Incorporating what's right for you.

Incorporating what's right for you.
 

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Frequently Asked Questions
To see our answers to common questions, please select a question from the one of the topics below.

Bylaws and Operating Agreements

If my corporation only has one owner, does it still need to draft bylaws?

Yes. All corporations must have bylaws. Similarly, all Limited Liability Companies (LLCs) must have an operating agreement.

 

How can I change the document that The Company Corporation sends to me?

When you purchase bylaws or an operating agreement from The Company Corporation, we forward the document to you by e-mail. You can make any changes to the document before printing and signing it.

 

How long will it take to receive my customized bylaws or operating agreement?

Please allow one business day for receipt of your customized document by e-mail. If you recently submitted an incorporation or LLC formation order, we will not create your customized document until the Secretary of State has confirmed the company's formation.

 

Business Licenses and Permits

Do I need a license to run a home-based business?

You might. In fact, your state and local governments may require numerous licenses and permits. For example, Internet businesses in El Dorado County in California usually obtain a California Seller's Permit, Business License, and Home Occupation License. The thousands of local licensing jurisdictions across the United States each have their own set of requirements. As a business owner, you must understand and obtain the licenses required for your business.

 

If I operate my business in more than one state, city, or town, do I need a license for each location?

If your business operates in more than one town, city, county, or state, you may need multiple licenses. The Business License Compliance Package includes the business applications and forms identified for your business for one town or city in one county and state. If you plan to conduct business in multiple locations, please contact a Business License Specialist at 888-705-9716 (toll-free) to place a multi-state order. Additional fees apply.

 

What can happen if I do not obtain the appropriate licenses and permits?

Failure to register your business with the appropriate government agency could result in fines and can have a number of legal repercussions that could prevent you from operating your business.

 

Certificates of Good Standing

How long does a Certificate of Good Standing last?

If you submit a Certificate of Good Standing to another state, that state may have guidelines regarding its timeliness. For example, some states will not accept a Certificate of Good Standing more than 3 months after issuance.

 

Who issues a Certificate of Good Standing?

Usually, the Secretary of State issues these certificates. The Company Corporation can help you place an order to request a Certificate of Good Standing.

 

What is the difference between a Certificate of Good Standing and a certified copy?

A Certificate of Good Standing reflects the status of a company as of a particular date. A certified copy is a copy of a document on file with the state (such as Articles of Incorporation) that the state certifies as true and correct.

 

Certified Copies

How long does a certified copy last?

If you submit a certified copy to another state, that state may have guidelines regarding its timeliness. For example, some states will not accept documents more than 3 months after issuance.

 

What is the difference between a Certificate of Good Standing and a certified copy?

A Certificate of Good Standing reflects the status of a company as of a particular date. A certified copy is a copy of a document on file with the state (such as Articles of Incorporation) that the state certifies as true and correct.

 

Who issues a certified copy?

Usually, the Secretary of State issues these copies. The Company Corporation can help you place an order to request a certified copy.

 

Closing a Business (Dissolutions)

What is the difference between a dissolution and a cancellation?

Most states use the term "dissolution" to refer to termination filings for corporations. "Cancellation" usually refers to an LLC's termination.

 

What is the difference between a dissolution and a withdrawal?

Typically, a company dissolves in the state in which it originally formed. Companies withdraw from any additional states in which they also registered to do business.

 

How much will a dissolution cost?

The Company Corporation charges a service fee of $125.00 plus state fees to help customers dissolve their business. Including state fees, most dissolution orders cost between $400 and $700.

 

Company Name Changes (Amendments)

Why do businesses file amendments?

Most commonly, companies file amendments to reflect changes in their name, purpose, address, or management.

 

How soon should I file an amendment if something changes?

As soon as possible. Some state statutes include guidelines for amendment filings.

 

How much will an amendment cost?

The Company Corporation charges a service fee of $125.00 plus state fees to help customers file an amendment. Including state fees, most amendments cost between $200 and $500.

 

Corporate & LLC Compliance Kits

Why would I need a compliance kit?

Banks and lenders often request a company seal, which our kit includes. We also include stock or membership certificates, sample bylaws or an operating agreement, and a zipper-bound binder to help you store important company records.

 

Do you personalize the contents of my kit?

Yes. We engrave your compliance kit with the name of your company. Your stock or membership certificates also reference your company name. Additionally, we include a company seal with your business name and date of formation.

 

Do compliance kits differ for corporations and LLCs?

Yes. A compliance kit for a corporation includes stock certificates and sample bylaws. A kit for an LLC includes membership certificates and a sample operating agreement.

 

Doing Business As (DBA) Names

Will my DBA name expire?

It depends upon the state, county, or city where you filed your DBA name. In some cases, DBA names never expire. In others, companies must renew their DBA filings.

 

Does registering a DBA protect my company name from use by other businesses?

Not usually. In most cases, businesses file DBA registrations for public notice only.

 

Where do I file my DBA?

Where to file depends upon several factors, including where you do business and the structure of your business. Contact us for assistance in filing your DBA.

 

Employer Identification Number (EIN) Filings

Do I need an EIN?

The IRS usually requires corporations and Limited Liability Companies (LLCs) operating as partnerships to obtain an EIN. Any business that hires employees, including sole proprietorships and single-member LLCs, must also apply for an EIN.

 

Who might request my EIN?

Banks may require an EIN in order to open a business checking account. Also, you may need to list your EIN on business license, permit, and tax registration applications.

 

Can The Company Corporation help me apply for an EIN?

For only $75 ($175 for non-U.S. residents), The Company Corporation can process your EIN application.

 

Franchise Tax Filings

Why should I file an annual report if I don't currently conduct business in Delaware?

All Delaware corporations and Limited Liability Companies (LLCs) must pay franchise taxes to the state of Delaware, regardless of whether they currently do business in the state. Corporations must also file an annual report. Timely filing ensures that a company remains in good standing with the state.

 

What are the state franchise tax fees?

LLCs pay a $250 annual franchise tax in Delaware. Corporations pay a minimum of $75 in franchise taxes and a $25 annual report filing fee ($100 minimum).

 

Why can't I just pay the state directly?

You may file annual reports and pay franchise taxes directly through the state of Delaware's Web site. For added convenience, The Company Corporation offers an annual service to help you satisfy this important requirement.

 

Mail Forwarding

If I don't do business in Delaware or Nevada, can I still purchase mail forwarding service?

Yes. Businesses located in any state may purchase a Delaware or Nevada mail forwarding address.

 

How long does the application process take?

Once you return the application materials and payment to our office, the process typically takes 2-3 business days. Please remember to send duplicate originals of your notarized application materials.

 

Should I choose domestic or international mail forwarding service?

If you require international shipping, please select our international package. Otherwise, you may select the domestic package.

 

Registering in Additional States (Qualifications)

How much does it cost to register in additional states?

The Company Corporation charges a service fee of $125.00 plus state fees to help customers register in another state. Including state fees and Registered Agent service in the new state, most registration packages cost between $400 and $700. State fees vary, so contact us at 800-818-6082 (toll-free) or 302-636-5440 for an estimate.

 

Can The Company Corporation help me register my business in every state?

Yes. The Company Corporation charges a service fee of $125.00 plus state fees for each registration filing. We provide this service in all 50 states and the District of Columbia. Contact us at 800-818-6082 (toll-free) or 302-636-5440 to start the process.

 

What could happen if I do business in a state without officially registering?

In some states, doing business before registering can result in fines and the inability to initiate a lawsuit in that state.

 

Registered Agent Service

Why do I need a Registered Agent?

State law requires corporations and Limited Liability Companies (LLCs) to maintain a registered address for important legal documents.

 

What does a Registered Agent do?

A Registered Agent receives and forwards legal documents (called service of process) on behalf of a company. The Registered Agent must be available during all business hours to receive service of process.

 

Why can't I be my own Registered Agent?

Most businesses choose a third party to act as their Registered Agent. This can help avoid the embarrassment of being served with legal paperwork in front of friends or neighbors. Also, The Company Corporation can always receive your service of process, even when you leave the office.

 

Resolutions

What is the difference between a resolution and a written consent?

Resolutions and written consents refer to the same actions. A resolution typically occurs by vote at a meeting. A written consent documents the same action in writing and includes the signatures of everyone who would have voted.

 

Do all companies need resolutions?

State governments don't require corporations and LLCs to file resolutions with the state. However, we recommend that companies use resolutions or written consents to reflect changes in the business.

 

How can I change the document that The Company Corporation sends to me?

When you purchase a written consent from The Company Corporation, we forward the document to you by e-mail. You can make any changes to the document before printing and signing it.

 

Trademark Searches

What is the difference between the TM symbol and the R in a circle?

Businesses may only use the ® symbol if they have registered a trademark or service mark with the U.S. Patent & Trademark Office (USPTO). State and local laws govern use of the TM (trademark) and SM (service mark) symbols. Companies may use these two symbols without registering a mark at the federal level.

 

How long does it take to register a federal trademark?

Many factors affect how long it takes to file a trademark or service mark with the U.S. Patent & Trademark Office (USPTO). Generally, an applicant receives a filing receipt approximately three weeks after filing. The USPTO typically sends an official response within 6-7 months of submission. At this point, applicants may need to complete additional steps. From start to finish, federal trademark registrations may take a year or more.

 

How long does a trademark remain valid?

For a trademark to remain valid, owners must file certain maintenance documents with the U.S. Patent & Trademark Office (USPTO). As long as owners satisfy renewal requirements, federal trademark registrations remain valid for 10 years.

 

Web Sites

Why do I need a Web site?

Today's marketplace demands a vital Internet strategy. Many consumers leverage the Internet to help them determine the legitimacy of a small business. Without an effective Web presence, businesses also ignore opportunities to reach new customers. Additionally, an effective Web site can help build customer loyalty and trust.

 

Can I use my own URL?

If you own an existing URL, we can use that address for your Web site.

 

How can I make changes to my Web site? If I cancel the service, do I have to pay a cancellation fee?

Your service plan includes most design modifications. Website Pros offers most simple modifications to update text and graphics free of charge. Website Pros charges no cancellation fees and does not require customers to sign contracts.