
By Douglas Wade, Attorney
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When you are starting a business, incorporating a business many benefits. There are some steps involved in incorporating a business, which you can do with or without the help of a California business incorporation lawyer. On this page, our incorporation attorney explains the benefits of incorporating a business in California. Also, you will learn the difference between a LLC vs S corp California. When you’re ready and asking for “a lawyer to incorporate my business”, we invite you to contact our incorporation attorney.
Benefits of Incorporation
The main benefits of incorporating are:
- You will not be personally liable for your business
- Personal tax breaks
- Deductions on your personal life insurance and health insurance
- You can sell shares in the company to raise capital
- Your company will be taken seriously
- Your company will be in a good position for expansion
- Ownership is easily transferred if you sell
How to Incorporate Without the Assistance of an Incorporation Attorney
There are two methods to incorporate by yourself:
- Fill out the necessary documents and file them yourself with the state
- Use an online filing service which will handle the filings for you.
- More information at California Secretary of State, California Business Incorporation.
- More information: https://www.incorporate.com/learning-center/california/
Steps to Incorporate Yourself
If you are planning to incorporate without the assistance of a lawyer, here are the steps you will need to take:
- Select a name for your corporation. Do a name search through the Secretary of State’s Office and Federal Trademark Databases to ensure the name has not already been taken. Some states allow you to put a hold on the name while you file the paperwork.
- Draft your articles of incorporation and file it with the Secretary of State’s Office. There is a fee for this, but it varies by state.
- Select a board of directors for your corporation.
- Designate a registered agent who lives in the same state as your business and can receive legal notices and processes on behalf of your corporation.
- Create the bylaws for your corporation.
- You can issue stock in your corporation (optional).
- File your business license if applicable in your state. The fees for this will vary by state.
- Obtain an Employer Identification Number from the IRS so you can hire employees and file taxes.
Why Do I Need an Incorporation Lawyer?
We have incorporated hundreds of California businesses. People hire our incorporation lawyers because we are experts. We incorporate businesses every single day and know the process inside and out.
We charge reasonable fees for our time and expertise, unlike the exorbitant fees of other attorneys. You will receive a comprehensive incorporation package that will ensure your company has a strong limited liability protection.
Our comprehensive incorporation packages include:
- A 30 minute consultation where we explain the incorporation process, the difference between a corporation and an LLC, and if an S-corporation or C-corporation will suit you best.
- We will provide you with an incorporation questionnaire so we can ensure the name of your corporation is available, and we can prepare the incorporation documents.
- We will prepare and file the articles of incorporation.
- We will prepare the resolution of the incorporator.
- We will prepare a customized 30-page bylaws document to assist you with managing your new corporation.
- We will prepare an Organizational Minutes of 10 pages or more.
- We will prepare the minutes of the first shareholder’s meeting
- We will prepare the IRS Form SS-4 so you can obtain a federal taxpayer identification number and open a bank account.
- We will prepare IRS Form 2553 S-Election.
- We will prepare the information statement of officers and directors and file it with the Secretary of State within the required 90 days.
- We will prepare letters from each shareholder requesting their issuance of shares.
- We will prepare the issued stock certificates.
- We will prepare the corporations stock ledger if you have unknown initial shareholders.
- We will prepare and file the commissioner notice of transaction within the required 15 days.
- We will provide a 15-page letter to advise you of the laws relevant to your corporation and instructions on how to maintain limited liability protection.
- We will provide a corporate minute book with 10 stock certificates and a corporate seal.
Have a quick question? We answered nearly 2000 FAQs.
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