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Incorporation Guide

How to Incorporate or Form a Limited Liability Company in 10 Easy Steps

Get your business going


Congratulations!

Dear Business Owner

Enjoy the freedom you deserve!

Put your foot on the gas and form your business today. You can get your corporation or
LLC going in as little as 48 hours. With our easy-to-use guidebook and competitive pricing,
Instacorp.com makes the incorporation process fast and affordable.

To get started, read through our 10 easy steps. Think of it as your instruction manual.
Complete the business formation order form and fax it to us. For faster processing, form your
business online at Instacorp.com or by phone with one of our Incorporation Specialists.

Let Instacorp.com help you get your business into high gear. We provide incorporation
packages for every state. Service fees start as low as $25 in Delaware and Nevada - that’s less
than a tank of gas for most people.

Congratulations on your new venture.

Sincerely,

Robert Lau
Director

P.S. If you have any questions or want to speed up the process, call our Incorporation
Specialists at 800-499-9519 or visit www.instacorp.com.

Instacorp.com is a service company. It does not provide legal advice, and its services are not a substitute for advice from a licensed
attorney.
Protect personal assets.
Realize tax advantages.
Give your business more credibility.
These are just some of the benefits you’ll get after you
incorporate or form an LLC with Instacorp.com.

To decide if this is the right move for you, answer these questions:
Yes No
1. Do you want to protect your personal assets (your home, car, savings, etc.)
from lawsuits against your business?
2. Does or will your business:
a. Sell goods or services to the public and/or other businesses?

b. Bring customers into your office, store, or home?

c. Have employees?

d. Take on debt?

3. Are you entering into a business with family members or friends?

4. Do you, or will you, have investors or partners?

5. Would you like the option to raise capital through the sale of stock?

If you answered “Yes” to any of these questions, you’re ready to complete the New
LLC/Corporation Order Form at the end of this document.
Your name is your first connection to your
customers. It’s also the first step towards
making your dream a reality.

Step 1: Choose a Business Name

Have your Order Form? Have a pen? Have a company name? If so, great. Write your business name on the
form. Since the name you want might not be available, please provide an alternate.

How to select a name


Many businesses select a name that identifies the type of service and products offered or highlights a unique
benefit or attribute of their business. For example, a business owner who sells spicy hot dogs might want to
name the business “Red Hot Dogs” or “Firedogs.” Two more examples of developing names for companies
come from Bob and Sue, who represent small business owners on the path to success.

Meet Bob ...


“ After a few successful investments on the side, I started my own
real estate investment company. Forming an LLC helped me keep
my family’s home and personal assets separate from my investment
properties.”

In this example, Bob is the owner of FunHouse Real Estate, LLC.


He chose this name because his investment properties are vacation
properties ... houses to have fun in.

Meet Sue ...


“ I had big plans when I started and needed a way to raise
capital, so I formed a corporation. Surprisingly, people took me
more seriously when they saw ‘INC.’ at the end of the name.”

Sue, as another example, was one of the first computer experts


to set up her own mobile PC repair business. Started in 1992,
she now has a crew of six “techs” and two administrative staff.
She chose the business name, “IT@home, Inc.,” because her
staff has the ability to visit customers’ houses and diagnose
and repair their computers on-site.
Owning a business is more than a state of mind ...
That’s why you have to decide which state to
register in.

Step 2: Select the State Where You Want to Incorporate


or Form Your LLC
Lots of businesses start small, but end up big. Many also start in one state, but don’t always stay there. So let’s
figure out which state might be best for you.

Conducting business in your home state?


Most business owners choose to incorporate or form an LLC in the state in which they plan to conduct
business. Typically, filing in your home state is the least complicated, especially if you plan to operate your
business exclusively in your home state. Also, filing in your home state helps you avoid paying franchise taxes
and filing annual reports in multiple states, and, generally, it costs less to incorporate or form an LLC locally.

Conducting business in multiple states?


Many companies conduct business throughout the U.S. and abroad. A business that has locations in multiple
states may form a corporation or LLC in a single state and then “qualify to do business” in other states. This
means companies must formally register, file annual reports, and pay annual fees to obtain authority to conduct
business in those states and benefit from the laws of the state. Instacorp.com can assist you in qualifying your
corporation or LLC and keeping track of corporate filing requirements in any state you choose.

Bob ...
“ Living in Virginia near the North Carolina border, and with
properties in both states, it made the most sense for me to form my
LLC in Virginia and qualify to do business in North Carolina.”

Sue ...
“ There’s plenty of business for me in my city alone, so I just formed
my corporation in my home state. If the business grows, I’ll get
Instacorp.com to help me qualify in other states, too.”
Just what should your company be ...
A corporation or an LLC?

Step 3: Decide What Type of Company to Form, an LLC


or Corporation

There is no one right answer to the question, “Should I form a corporation or an LLC?” It depends on your
needs, your business plan, and many other factors.

Bob ...
“ I wanted to protect my personal assets, of course, but also liked
how forming an LLC limited my paperwork.”

Bob, like many sole proprietors, preferred to form an LLC. As an


LLC, his business can “pass through” profits and losses from the
business to his personal income tax returns. The business profits
are taxed as Bob’s income, which enables him to avoid paying
income taxes for the business, then paying income tax again on the
money he receives from the business. Bob also preferred to form
an LLC because it gave him more flexibility in ownership. He did not
have to issue stock and is not required to hold annual meetings.

Sue ...
“ With the number of employees I have, it’s better for my company to
be incorporated. It gives me certain advantages for tax savings on
health and retirement benefits that I wouldn’t get as a
sole proprietor.”

By forming a corporation, Sue protects her personal assets. But, she


also formed her entity as a corporation in order to give her the ability
to raise capital by selling stock in the company.
What business are you in exactly?

Step 4: Identify the Purpose of Your Company

We are often asked, “Why do I have to say what my company does?” The simplest answer is, “Because the
state says you have to.” But, more seriously, it helps states keep track of how many businesses are in what
industries and categories. This information is helpful in economic development studies. Some states also use
these classifications to issue tax identification numbers.

Bob ...
“ I just filled in ‘Real Estate Investing.’
I figured ‘Hey, no reason to over think this,’ right?”

Sue ....
“ It’s just like on a survey when they ask for your occupation.
You just give them a very general topic. I put ‘computer services’.”

Step 5: For LLCs Only

If you plan to form a corporation, please move ahead to Step 6. Otherwise,


indicate who will run your LLC and how long you plan to keep your LLC in business.
Most of our customers choose “Perpetual,” meaning they intend to keep their LLC open and operating
indefinitely. If you plan to close your LLC on a certain date, you may wish to choose the other option. If at any
time you wish to change your selection, we can help you file an amendment.

Bob ...
“ I chose “Perpetual” in case some day my son wants to keep the
business going. I did have a friend, though, who chose a dissolution
date because he knew he was going to sell the property he bought
after only one year.”
How long? How many? How much?
Specific questions for LLCs and corporations.

Step 6: For Corporations (Inc.) Only

If you plan to form an LLC, please skip ahead to Step 7.


If you’re forming a corporation, you’ll need to determine the number of shares you want to have and their
“par-value.” Par value is the minimum amount for which a share of stock can be traded or sold, as stated in
the Articles of Incorporation that we will create for you. Par value does not represent the share’s actual market
price or future earnings potential.

You can also choose to authorize stock with “no par value.” This means the stock has no fixed price. The
directors can determine a price for the stock whenever they decide to sell it. If you still have questions about
this topic, please call an Incorporation Specialist at 800-499-9519.

Sue ...
“ This is one of the things I got stuck on. But authorizing 1,500
shares with no par value gave me the freedom to set a price for
raising capital when the time was right.”

Step 7: Identify at Least One Key Executive

At the time of filing, the state may require you to list the key executives of the company. Our customers
generally pick the individuals who are creating the new company and will be immediately involved in its
management. For LLCs, give the name of the person(s) who will run the company. For corporations, give the
name of the director(s) of the company.

Bob ...
“ This was one of my proudest moments, when I put down on paper
that I was the owner of my own LLC ...”

If Bob’s business grows, and he wishes to make his son or another


colleague an owner, Instacorp.com can help him amend his
formation document to reflect the new owner.
Congratulations!
You’re almost done.

Sue ...
“ When I started, I was the only director. Soon, I’ll be adding two
directors, and maybe even more as we continue to grow.”

As Sue’s company grows, there is added responsibility. So, she is


rewarding two of her top employees by making them directors and
giving them a greater share in the business. While this may seem
like more management for Sue, it’s not a drain on her time because
she regularly turns to Instacorp.com for help.

Step 8: Write Down Your Address(es)


Provide us with your Shipping, Business, and Legal Address(es).

Step 9: Choose a Package and Enter a Price


See the reverse side of the Order Form and choose the package that is right for your needs and budget.

Step 10: Choose a Method of Payment


We accept credit cards as well as checks and money orders.

Relax — the Hard Part is Over


Now send your Order Form to us. We’ll do the rest, including completing your filing documents, reviewing them
for accuracy, and then submitting them to the state. The state will then return your official LLC or corporation
documents to us. Upon receipt, we will perform a final review for accuracy and then immediately forward them
back to you. It’s that easy. It’s also reliable, accurate, fast, and affordable.

If you have any additional questions regarding your Order Form or any of our packages, please don’t hesitate
to call our Incorporation Specialists at 800-499-9519 or visit our web site at www.instacorp.com.

Send in your Order Form today!


Send in your Order Form today
to start living your American dream!

Find your true savings with Instacorp.com, and send us your Order Form today.

Order Forms can be mailed to:

Instacorp.com
Attn: Order Form Processing
2711 Centerville Road, Suite 420
Wilmington, Delaware 19808

If you would like to expedite the process, consider completing the Order Form online at www.instacorp.com
or by calling one of our Incorporation Specialists at 800-499-9519. Instacorp.com has everything you need to
incorporate your business to get your company off to a great start!

After you send us your New LLC/Corporation Order Form, you


should also think about ...
Being successful as a business owner means more than simply adding “LLC” or “Inc.” to the end of your
business name. That’s why Instacorp.com works hard every day to incorporate what’s right for you into the
services we offer. As your business and needs grow, you can turn to us for:

- Employer Identification Number (EIN)


- Business Licenses
- Continuing Registered Agent Service
- DBA/Fictitious Name
- Trademark search
- Registering your business with other states
- Corporate Amendments
- Compliance and supplies for your existing corporation
- Certified copies of corporate and LLC documents and certificates including:
- Certificates of Good Standing
- Corporate or LLC Amendments
- Articles of Incorporation or Certificate of LLC Formation
- Annual Reports
- Cancellation or Dissolution
- Additional products and services to help your businesss grow and succeed.

2711 Centerville Road, Suite 420 Wilmington, DE 19808


Toll Free: 800-499-9519
Phone: 302-636-5460
Fax: 302-636-5454
Web: www.instacorp.com
Instacorp.com LLC and Corporation Order Form (Page 1 of 2)

1. Business Name - Your business name must include a corporate indicator. If none is provided, the indicator “LLC” will be use
for a Limited Liability Company, and “Inc.” will be used for a Corporation. Enter the desired name for your new corporation or
LLC. Select an alternative in case your first choice is not available in your state.

First Choice:
Alternate:

2. State - Where do you want to form your LLC or Corporation?


Note: Most customers choose the state where they conduct the majority of their business.

3. Type of Company - Choose one: □ LLC (Limited Liability Company) □ Corporation


(If you want to form an S-Corporation, Professional Corporation, or a Non-Profit Corporation, please call us at 800-499-9519.)

4. Purpose of Your Company:


Enter a brief description of what type of business your company conducts.

5. For LLC’s only. Corporations skip to Step 6.

a) Who will run your LLC? □ One or more owners of the LLC will run the company.
□ One or more hired managers (who are not owners) will run the company.

b) How long do you plan to □ I plan to keep my LLC in business indefinitely (“Perpetual”)
keep your LLC in business? □ I plan to dissolve (shut down) my LLC on this date:

6. For Corporations only. LLC’s skip to Step 7.

a) Unless you instruct us to do otherwise, your corporation will be authorized to issue the maximum number of shares allowable
without triggering higher annual taxes in the State you select. In most states this is 1,500 shares.

□ Yes, please authorize my corporation to issue the maximum shares without causing additional taxes.
□ No, please authorize this number of shares:

b) The par value is the minimum selling price for a share of stock. Unless you instruct us to do otherwise, your shares will have a
par value of zero.

□ Yes, please give my corporation’s shares a par value of zero.


□ No, please give my corporation’s shares a par value of: (in U.S. Dollars)

7. Name and Address of Key Executives - For LLC’s, give the name of the person(s) who will run the company (owners or hired
managers). For Corporations, give the name of the director(s) of the company. In most states, LLC’s and corporations are re-
quired to give the name of only one key executive. If you want to list more than three key executives, please provide additional
names on a separate sheet.

Name: Name: Name:


Address: Address: Address:

8a. Shipping Address 8b. Principal Place of Business 8c. Legal Address
(for items from this order) (where business will take place) (for delivery of legal notices)

Name: Name: Name:


Address: Address: Address:

Phone: Phone: Phone:


Fax: Fax: Fax:

Email: Email: Email:


Instacorp.com LLC and Corporation Order Form (Page 2 of 2)

9. Choose a Package and Enter a Price - See the next page of this form for Package descriptions and prices by Company Type and
State. Choose one:
□ Quick Start □ All-Inclusive
Enter the price for the Package, Company Type and State you selected: (see next page of this form)
Example: A Quick Start Package for an LLC in California costs $313. If you currently live outside of the United States and are look-
ing to incorporate or form an LLC in the United States, please call one of our Incorporation Specialists at 800-499-9519.
Note: Sales tax will be added to all corporate kits and books shipped to CA, CT, DC, FL, IL, MA, NJ, NY, PA, TX & WA.

10. Method of Payment – Choose one:

□ Visa □ MasterCard □ Discover □ American Express □ Check or Money Order Enclosed


Card #: ___________________________ Expiration Date: __________________

Name on Card: _____________________ Signature: ______________________

New LLC / Corporation Packages Include:

Packages
Quick Start Package All-Inclusive Package

Completion and Filing the Articles of Formation for Your


New Company 3 3
FREE Registered Agent Service 6 Months 1 Year

Personalized Compliance E-Kit, including stock certificates,


stock transfer ledger and sample forms for bylaws and
minutes
not included
3
Overnight Delivery to you, once we receive your documents
from the state
not included
3
S Corporation Tax Election Form (IRS Form 2553) not included
3
Unlimited Phone Assistance from an Incorporation
Specialist
not included 3
Instacorp.com Packages and Pricing
Once you decide on a business structure and state, consult the table below to determine the total cost of your
package, including state fees.

Corporation LLC
State Name All-Inclusive Quick Start All-Inclusive Quick Start
Alabama $393 $264 $383 $254
Alaska $478 $349 $478 $349
Arizona $503 $374 $493 $364
Arkansas $308 $179 $308 $179
California $343 $214 $313 $184
Colorado $278 $149 $278 $149
Connecticut $533 $404 $393 $264
Delaware $219 $114 $270 $165
D.C. $413 $284 $378 $249
Florida $298 $169 $353 $224
Georgia $503 $374 $428 $299
Hawaii $303 $174 $303 $174
Idaho $378 $249 $378 $249
Illinois $539 $410 $828 $699
Indiana $316 $187 $316 $187
Iowa $308 $179 $308 $179
Kansas $313 $184 $388 $259
Kentucky $328 $199 $318 $189
Louisiana $388 $259 $363 $234
Maine $453 $324 $483 $354
Maryland $440 $311 $420 $291
Massachusetts $493 $364 $748 $619
Michigan $378 $249 $368 $239
Minnesota $428 $299 $418 $289
Mississippi $308 $179 $308 $179
Missouri $316 $187 $363 $234
Montana $348 $219 $348 $219
Nebraska $358 $229 $418 $289
Nevada $362 $257 $362 $257
New Hampshire $393 $264 $393 $264
New Jersey $353 $224 $353 $224
New Mexico $358 $229 $308 $179
New York $423 $294 $488 $359
North Carolina $483 $354 $483 $354
North Dakota $358 $229 $393 $264
Ohio $483 $354 $483 $354
Oklahoma $305 $176 $357 $228
Oregon $278 $149 $278 $149
Pennsylvania $653 $524 $353 $224
Rhode Island $458 $329 $378 $289
South Carolina $393 $264 $368 $239
South Dakota $383 $254 $383 $254
Tennessee $378 $249 $578 $449
Texas $536 $407 $536 $407
Utah $395 $266 $385 $256
Vermont $358 $229 $358 $229
Virginia $439 $310 $464 $335
Washington $453 $324 $453 $324
West Virginia $393 $264 $361 $232
Wisconsin $353 $224 $408 $279
Wyoming $358 $229 $358 $229
Prices reflected were last updated on August 4, 2009. Current pricing may vary as individual states change their fees. Please call or visit us online for an accurate quote.

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