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Additional Information:
Incorporate
in Delaware
Requirements
and Fees for USA Company Formation
INCORPORATION:
At IBCF, we can prepare and file your Articles
of Incorporation - either a standard charter
or as custom as you please - in any state or
province within a few days. Of course, if you
are prepared to take full advantage of those
states which allow (and charge for) expediting
and which accept fax transmission of your documents,
we can do it in a matter of hours! Our experience
will translate into savings in both time and
money.
Unlike many other countries, in the United
States, corporations are created not under national
law but under the law of an individual state.
Incorporating in Canada is similar; corporations
are usually created under the law of a given
province. However, Canada differs in allowing
Federal (or Dominion) corporations as well.
When a corporation seeks to "do business"
in a state other than the one in which it was
created, it is treated as a foreign corporation
and must "qualify" to do business,
generally by filing an Application for Authority.
At IBCF, in addition to creating your corporation,
we can prepare and file your qualification documents
as well and serve as your registered agent in
every state from Alabama to Wyoming. And in
every Canadian province from Alberta to the
Yukon!
Among the most popular jurisdictions for incorporation
in the United States are New York, California,
Florida and New Jersey, generally because they
represent major population centers. Delaware,
Nevada and Wyoming all have major corporate
populations due in large part to the fact that
they do not seek to tax income earned outside
of their borders. As a matter of fact, more
than 50% of the companies traded on the New
York Stock Exchange are incorporated in Delaware.
We can also assist you in obtaining IRS forms
such as an Application for an Employer Identification
Number and the Election to be treated as an
S Corporation (formerly known as Subchapter
S Corporations.)
LIMITED LIABILITY COMPANIES:
As with corporations, we can file your LLC documents
anywhere! Since the enactment of the first Limited
Liability Company Act in Wyoming, every state
now has adopted LLC legislation. Because each
LLC situation is so unique, you'll usually want
to prepare your Members Agreement yourself.
For those states which allow the filing of a
recitation of existence such as the Articles
of Organization, we can prepare it for you as
well.
In addition to Limited Liability Companies,
we can also form Limited Partnerships and Limited
Liability Partnerships.
CORPORATE NAMES:
The rules vary on a state by state basis but,
in general, each state requires that the word
"corporation", "incorporated",
"limited" or the abbreviations (inc.,
corp., ltd.) for these words must be included
in the company name. Please make sure you included
one of these in your proposed name. For example,
Choice 1 might be Ajax Widgets, Inc. or Third
Investment Corporation.
In addition, to the words which must be included,
there are other words which may never be included
in a corporate name unless permission is granted
by a specific government authority such as the
State Banking Department. These phrases usually
include words such as board of trade, chamber
of commerce, police, bank, doctor, lawyer, trust,
title, savings, mortgage and insurance. Use
of one of these words will result in your incorporation
documents being rejected.
TRADEMARK IMPLICATIONS:
Although you may have used a certain phrase
in your corporate name, it may not be enough
to stop other companies from using that name
in commerce and certainly not if they are located
in a state other than the one in which you incorporated
or qualified. A Trademark is generally considered
to be words or symbols that distinguish your
products or services from those of all others.
To protect your Trademark, you must register
it; in the US, with the Patent and Trademark
Office. Generally, your first step in trademark
protection and registration is a search to discover
any potential conflicts.
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