frequently asked questionsFAQ
Yes. Each state has different requirements (we can guide you through the specifics for your state), but generally speaking, your name must be different than all others on file in the state in which you wish to incorporate. Additionally, your name generally cannot contain certain words that suggest an association or affiliation with the federal government, and must end with a corporate designator (i.e. “Corporation”, “Inc.”, “Ltd.”, etc.)
New York State is one of a handful of states that requires LLCs (and certain other corporate entities) to publish an announcement of their formation in the county of their principal business location. The specific publishing requirements are complex, and failure to comply to the letter could prevent you from doing business in New York. Attention to detail and a thorough knowledge of the law are essential for success.
In New York, you must publish a notice of formation in two newspapers – a daily and a weekly – in the county of your principal business location. Each notice must run for six weeks in newspapers approved by the county clerk for this purpose. When the six weeks are complete, the newspapers send you Affidavits of Publication, which are then forwarded with the Certificate of Publication to the Office of the Secretary of State for filing. The entire process must be completed within 120 days from the date of formation. Notably, Windsor Publishing completes the process within 10 weeks of receiving your work – guaranteed.
The Delaware Secretary of State requires anyone forming a corporation in Delaware to file a Certificate of Incorporation, which includes information on the corporation’s name and address, name of incorporator, number of shares the corporation is authorized to issue, name of registered agent, etc. You are not required to file corporate bylaws with the Secretary of State, although we highly recommend you create bylaws and keep them on file in your primary place of business.
Texas requires anyone forming an LLC in that state to file a Certificate of Formation with the Texas Secretary of State. This document includes the LLC’s name; certain details on the LLC’s management; and information about the LLC’s registered agent, governing person(s) and organizer, among other things. We can handle the filing and submittal process for you in a timely and cost-efficient manner.
California offers free preliminary availability checks for new corporation names. To take advantage of this, you must complete a Name Availability Inquiry and mail it into the California Secretary of State’s office. We can assist with name availability searches and performing the inquiry on your behalf. Notably, California allows you to reserve a new corporation name for up to 60 days. Again, we can handle this process for you as it can become a rather involved process.
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