Business Formation, Incorporation, Entity Selection
Many attorneys (and non-attorneys) offer business incorporation services. In fact, some new business owners choose to form their own corporation. However, if you are thinking about starting a business, how do you know that a corporation is the right type of entity to choose? Would an LLC be better? If a corporation is the right entity, where should you incorporate? Is there any benefit to incorporating a California-based business in Nevada? These are the types of questions I answer for clients every day.
As the founder and sole shareholder of Cross Law Corporation, I have helped local, national and international clients determine whether a corporation is the right entity for their business. And if it is the right type of entity, you can be sure that we will get the job of forming your corporation done right.
Key Issues When Forming a Corporation
While the actual paperwork involved in forming a corporation is fairly straight-forward, the over-all process involves many decisions and many steps. You have many choices when it comes to business incorporation lawyers and services. What sets Cross Law Corporation apart is its thorough attention to detail throughout the formation process.
Not all incorporation lawyers are the same. At Cross Law Corporation, we guide you through a 25 step process that will ensure that your corporation is formed properly. While these steps are not overly complicated, they must be done right in order to provide your business the solid foundation it will need. When you hire Cross Law Corporation to form your corporation, we will help you:
- Determine whether the desired company name is available and, if so, whether it should it be reserved.
- Determine whether the company name and other words, phrases or logos should be trademarked.
- Determine whether a fictitious business name filing is required and, if so, prepare and file it.
- Determine whether the desired domain names are available and, if so, secure them.
- Prepare and file the company's articles of incorporation.
- Determine whether a corporate disclosure statement is required and, if so, prepare and file the statement.
- Determine whether the company requires a federal EIN; prepare and file application.
- Determine whether the company requires a state EIN; and if so prepare and file the application.
- Determine whether a subchapter S election is available and desired; and if so, prepare and file the application.
- Prepare company bylaws.
- Prepare the memorandum of action of incorporator.
- Prepare initial board meeting minutes or unanimous written consent in lieu thereof.
- Determine whether a shareholder agreement is desired and, if so, prepare it.
- Determine whether employment agreements are desired for key shareholders, directors, officers and/or key employees and, if so, prepare them.
- Prepare and file the statement of information.
- Determine whether a Regulation D filing or similar securities filings are required and, if so, prepare and file the appropriate forms.
- Determine whether a notice of transaction/limited offering exemption notice or other blue sky filing is required and, if so, prepare and file appropriate forms.
- Determine whether workers' compensation insurance, disability unemployment insurance and similar products are desirable and/or required.
- Determine whether the company requires licenses, zoning permits and other similar items and, if so, apply for and obtain them.
- Determine whether sales and use taxes and other government fees and expenses will be incurred.
- Determine whether a business license is required and, if so, apply for it.
- Obtain a corporate kit.
- Determine whether investor certificates are required and, if so, prepare them.
- Determine whether specific stock certificate legends are required or desirable and issue stock certificates.
- Complete the stock ledger.
When an incorporation attorney (or non-attorney incorporation service) quotes you a price for their services, ask them whether their services include the 25 steps listed above. At Cross Law Corporation, our incorporation services do.
I offer a free consultation to discuss your business formation. Call 619-894-8339 to contact my law office in San Diego, California. You may also contact me by e-mail.
Contact Cross Law Corporation
To speak with an attorney about a business formation, contact Cross Law Corporation today at 619-894-8339, or contact us by e-mail.
