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So, now you know (briefly) why to incorporate, but how exactly do you? Unfortunately, this answer is a bit more complicated. There are so many business formation types out there and even more registered agents out there that want your money. They all promise that they are "the one", that they are the best choice for you and your business. The problem is, only one of them really is. To find this one best match, you need to weigh all of your options.
Start by getting all the information about various agent packages and comparing them. In addition to this information self-gathering, don't forget to ask other business owners and friends about their experiences with certain agents, and don't forget to look at exactly what each package offers. Don't sell yourself short and go with the economy package that will cost you more money down the road.
To get you further acquainted with the incorporation process, here is a brief list of terms, along with their defintions, that you may find useful:
Corporation:
This is a type of business formation that is established with perpetual duration. It is allowed to borrow money and enter into contract negotiations separate and independent from its owners. Owners are protected by the "corporate veil", which prevents debts against the company from being held against the owners.
Limited Liability Company (LLC):
A Limited Liability Company is a type of business formation that is owned by members and operated by managers. It is especially suitable for holding investment assets like real estate.
Registered Agent:
This person is designated to collect a company's Series of Process. He or she must be located, and available, at the provided business address. A registered agent is required by law.
Naming your business properly is important. It should be distinguishable from other companies. Depending on where you incorporate, it must contain words like ‘Limited' or ‘Incorporated'. It must also not have words that imply any other purpose other than what is stated it its articles of incorporation or the corporate laws of the state. These would be words like ‘Bank' or ‘Government'.
Picking a place of business is a crucial step. You need to decide which state or country to incorporate. Many states have different laws that govern how you incorporate business practices. These laws also may govern how you run your company.
Now that you have performed these functions, then the actual structure of your company will begin to take place. You will pick your board of directors, assign company byelaws, adopt the articles of incorporation and draft a shareholders contract.
For a small company with 1 or 2 partners naming your board of directors may be a simple process. For a larger company this may be a delicate and important task. A board of directors perform specific duties decreed by the corporation charter. This may be appointing executives, handing out shares, assigning dividends or other things. In larger corporations a board of directors may have influence when companies incorporate company procedures.
Shareholders may be one partner, most partners, or in the case of a public corporation may be the general public. For a small company traditionally 1,000 shares are assigned. It is possible that there will need to be additional shares assigned from the beginning.
Research your market. The financial success of your company will depend on knowing the product or service you will sell. In order to successfully grow in any venture you must know your industry. This will allow you to choose a name and a strategy for your business.
Define a clear marketing strategy. Getting the word out about the potential of your product or service is very important. If no one knows about you, how can they buy from you? Businesses often cut back of advertising and marketing when money is tight; a big mistake.
If cost is an issue, keep your marketing traditional, perhaps an ad in the yellow pages and passing out business cards. Look for cheap ways to get at potential customers. Newspaper ads are very expensive and too untargeted.
Then, you should know your demographics. Where do you intend to set up business? What is your target market in that location? Will your offer be suited to their taste and lifestyle? Remember how big and diversified the business world is now is so it is wise to explore your area first. It will also help you determine the cost of starting up business in your chosen location.
The reasons for your incorporation are clearly evident. A sole proprietorship causes you the individual to be responsible for any legal action against your organization. When your company has a lawsuit against them, the liability is on your shoulders. Your company incorporation is a blanket protecting you against legal and financial nuisances.