Archive for February, 2008

What is a Corporate Seal?

Monday, February 4th, 2008

A Corporate Seal is a customized embossing stamp that contains the name, date and state of formation of your company. In some jurisdictions a corporate seal can be required to open a company bank account. It is typically used on company documents to mark them as official. The Corporate seal is included in the Corporate/LLC […]

What is a Publication Requirement?

Monday, February 4th, 2008

A Publication Requirement is a compliance mandate that requires the creation and ownership of an LLC to publish an announcement in local newspapers upon being filed. Upon completion of this requirement an affidavit is typically filed with the state to inform them that the publication requirement has been satisfied. Currently the states which require thus […]

What is the Cancellation Policy of IncFile?

Monday, February 4th, 2008

Your order is refundable until payment is forwarded to the state (typically within twenty four hours after your order is placed), less a $30.00 cancellation fee and less any expenses which have been paid or incurred in furtherance of your order with any entities, including state agencies or third party vendors. Once payment has been […]

In What State Should I Form my LLC or Corporation?

Monday, February 4th, 2008

Unless you plan on having a large, multi-state operation, it is generally best to form your company in the state in which it is located.
Generally speaking, most states will expect you to be registered with them if there is substantial ongoing business and/or a physical presence in that state. If you do form your company […]

Does Forming an LLC (Limited Liability Company) or Corporation Require an Attorney?

Monday, February 4th, 2008

No, it does not. An attorney is not a legal requirement to form a Limited Liability Company. While we always recommend consulting the appropriate legal and accounting specialists, we can take care of the filings for you and save you the attorney fees.

What is the Purpose of an Alternate Company Name?

Monday, February 4th, 2008

In order to form your company, we need to know what name you want for the business. Before forwarding the necessary formation documents to the state we do a name search in your state of formation to see if the company name is available. If the name you want for your company is the same […]

What is the SS4/EIN/Tax ID Number?

Monday, February 4th, 2008

The SS4 is the IRS form required to obtain an EIN (Employer Identification Number, frequently called a Tax ID number). The EIN/Tax ID number can be thought of as a Social Security Number for your business. It is usually required to open a bank account in the name of the business and to properly pay […]

What do I Need to do After I Place my Order?

Monday, February 4th, 2008

Once your order is placed we will immediately begin processing the formation of your company. If additional information is required we will contact you for the necessary information. We handle your formation from beginning to end and make sure that your formation is filed quickly and correctly.

Where is IncFile Located?

Monday, February 4th, 2008

IncFile is owned and operated by IncFile.com, LLC and is headquartered in Houston, Texas. Our address is:
IncFile.com, LLC
14027 Memorial Drive, Suite 110
Houston, TX 77079

What is a Registered Agent and do I Need One?

Monday, February 4th, 2008

Almost every state requires a corporation or an LLC to have a Registered Agent (sometimes called a resident agent, statutory agent, or agent for service of process). The Registered Agent address is the address that will be used by the state for any official legal and tax correspondence. The Registered Agent address must be a […]

Do I Need to Sign Anything?

Monday, February 4th, 2008

Each state has different requirements. Some states require your signature on the Registered Agent acceptance form and some do not. If the formation of your company will require your signature we will sign on your behalf, as your authorized representative.

How do I get Started?

Monday, February 4th, 2008

All you need to do to get started is fill out our easy online order form, which collects all of the necessary information, and only takes a few minutes.

What is the Difference Between an LLC and a Limited Partnership?

Monday, February 4th, 2008

A Limited Partnership consists of at least one general partner and one limited partner. The general partner is potentially liable for all the obligations of the partnership. The limited partner has limited liability. Limited partners may jeopardize their limited liability status if they actively participate in the business of the partnership.
An LLC consists of one […]

Am I Required to Hold LLC Meetings?

Monday, February 4th, 2008

While meetings may frequently be necessary and proper to discuss a variety of LLC issues, they are not required by the state to have and maintain an LLC as they are with a corporation.

What is the Management Structure of an LLC?

Monday, February 4th, 2008

An LLC is typically managed by its members/owners (referred to as member-managed). In that respect an LLC is unlike a corporation, which has a much more rigid and defined management structure, including directors and officers. All owners of the LLC are typically referred to as members, and they can have control and voting interest proportional […]

How is an LLC Taxed?

Monday, February 4th, 2008

For federal income tax purposes the profits of an LLC (Limited Liability Company) “pass through” to the personal income of the members/owners. In the case of a single member LLC it is taxed the same as a sole proprietorship (i.e. typically filed on the schedule C of the owner’s personal income tax filing). In the […]

Are Non-U.S. Residents Allowed to Own a Corporation or LLC?

Monday, February 4th, 2008

There are no citizenship or residence requirements for ownership of a C Corporation or an LLC. The S Corporation however does not allow nonresident aliens to be shareholders (owner), but any US citizen or resident alien may be a shareholder (owner). You would, of course, require an in state street address for the state to […]

Who Will Typically Elect the S Corporation Status?

Monday, February 4th, 2008

Typically entrepreneurs will select the S-Corporation as the entity of choice for the following reasons:

The S-Corporation combines the advantages of the sole proprietorship, the partnership, the LLC and the corporation into one entity.
Unlike sole proprietors and the partners in a partnership the shareholders of the S-Corporation are granted the same level of limited liability and […]

What is the “S Corporation Deadline?”

Monday, February 4th, 2008

In order to elect S-Corporation status for an already existing C-Corporation for the current tax year, the corporation must file the IRS Form 2553 by March 15. If the corporation is filed on or after January 1 of the current tax year, then the S-Corporation election can be submitted anytime within the tax year as […]

How is an S Corporation Taxed?

Monday, February 4th, 2008

For purposes of federal taxation, an S Corporation is taxed differently than a C Corporation. Typically, the S Corporation files its annual return using the Form 1120S, as opposed to the 1120 for a C Corporation. The 1120S is an informational return; it simply informs the federal tax authorities the amount of net profit/loss made […]