Online incorporation service

[Mike V.]

I notice there are online incorporation services such as Legalzoom
quickinc, and Bizfilings. I'm sure there are more. Does anyone have
any personal favorites of such services?

Also, another question I have is that one of the services bundles in a
"corporate seal" with their incorporation service. Does one really
need a corporate seal from the very beginning? Can I get one
separately at a later date?

I want the cheapest possible filing service and don't want any premium
packages. I just need the FEIN.

Do people actually need a "registered agent" if the owner of the
corporation resides in the state? A registered agent is merely the
addressee of all legal documents, right? They don't necessarily
provide legal guidance besides just being an instate messenger, right?

Mike

[Gene E. Utterback, EA]

Online incorporation service

"Mike V." <[email protected]> wrote in message
news:[email protected]

I notice there are online incorporation services such as Legalzoom quickinc, and Bizfilings. I'm sure there are more. Does anyone have any personal favorites of such services? Also, another question I have is that one of the services bundles in a "corporate seal" with their incorporation service. Does one really need a corporate seal from the very beginning? Can I get one separately at a later date? I want the cheapest possible filing service and don't want any premium packages. I just need the FEIN. Do people actually need a "registered agent" if the owner of the corporation resides in the state? A registered agent is merely the addressee of all legal documents, right? They don't necessarily provide legal guidance besides just being an instate messenger, right? Mike

Incorporation rules are set by the state you wish to incorporation in. The
best thing you can do is to contact you State Department of Assessments and
Taxation or, if that is not available, the the Department of Licensing and
Regulation - please note that the actual names of these agencies may differ,
but you get the idea. They will be the ones to tell you exactly what the
"rules" are.

Here in MD you can incorporate yourself, though I wouldn't recommend it. MD
SDAT posts a fill in the blank for on its web site along with detailed
instructions about what they are looking for in each box. You can print it
out, fill it in, and mail it off with your check. In about 2 to 4 weeks you
will get your corporate documents back and will be incorporate - providing
you filled in all the blanks sufficiently. NOTICE I did not say correctly.
SDAT doesn't care if you did what you intended, just that they got
sufiicient info to issue the charter.

MD requires a resident agent. The RA MUST live in MD. This is done in case
the company needs to be sued for what it did in MD. A plaintiff usually has
the right to sue in the state in which he was harmed, so if you operate in
MD, then you should be able to be legally served in MD and for that you need
an RA. Many attorneys and incorporation services will offer to list
themselves as your RA but be careful about this if you don't need it. I had
a client several years back whose company was sued (wrongfully, the case was
eventaully dismissed) and the RA (the law firm that drafted the articles)
billed him for receipt of service.

A corporate seal is not something that is relied upon too heavily much
anymore, though it can be. These are not expensive - around $30 or so, so
don't get to caught up in one either way.

I would recommend you visit with a professional who can help answer your
incorporation questions so that you can make sure you incorporate correctly.
There are a myriad of things that a nonpro might miss. For example, in MD
if you form a Close Corporation you can elect to waive worker's compensation
coverage on officers and performing stockholders. And the filing and
registration fees can be impacted by the number of shares you authorize.

Lastly, you say you need an FEIN. You don't need to be a corporation to get
one of these. Are you sure you need to form a corporation to do what you
want to do?

Gene E. Utterback, EA

[Stuart O. Bronstein]

Online incorporation service

"Gene E. Utterback, EA" <[email protected]> blurted out

"Mike V." <[email protected]> wrote in message news:[email protected]

I notice there are online incorporation services such as Legalzoom quickinc, and Bizfilings. I'm sure there are more. Does anyone have any personal favorites of such services? Also, another question I have is that one of the services bundles in a "corporate seal" with their incorporation service. Does one really need a corporate seal from the very beginning? Can I get one separately at a later date? I want the cheapest possible filing service and don't want any premium packages. I just need the FEIN. Do people actually need a "registered agent" if the owner of the corporation resides in the state? A registered agent is merely the addressee of all legal documents, right? They don't necessarily provide legal guidance besides just being an instate messenger, right? Mike

Incorporation rules are set by the state you wish to incorporation in. The best thing you can do is to contact you State Department of Assessments and Taxation or, if that is not available, the the Department of Licensing and Regulation - please note that the actual names of these agencies may differ, but you get the idea. They will be the ones to tell you exactly what the "rules" are.

In California the Secretary of State deals with incorporations,
while the Department of Corporations deals with corporations already
in existence.

Here in MD you can incorporate yourself, though I wouldn't recommend it. MD SDAT posts a fill in the blank for on its web site along with detailed instructions about what they are looking for in each box. You can print it out, fill it in, and mail it off with your check. In about 2 to 4 weeks you will get your corporate documents back and will be incorporate - providing you filled in all the blanks sufficiently. NOTICE I did not say correctly. SDAT doesn't care if you did what you intended, just that they got sufiicient info to issue the charter.

California has forms on line that are simple to fill out.
Incorporating takes a one page form that requires little more than
filling in the name you want to use. Selecting a name can be the
most difficult part, though, since so many names are already taken,
and you can't have something confusingly similar to another
corporation.

MD requires a resident agent. The RA MUST live in MD. This is done in case the company needs to be sued for what it did in MD.

I think this is standard. But there is no reason the new
corporation's president or shareholder can't be the agent.

A corporate seal is not something that is relied upon too heavily much anymore, though it can be. These are not expensive - around $30 or so, so don't get to caught up in one either way.

At least in California there is no legal reason to have one. I
don't think that in 25 years of practice I've ever seen a situation
in which one was required.

Lastly, you say you need an FEIN. You don't need to be a corporation to get one of these.

Right. As you know, anybody can go to the IRS website, download
Form SS-4 and get one almost immediately.

Are you sure you need to form a corporation to do what you want to do?

Good question. The best person to talk to about that is your tax
professional (CPA or EA).

Stu