiture to do business in the state. All C Corporation publication requirements are included in the C Corporation incorporation services offered by Express Form Filings.
Is a C Corporation required to have a Registered Agent?
Yes. A C Corporation is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How can I get started setting up my C Corporation today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to incorporating your C Corporation. Next, it is recommended that your C Corporation hold an organizational meeting with all board of directors present. In this meeting you will want to address topics including without limitation to: written by-laws, resolutions that establish the company’s financial accounts, officer appointment, distribution of all initial stock and documentation of these distributions in an official ledger which needs to be continually updated to record all stock transfers and opening a business bank account. With a C Corporation there may be state-specific requirements that must be observed during these processes. A C Corporation must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new C Corporation you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.
In what state should I establish my C Corporation?
It is not required that a C Corporation incorporate in the “home state” where it is physically located. Several factors should be taken into consideration when choosing which state to form your C Corporation in. Two common factors typically considered include: cost of incorporating in “home state” versus cost of incorporating in another state and compulsory requirements and C Corporation taxes of the states being considered. It may be better to file in your “home state” if your company only operates in a small geographical area. Reason being, is several states require corporations that do foreign qualifications to pay more taxes and other fees which can put smaller companies at financial stress. However, for larger companies that include multiple shareholders and operate in a larger geographical area, a foreign qualification outside of the “home state” may be the preferred option. Tax and filing requirements vary from state-to-state so it may be best for your company to do a foreign qualification. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
Is a C Corporation required to have a Registered Agent?
Yes. A C Corporation is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How can I get started setting up my C Corporation today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to incorporating your C Corporation. Next, it is recommended that your C Corporation hold an organizational meeting with all board of directors present. In this meeting you will want to address topics including without limitation to: written by-laws, resolutions that establish the company’s financial accounts, officer appointment, distribution of all initial stock and documentation of these distributions in an official ledger which needs to be continually updated to record all stock transfers and opening a business bank account. With a C Corporation there may be state-specific requirements that must be observed during these processes. A C Corporation must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new C Corporation you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.
What all formal paperwork must be filed when forming a C Corporation?
When incorporating as a C Corporation the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your C Corporation so you can focus on what really matters, your business!
Does an attorney have to be used to form a C Corporation?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire C Corporation incorporation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
Who can form a C Corporation and are there any restrictions?
A few states require the directors of a C Corporation to be at least 18 years of age. However, there are typically no restrictions on who can form a C Corporation.
How is stock distributed in a C Corporation?
A C Corporation is unique because it can raise capital through the distribution of stock by selling ownership shares to the general public. In order for this to take place a C Corporation’s Articles of Organization must declare the number of shares with their par value that will be distributed initially. When the state of incorporation formally recognizes the number of shares, the company can then distribute the shares. A C Corporation can file a Share Amendment with the state of incorporation to change the par value and number of shares.
What is the stock “par value” of a C Corporation?
In a C Corporation “par value” is the minimum price issuance for a share of stock which is typically no value, $1 or $0.001. It is recommended to use a low par value instead of no par value because in certain states like Delaware it can result in higher franchise taxes using the Delaware Authorized Shares Method. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
What should I name my C Corporation?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name are that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require a C Corporation company name to end with “Company”, “Corporation” or “Incorporated” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our C Corporation form. As part of our C Corporation incorporation service we offer unlimited company name availability searches in all 50 states.
How much does it cost to incorporate a C Corporation using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to incorporate your C Corporation. Incorporation filing fees differ from state to state. For more information visit our C Corporation Form
Are there any publication requirements for a C Corporation?
In certain states including Arizona, Nebraska, New York and Pennsylvania a notice of C Corporation business incorporation is required to be published in the local newspaper(s). In the state of New York a C Corporation is required to publish a notice of business formation in two New York newspapers and file a proof of publication with the Department of State within the first 120 days of incorporation. Failure to comply with the New York publication requirements for a C Corporation results in the company’s forfeiture to do business in the state. All C Corporation publication requirements are included in the C Corporation incorporation services offered by Express Form Filings.
What is the organizational structure of a C Corporation?
A C Corporation consists of three different leadership positions with each having unique roles and responsibilities. It is OK for an individual to serve in more than one of these three positions, including: Director – A director of a C Corporation is elected by the shareholders and makes important business decisions that will impact the company’s investors. A director also supervises the company’s officers in a C Corporation. Officer – Officers of a C Corporation are responsible for daily operations of the company. Shareholder – Shareholders of a C Corporation are the owners and are allowed to cast votes in director elections and other important company issues. Shareholders are not responsible for daily operations of the company.
What is a C Corporation?
A C Corporation is any corporation that is taxed separately from its owners. A C Corporation differs from an S Corporation, which is typically not taxed separately from its owners. A C Corporation is a popular legal structure that businesses that limits their owners’ financial and legal liabilities. A C Corporation is considered a separate entity from its owners. The double taxation of a C Corporation can be a drawback, but the ability to reinvest profits in the company at a lower corporate tax rate is considered by many an advantage. Most major companies in the United States are organized as C Corporations for federal income tax purposes.

S-Corporation FAQs

What is an S Corporation?
An S Corporation is a corporation created through an IRS tax election that elects to “pass-through” income, losses, credits and deductions to owners (aka – shareholders) for federal tax purposes. An S Corporation files taxes annually, but do not pay taxes at the business level because they are not subject to double taxation. In an S Corporation income and losses are divided among and passed through to shareholders who then report the income or loss on their individual income tax returns.
What all formal paperwork must be filed when forming an S Corporation?
When incorporating as an S Corporation the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your S Corporation so you can focus on what really matters, your business!
Who can form an S Corporation and are there any restrictions?
A few states require the directors of an S Corporation to be at least 18 years of age. However, there are typically no restrictions on who can form an S Corporation. However, there are some restrictions on ownership of an S Corporation when filing Form 2553 with the IRS to elect S Corporation status including: - All shareholders must consent in writing to the S Corporation election and be legal citizens of the United States - S Corporations can only have 100 shareholders - S Corporations can only distribute one class of stock
Does an attorney have to be used to form an S Corporation?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire S Corporation incorporation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.
What is pass-through taxation and how is it beneficial?
An S Corporation features pass-through taxation which means no corporate tax is paid on the company’s profits. Profits are instead “passed-through” to the owner and reported on their individual income tax return. An informational corporate tax return is filed for an S Corporation with the IRS using Form 1120S. The double taxation associated with a C Corporation is not a part of an S Corporation since it features pass-through taxation. This is regarded by many owners of an S Corporation as a tax benefit.
How is stock distributed in an S Corporation?
An S Corporation’s Articles of Organization must declare the number of shares with their par value that will be distributed initially. When the state of incorporation formally recognizes the number of shares, the company can then distribute the shares. An S Corporation can file a Share Amendment with the state of incorporation to change the par value and number of shares.
What is the stock “par value” of an S Corporation?
In an S Corporation “par value” is the minimum price issuance for a share of stock which is typically no value, $1 or $0.001. It is recommended to use a low par value instead of no par value because in certain states like Delaware it can result in higher franchise taxes using the Delaware Authorized Shares Method. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
How many directors are required to form an S Corporation?
Only one director is required to form an S Corporation in most states, but an S Corporation can have more than one director. In some states the total number of shareholders in an S Corporation is used to determine the minimum number of directors. So if the number of shareholders is 5, then the number of directors must be 5.
How much does it cost to incorporate an S Corporation using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to incorporate your S Corporation. Incorporation filing fees differ from state to state. For more information visit our S Corporation Form
Who can form an S Corporation and are there any restrictions?
A few states require the directors of an S Corporation to be at least 18 years of age. However, there are typically no restrictions on who can form an S Corporation. However, there are some restrictions on ownership of an S Corporation when filing Form 2553 with the IRS to elect S Corporation status including: - All shareholders must consent in writing to the S Corporation election and be legal citizens of the United States - S Corporations can only have 100 shareholders - S Corporations can only distribute one class of stock
What is an S Corporation?
An S Corporation is a corporation created through an IRS tax election that elects to “pass-through” income, losses, credits and deductions to owners (aka – shareholders) for federal tax purposes. An S Corporation files taxes annually, but do not pay taxes at the business level because they are not subject to double taxation. In an S Corporation income and losses are divided among and passed through to shareholders who then report the income or loss on their individual income tax returns.
What all formal paperwork must be filed when forming an S Corporation?
When incorporating as an S Corporation the application that must be filed with the state is referred to as the Articles of Incorporation (aka – Certificate of Incorporation). The Articles of Incorporation details basic information about the company, its owners and directors. Depending on which state you are incorporating your business in, there may be applicable state fees or taxes that are required to be paid. Express Form Filings can handle the entire filing process for your S Corporation so you can focus on what really matters, your business!
What should I name my S Corporation?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name are that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require an S Corporation company name to end with “Company”, “Corporation” or “Incorporated” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our S Corporation form. As part of our S Corporation incorporation service we offer unlimited company name availability searches in all 50 states.
What is pass-through taxation and how is it beneficial?
An S Corporation features pass-through taxation which means no corporate tax is paid on the company’s profits. Profits are instead “passed-through” to the owner and reported on their individual income tax return. An informational corporate tax return is filed for an S Corporation with the IRS using Form 1120S. The double taxation associated with a C Corporation is not a part of an S Corporation since it features pass-through taxation. This is regarded by many owners of an S Corporation as a tax benefit.
How is stock distributed in an S Corporation?
An S Corporation’s Articles of Organization must declare the number of shares with their par value that will be distributed initially. When the state of incorporation formally recognizes the number of shares, the company can then distribute the shares. An S Corporation can file a Share Amendment with the state of incorporation to change the par value and number of shares.
What is the stock “par value” of an S Corporation?
In an S Corporation “par value” is the minimum price issuance for a share of stock which is typically no value, $1 or $0.001. It is recommended to use a low par value instead of no par value because in certain states like Delaware it can result in higher franchise taxes using the Delaware Authorized Shares Method. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
How many directors are required to form an S Corporation?
Only one director is required to form an S Corporation in most states, but an S Corporation can have more than one director. In some states the total number of shareholders in an S Corporation is used to determine the minimum number of directors. So if the number of shareholders is 5, then the number of directors must be 5.
What is the organizational structure of an S Corporation?
An S Corporation consists of three different leadership positions with each having unique roles and responsibilities. It is OK for an individual to serve in more than one of these three positions, including: Director – A director of an S Corporation is elected by the shareholders and makes important business decisions that will impact the company’s investors. A director also supervises the company’s officers in an S Corporation. Officer – Officers of an S Corporation are responsible for daily operations of the company. Shareholder – Shareholders of an S Corporation are the owners and are allowed to cast votes in director elections and other important company issues. Shareholders are not responsible for daily operations of the company.
In what state should I establish my S Corporation?
It is not required that an S Corporation incorporate in the “home state” where it is physically located. Several factors should be taken into consideration when choosing which state to form your S Corporation in. Two common factors typically considered include: cost of incorporating in “home state” versus cost of incorporating in another state and compulsory requirements and S Corporation taxes of the states being considered. It may be better to file in your “home state” if your company only operates in a small geographical area. Reason being, is several states require corporations that do foreign qualifications to pay more taxes and other fees which can put smaller companies at financial stress. However, for larger companies that include multiple shareholders and operate in a larger geographical area, a foreign qualification outside of the “home state” may be the preferred option. Tax and filing requirements vary from state-to-state so it may be best for your company to do a foreign qualification. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
How much does it cost to incorporate an S Corporation using your service?
Express Form Filings charges a one-time fee plus applicable state filing fees to incorporate your S Corporation. Incorporation filing fees differ from state to state. For more information visit our S Corporation Form
Are there any publication requirements for an S Corporation?
In certain states including Arizona, Georgia, Nebraska and Pennsylvania a notice of S Corporation business incorporation is required to be published in the local newspaper(s). All S Corporation publication requirements are included in the S Corporation incorporation services offered by Express Form Filings.
Is an S Corporation required to have a Registered Agent?
Yes. An S Corporation is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How can I get started setting up my S Corporation today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to incorporating your S Corporation. Next, Form 2553 must be filed with the IRS to elect S Corporation status for your company. Express Form Filings can assist you within the filing of Form 2553 with the IRS. Additionally, it is recommended that your S Corporation hold an organizational meeting with all directors present. In this meeting you will want to address topics including without limitation to: written by-laws, resolutions that establish the company’s financial accounts, officer appointment, distribution of all initial stock and documentation of these distributions in an official ledger which needs to be continually updated to record all stock transfers and opening a business bank account. With an S Corporation there may be state-specific requirements that must be observed during these processes. An S Corporation must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new S Corporation you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.
What should I name my S Corporation?
Your company name is an important decision and we recommend you select a name that represents the image you want to promote. For example, we selected Express Form Filings, LLC because our company offers a document filing service and the name represents our image well. We recommend that you select a name that’s easy for your customers to remember. Important things to remember when choosing a company name are that the name must be unique and not too similar to other existing business names. Another requirement is that your company name cannot intentionally misrepresent the products or services you offer. Most states require an S Corporation company name to end with “Company”, “Corporation” or “Incorporated” as a signifier of your entity type. It is possible that your preferred company name will not be available in the state you are incorporating in and that’s why we ask you to provide us with a second name option on our S Corporation form. As part of our S Corporation incorporation service we offer unlimited company name availability searches in all 50 states.
What is the organizational structure of an S Corporation?
An S Corporation consists of three different leadership positions with each having unique roles and responsibilities. It is OK for an individual to serve in more than one of these three positions, including: Director – A director of an S Corporation is elected by the shareholders and makes important business decisions that will impact the company’s investors. A director also supervises the company’s officers in an S Corporation. Officer – Officers of an S Corporation are responsible for daily operations of the company. Shareholder – Shareholders of an S Corporation are the owners and are allowed to cast votes in director elections and other important company issues. Shareholders are not responsible for daily operations of the company.
In what state should I establish my S Corporation?
It is not required that an S Corporation incorporate in the “home state” where it is physically located. Several factors should be taken into consideration when choosing which state to form your S Corporation in. Two common factors typically considered include: cost of incorporating in “home state” versus cost of incorporating in another state and compulsory requirements and S Corporation taxes of the states being considered. It may be better to file in your “home state” if your company only operates in a small geographical area. Reason being, is several states require corporations that do foreign qualifications to pay more taxes and other fees which can put smaller companies at financial stress. However, for larger companies that include multiple shareholders and operate in a larger geographical area, a foreign qualification outside of the “home state” may be the preferred option. Tax and filing requirements vary from state-to-state so it may be best for your company to do a foreign qualification. In the event you have more specific questions regarding this topic you might want to seek the advice of an attorney or accountant.
Are there any publication requirements for an S Corporation?
In certain states including Arizona, Georgia, Nebraska and Pennsylvania a notice of S Corporation business incorporation is required to be published in the local newspaper(s). All S Corporation publication requirements are included in the S Corporation incorporation services offered by Express Form Filings.
Is an S Corporation required to have a Registered Agent?
Yes. An S Corporation is required to have a Registered Agent on file with the state of incorporation. A Registered Agent is also known as a Resident Agent or Statutory Agent and is a business or individual designated to receive formal correspondence between government agencies and your business such as service of process (SOP) when a business is involved in a lawsuit or summons. As part of the incorporation process, a business or individual must be named as the Registered Agent on file with the state. Typically, an individual acting as a Registered Agent must be a natural resident of the state or an entity that has a business office and is authorized to do business within the state in which the business is incorporated in. A Registered Agent must be available Monday-Friday from 9 AM – 5 PM during standard business hours. Our Registered Agent Service is available in all 50 states and ensures that all formal correspondence received on your behalf will be forwarded to your company upon receipt.
How can I get started setting up my S Corporation today?
Filing your company’s Articles of Incorporation (aka – Certificate of Incorporation) with the state you want to establish your business in is the first step to incorporating your S Corporation. Next, Form 2553 must be filed with the IRS to elect S Corporation status for your company. Express Form Filings can assist you within the filing of Form 2553 with the IRS. Additionally, it is recommended that your S Corporation hold an organizational meeting with all directors present. In this meeting you will want to address topics including without limitation to: written by-laws, resolutions that establish the company’s financial accounts, officer appointment, distribution of all initial stock and documentation of these distributions in an official ledger which needs to be continually updated to record all stock transfers and opening a business bank account. With an S Corporation there may be state-specific requirements that must be observed during these processes. An S Corporation must be sure to keep up with all compliance and compulsory requirements to maintain an active status with the state of incorporation. It’s important to remember that when opening your business bank account for your new S Corporation you’ll need to make sure you have the following documents, which the bank will require: Articles of Incorporation and a Federal EIN / Tax ID Number. Express Form Filings can assist you with obtaining a Federal EIN / Tax ID Number from the IRS. Please visit our Federal EIN / Tax ID Number FAQs section for more information.
Does an attorney have to be used to form an S Corporation?
No. An attorney is not required when starting a business unless the business owner(s) prefer to use one. Express Form Filings can assist you with the entire S Corporation incorporation process and save you a lot of time and money. In the event you are uncertain of which business structure is best for you, or have organizational or tax specific questions, you might want to seek the advice of an attorney or accountant.

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