SETTING UP A COMPANY WITH THE STATE

1. Choose a Business Structure

Decide on the type of business entity that best suits your needs. Common structures include:

Sole Proprietorship
Limited Liability Company (LLC)
Partnership
Corporation (C-Corp or S-Corp)
Nonprofit Organization

2. Select a Business Name

Ensure your chosen business name is unique and compliant with state naming rules. You can typically check name availability on the state’s business registration website.

3. Register Your Business Name

For an LLC or Corporation: You must register the business name with the state by filing the appropriate formation documents.

For a Sole Proprietorship or Partnership: You may need to file a “Doing Business As” (DBA) name, also known as a trade name or fictitious name.

4. File Formation Documents

LLC: File Articles of Organization.

Corporation: File Articles of Incorporation.

These documents are usually filed with the Secretary of State or a similar state agency.

5. Appoint a Registered Agent

A registered agent is a person or entity designated to receive legal documents on behalf of your business. This person must have a physical address in the state where the business is registered.

6. Obtain an Employer Identification Number (EIN)

Apply for an EIN from the Internal Revenue Service (IRS). This number is used for tax purposes and is required for most businesses.

7. Register for State Taxes

Depending on your state and business type, you may need to register for various state taxes, including:

Sales tax
Employer taxes
State income tax

8. Obtain Necessary Permits and Licenses

Check with state, county, and local government offices to determine if you need any permits or licenses to operate your business legally.

9. Draft an Operating Agreement or Bylaws

LLC: Create an Operating Agreement that outlines the ownership and operating procedures of the LLC.
Corporation: Draft corporate bylaws that govern how the corporation will be managed.

10. Comply with Other State Requirements

Some states have additional requirements, such as publishing a notice of formation in a local newspaper.

11. Annual Reports and Fees

Most states require businesses to file annual reports and pay associated fees. Mark your calendar to ensure these are filed on time to maintain good standing.

Steps by State

Each state has its own specific requirements and procedures. It is important to visit the website of the Secretary of State or the relevant state agency for detailed instructions specific to your state. Below are some useful links to get you started:

· Alabama: https://www.sos.alabama.gov

· Alaska: https://ltgov.alaska.gov

· Arizona: https://azsos.gov

· Arkansas: https://www.sos.arkansas.gov

· California: https://www.sos.ca.gov

· Colorado: https://www.sos.state.co.us

· Connecticut: https://portal.ct.gov/sots

· Delaware: https://sos.delaware.gov

· Florida: https://dos.myflorida.com

· Georgia: https://sos.ga.gov

· Hawaii: https://cca.hawaii.gov

· Idaho: https://sos.idaho.gov