Are there requirements I must follow when choosing a name for my corporation or LLC?

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.)

I am forming an LLC in New York. Why do I need your services?

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.

What does New York’s LLC publication process involve?

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.

I want to form a Corporation in Delaware. What paperwork is required by the Delaware Secretary of State?

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.

I am forming an LLC in Texas, and I was told I needed to file a Certificate of Formation. What is involved in that process?

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.

When forming a corporation in California, how do I make sure my corporation’s name is acceptable, and how do I reserve it?

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.

Beneficial Ownership Information Report (BOIR) ORDER FORM

SERVICES

**IMPORTANT NOTICE: On January 1, 2024, a new federal reporting requirement went into effect which will require tens of millions of small businesses and corporate entities to file a Beneficial Ownership Information Report with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). Reporting Companies will have to report information about their beneficial owners—the individuals who ultimately own or control the company.

The Corporate Transparency Act:

The new BOIR requirement comes from the Corporate Transparency Act (CTA) passed by Congress in 2021. It became effective on January 1, 2024. The intent behind the beneficial ownership information report to the U.S. Department of the Treasury is to increase companies’ visibility. Greater visibility should diminish the opportunity for illegal activities like money laundering. The CTA is intended to help prevent and combat money laundering, terrorist financing, corruption, and tax fraud. This Act from the United States’ rulemaking body applies broadly to many business entities, including small businesses and large operating companies. Under the CTA, reports are submitted to FinCEN, the government agency responsible for analyzing financial transactions in the interest of national security. There are civil and criminal penalties for failing to comply with the CTA, so review the requirements carefully.

Deadlines:

A reporting company created or registered to do business before January 1, 2024, will have until January 1, 2025, to file its initial beneficial ownership information report.

A reporting company created or registered on or after January 1, 2024, and before January 1, 2025, will have 90 calendar days after receiving notice of the company’s creation or registration to file its initial BOI report. This 90-calendar day deadline runs from the time the company receives actual notice that its creation or registration is effective, or after a secretary of state or similar office first provides public notice of its creation or registration, whichever is earlier.

Reporting companies created or registered on or after January 1, 2025, will have 30 calendar days from actual or public notice that the company’s creation or registration is effective to file their initial BOI reports with FinCEN.

As specified in the Corporate Transparency Act, a person who willfully violates the BOI reporting requirements may be subject to civil penalties of up to $500 for each day that the violation continues. That person may also be subject to criminal penalties of up to two years imprisonment and a fine of up to $10,000. Potential violations include willfully failing to file a beneficial ownership information report, willfully filing false beneficial ownership information, or willfully failing to correct or update previously reported beneficial ownership information.

When a change occurs to the reporting company or its beneficial owners, an updated report must be filed within 30 calendar days after the change occurs (this includes demographic; entity and ownership changes).

A beneficial owner is an individual who either directly or indirectly: (1) exercises substantial control over the reporting company, or (2) owns or controls at least 25% of the reporting company’s ownership interests.

Please click the below links for more information:

Small Business Compliance Guide: Small Entity Compliance Guide | FinCEN.gov
Frequently Asked Questions: https://www.fincen.gov/boi-faqs
FinCEN’s BOI Webpage: https://www.fincen.gov/boi

**Windsor Corporate Services has extensive knowledge and experience regarding the CTA and BOIR filing requirements. You may utilize our service to be certain that your BOIR filing is completed quickly and accurately. Our preparation and filing fee will be $250, and you may remit payment as follows:

Please provide the following:

Part I. Reporting Company Information: (The Reporting Company is your company)

BOIR Form

Reporting Company legal name:

Alternate name (e.g. trade name, DBA) – Provide if applicable:

Tax Identification number:

EIN

SSN

Provide EIN or SSN:

State of formation of your company:

Physical address of where your company is located (number, street, and apt. or suite number, city, state, zip code – No P.O. Boxes):

Date of formation of company:

Did Windsor Corporate Services form the company?

Yes

Part II. Company Applicant Information:

(Complete this section if your company was formed after 1/1/24)

The Company Applicant must be an individual who may have filed or assisted with the filing of the formation documents for your company. This may be an individual at a company like Windsor Corporate Services or an individual at a law firm or accounting office.

Please provide Company Applicant FinCEN ID if available:

If the Company Applicant does not have a FinCEN ID, please provide the following:

Legal Names of ALL Company Applicants (must be an individual):

Company Applicants Details #2

Company Applicants Details #3

Identifying document type – Choose one: Ex., Passport, State issued driver's license(Please include information for ALL Company Applicants):

Identifying document number – Provide ID#: Ex., Passport ID#, Driver’s License ID#:

Identifying document issuing jurisdiction (for ex.: country/state of Passport/driver’s license):

Identifying document image – Upload identifying document image Ex., upload image of Passport/ Driver’s License (with photo)(Please upload Identifying document image for ALL Company Applicants):

Part III. Beneficial Owner Information:

The beneficial owners are the individuals who ultimately own or control the company.

Please provide the Beneficial Owner’s FinCEN ID if available:

If Beneficial Owner’s FinCEN ID is not available, please provide the following:

Beneficial Owner Details #2

Beneficial Owner Details #3

Identifying document type – Choose one: Ex., Passport, State issued driver's license (Please include information for ALL Beneficial Owners):

Identifying document number – Provide ID#: Ex., Passport ID#, Driver’s License ID#:

Identifying document issuing jurisdiction (for ex.: country/state of Passport/driver’s license):

Identifying document image – Upload identifying document image Ex., upload image of Passport/ Driver’s License (with photo) (Please upload Identifying document image for ALL Beneficial Owners):

ORDER TOTAL

Feel free to learn more about us and our guarantee, explore our services, read our FAQs and glossary, or contact us to speak to a business filing expert.