Business Formation

INC / Corporation Formation

Form a C-Corporation or S-Corporation — the right structure for businesses planning to raise capital, issue stock, or scale significantly.

INC / Corporation Formation

Overview

What this service is and why it matters

A Corporation (INC) is a legal entity that is separate from its owners (shareholders). It offers the strongest liability protection and is the preferred structure for businesses that plan to raise venture capital, issue stock, go public, or scale significantly. Corporations have more formal requirements than LLCs but offer unique advantages for growth-oriented businesses.

Who needs this?

Businesses planning to raise capital from investors, issue stock to employees, go public (IPO), or operate at a large scale. Startups seeking venture funding typically need to be C-Corporations.

Why is it important?

A corporation provides the strongest liability protection, allows you to issue stock and raise capital, and is the structure preferred by investors. If you plan to scale your business significantly or seek outside investment, a corporation may be the right choice.

Complete Process

1

Choose the right corporation type (C-Corp or S-Corp) based on your tax and growth goals

2

Select a unique business name that complies with state naming rules

3

Appoint a Registered Agent

4

File Articles of Incorporation with the state

5

Create corporate bylaws outlining governance rules

6

Appoint initial directors and hold the first board meeting

7

Issue stock to shareholders

8

Obtain an EIN from the IRS

9

Register for state and local taxes

10

File any required licenses and permits

11

Maintain ongoing corporate compliance (annual meetings, minutes, filings)

Required Information & Documents

Business name (must include Corporation, Inc., or similar designation)
Business purpose
Registered agent name and address
Director names and addresses
Shareholder names and addresses
Number and type of shares authorized
Corporate bylaws
Filing fee for the state

Timeline Expectations

Corporation formation typically takes 5-10 business days for standard filing. S-Corp election (Form 2553) must be filed within 2 months and 15 days of the beginning of the tax year. Overall, expect 2-4 weeks for a fully operational corporation.

Common Mistakes to Avoid

Choosing a C-Corp when an S-Corp would save on taxes (or vice versa)
Not holding annual meetings or keeping minutes — this can result in losing liability protection (piercing the corporate veil)
Commingling personal and corporate finances
Not filing the S-Corp election on time
Issuing stock without proper documentation
Not maintaining a corporate records book

Benefits

Strongest liability protection for owners
Ability to issue stock and raise capital
Preferred structure for venture capital and angel investors
Unlimited number of shareholders (C-Corp)
Perpetual existence — the corporation continues even if owners change
Tax deductions for business expenses
Credibility with customers, partners, and investors

Frequently Asked Questions

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Provider Comparison

StructurePrivacyFeaturesSupportComplianceBusiness Suitability
C-CorporationStandard — shareholders on public recordsUnlimited shareholders, stock issuance, IPO-ready, preferred stock classesCorporate legal and accounting support neededAnnual meetings, minutes, board resolutions, federal and state filingsBest for businesses planning to raise venture capital or go public
S-CorporationStandard — shareholders on public recordsPass-through taxation, up to 100 shareholders, one class of stockCorporate legal and accounting support neededAnnual meetings, minutes, board resolutions, S-Corp election filingBest for small to mid-sized US-based businesses wanting tax efficiency
LLC (for comparison)Flexible — members can be hidden in some statesFlexible management, pass-through taxation, no meeting requirementsLess formal compliance support neededAnnual report only in most states, no meetings or minutes requiredBest for most small businesses, solo entrepreneurs, and non-residents