Incorporate FAQ

Additional Website Sections With Specific Company Type Information Resources
Corporations                                   Limited Liability Companies
Corporation Information                      LLC Information
Corporation FAQ                               LLC FAQ

How long does it take to incorporate?
When you order an incorporation service with us, we process your order in the same day. Our customer service department verifies all of your information and will contact you if there are any necessary changes or items that need to be corrected. Once it has passed verification, it goes into our legal department for document preparation. You can choose to purchase Speed File, either same day, or 24 hour guaranteed processing of your order. Your documents will be drafted and shipped to the correct Secretary of State branch office within the time period you chose. Typically this time period is 3 business days. Once your documents are with the state office, it is a matter of your state's processing times. With the state, you can choose standard or expedited filing. All estimated state filing times can be seen here state incorporation filing times (these subject to change). The documents are then recorded with the state office and shipped back to Abstract At this time your order is processed by our shipping department and any additional products or services are included, such as ordering your corporate kits and seals, IRS document preparation and bank accounts. You will receive your complete incorporation package via priority mail or overnight, depending on the services you selected.

Order processing time + State processing time + Shipping processing time (1 day)

What is the fastest way to incorporate?
When you incorporate with Abstract you can choose to Speed File your order with either same day processing, or 24 hour. This means your documents are guaranteed to be prepared and shipped to the appropriate state office for recording within that time period. Upgrades start at $150 and are available through our customer service department. When you select our complete package (recommended) we will upgrade your shipping options to priority overnight to the state and to you. Your state filing can be upgraded to expedited saving you time with the state processing. Once filed and received, your documents are prepared and shipped directly to you overnight. In general, the state office will consume the majority of the overall processing time. By decreasing the time for preparation, shipping and order processing with Abstract Law.Com, you can save up to 10 business days. The fastest way to incorporate is the Complete incorporation package with a Speed File upgrade.

How can I speed up the time to incorporate?
There are many ways to save time with your incorporation order. Overnight delivery service to the state office and to you is a quick way to reduce the transit time of your documents. Expediting your order with the state office will reduce the state filing time. Purchasing a Speed File upgrade will guarantee that your order is processed and shipped to the state office within the time period you chose, either same day or 24 hours, guaranteed. Our complete package includes priority shipping and expedited state filing.

What happens after I place my incorporation order?
When you incorporate with Abstract, we receive your order either via online or through our customer service department. All of your information is verified for accuracy and completeness and will go to our legal department. First the name you chose to incorporate is checked for availability with your state's office. If it isn't available we

Can I incorporate without an attorney?
Yes. Abstract is a legal document preparation service specializing in incorporating and forming new business entities, primarily, Corporations, Limited Liability Companies and Limited Partnerships, among others.

Do I need an EIN Number to incorporate?
No. You do not need an EIN number before incorporating. In some cases you can use an existing EIN number if it is for the same business and attained prior to incorporation. Companies Incorporated can prepare your EIN application, or obtain your EIN number for you. You will need an EIN number to open a bank account for your incorporated business.

Do I need a business license if I am incorporated?
Possibly. You should check with your county and/or city for local statutes on businesses. Some business types and local governments will require a business license or additional certificates or permits to operate your incorporated business.

Does my state have any special requirements to incorporate?
Possibly. Some states require publication, which means that a short notice in a newspaper needs to publicize the incorporation of your business. Abstract Law.Com handles this and any special requirements in your state for all of its clients.

What if my company name is already incorporated?
When you order an incorporation service, you will choose an entity name and identifier. The identifier follows your name and is generally, "corp", "corporation", "inc", "llc", "limited liability company", etc. If at any time your first entity name and identifier is unavailable, we will use your first alternate choice and continue until the name is available with your state. Our customer service department will call you to confirm any changes to your incorporation order before they are made.

Do I have to issue stock after incorporating?
Issuing stock is a formality with corporations. In order to be fully compliant with all of the operating formalities, issuing stock is a necessary procedure. There are many ways to issue stock and it can be issued to individuals, other organizations and corporations. You should check with your financial planner or legal advisor on the types of stock that can be issued, the amounts of authorized shares and their value and how it could affect your tax scenario. Abstract includes stock certificates with complete packages with all of its incorporation orders.

What comes with my incorporation package?

What documents are filed to incorporate?
In order to incorporate the simplest form would be a business entity being recorded within the state where the majority of business is conducted. In this case, only the Articles of Incorporation (Corporations) or Articles of Formation (LLC or LP) are filed and recorded with your state's office are necessary to incorporate. In some cases the state of incorporation is not where the majority of business is conducted, where the articles are filed with the state of incorporation and a foreign qualification is filed with the state(s) where business is being conducted. In order to file for a foreign qualification, certified copies of the original articles and a certificate of good standing are required to complete the process.

Are there any IRS documents to file when incorporating?
No. The IRS doesn't require any documents to incorporate. If you chose a different tax status, such as "Sub Chapter S Election" then your IRS form 2553 needs to be filed within the time period for new businesses with the IRS. These tax status changes should be conducted with your financial planner or accountant. Abstract includes completed tax forms for you with complete incorporation packages and you can choose to file those and change your tax status with the IRS.

Can I incorporate in one step?
Yes. From a consumer stand point, once you order with Abstract, you will receive status updates on your order every step of the way and your entire document package will arrive in one delivery. There are many documents to prepare and agencies to communciate with, Abstract Law.Com handles all of this for you, so our customers are incorporated in one fast and easy step.

What else do I need to remember when incorporating?
When you place your incorporation order, it is wise to let your accountant or financial planner know the details of your decision so that any tax planning changes can be handled at the conception of your new business. It is also important to know and understand your state's operating formalities with your entity type. All states require, by law, that corporations hold meetings of the shareholders, at least, on an annual basis. Minutes of these meetings are supposed to be kept, not filed, but recorded and available should you need them. Each year, you will have to file a statement of information, or annual report with your state office noting any changes to the entity record, addresses, officers, directors, registered agent, etc. Keeping an address on public record (a designated registered agent) is also required to remain in good standing with your state office. Paying the correct taxes on time is another important consideration and should be handledwith your accountant so that you don't incur any penalties with your new business.

Corporate structure and incorporating, can I change it?
Yes. You can always make changes to your incorporated business. In some cases, it is a matter of legal documentation, or operating agreement changes (LLC), and other actions require a filing of an Article of Amendment with your state office, such as changing of the company name, adding or removing officers and directors, changing the authorized shares or par value of your stock (Corporations). Abstract can file your articles for any reason within 1 business day.

What are bylaws when incorporated?
Bylaws are important because they specify how the company is operated. It outlines rights and power distribution among the officers or managers. Bylaws are not filed with a state office and can as simple or complex as you make them. Entity types differ with the bylaws and LLC and LP use operating agreements, which are very similar. You can make your company easy to run and manage as well as identify, how it will be run and managed through bylaws. What fiscal year, how meetings are held, how many directors and their qualifications, how your bylaws are amended and how to keep proper corporate books.

If incorporated, do I still need a D.B.A.?
Possibly. When this comes into play is when you receive money, for the most part. A D.B.A. (doing business as) is a method of identifying your business through a recorded name, even if your incorporated name is different. For example if your incorporated name is California Computer Repair, Inc and you are doing business as, then you will need a D.B.A. to deposit funds received paid to Essentially you have two recorded names for a business. You can D.B.A. a corporation or LLC just as you would an individual.

Where can I find additional information?
Abstract offers the most free information on the Internet for incorporating. You can browse our services and entity specific information here:

Corporation Information  |  LLC Information  |  Incorporation Services

What do I need to open a bank account after I incorporate?
In order to open a business bank account, you will need your filed and recorded Articles of Incorporation and your issued Federal Employer Identification Number from the IRS. Plus any initial deposit amount.