There are several key factors that go into the decision between an S-Corporation and an LLC.  

Are you planning to raise capital by selling ownership in your company? If the answer is yes, an S-Corp might make it easier to do so since you have the option to sell stock in the corporation.

Are you a U.S. citizen? You must be a U.S. citizen to form an S-Corporation.

The allocation of income, gains, losses, and distributions differs between the two as well. A corporation's distributions are typically based on the stockholder's percentage of ownership in the corporation. An LLC may elect different allocation in their Operating Agreement. For example, a member may own 50% of the company, but only be allocated 10% of the income, gains, losses, deductions, credits and distributions.

Most of our clients incorporate or form their LLC in the state in which they are primarily doing business. This can save you filings with and fees to more than one state on both an initial and annual basis. Companies are generally required to register with and pay each state in which they do business. However, we can assist you in forming the company in any state and then registering to do business in others if you wish.

There are many factors that an entrepreneur needs to consider before deciding whether to incorporate or form an LLC. Are you going to want to issue stock? If so, a corporation may be the right choice for you. Are you seeking to avoid "double taxation?" If so, you may consider forming an LLC.

Consult our Business StartUp Wizard to help assist you in your decision.

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

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.

Please allow one business day for receipt of your customized operating agreement or bylaws 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.

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 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.

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.

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.

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

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.

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.

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.

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

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

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.

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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).

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.

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

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.

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

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.

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.

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

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

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.

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 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.

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.

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.

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.

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.

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.

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.

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

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