Step-by-Step Guide to Incorporating Your First Business

Posted by American Ltd on Jan 28, 2025 10:39:54 PM

Starting a business is an exciting venture, filled with possibilities and opportunities. One of the first and most important steps in this journey is choosing the right legal structure for your business. The structure you choose affects everything from your liability and taxes to your ability to raise capital.

Step 1: Decide on Your Business Structure Understanding the differences between business structures is crucial. The most common types include:

  • Limited Liability Company (LLC): Offers liability protection, flexible tax options.
  • Corporation (C-Corp or S-Corp): Provides the most protection from personal liability, but with more regulations.
  • Sole Proprietorship: Simplest form, easy to establish and operate, but does not provide liability protection for personal assets. 
  • Partnership: Shared responsibility, suitable for businesses with multiple owners, but does not provide liability protection for personal assets. 

Choosing the right structure depends on your industry, the size of your business, and your long-term goals. American Incorporators can explain your options empowering you to choose a structure aligns with your business needs. If needed, we can refer you to a lawyer or accountant for further guidance on selecting a business structure.

Step 2: Choose a Business Name Your business name is your first impression. It should be memorable, reflect your brand, and comply with state regulations. Use American Incorporators' name check service to ensure the chosen name isn't already in use.

Step 3: Register Your Business File the necessary formation documents with your state's business filing agency. This typically includes Articles of Incorporation for corporations or Articles of Organization for LLCs. American Incorporators streamlines this process by handling the paperwork and ensuring everything is filed correctly and promptly.

Step 4: Obtain EIN and Set Up Bank Accounts An Employer Identification Number (EIN) is like a social security number for your business. It's essential for tax purposes and to open a business bank account. American Incorporators can help you obtain your EIN to set up your financial infrastructure correctly.

Step 5: Comply with Additional Regulations 

Depending on your business type and location, you may need specific licenses and permits. DBAs may need to be filed especially for partnerships or sole proprietors. Additionally, it's important to understand your insurance requirements to protect your business from potential risks. American Incorporators can help with many of these next steps and point you in the direction for any we do not handle internally. 

Incorporating your business is a significant first step toward a successful entrepreneurial journey. By following these steps and leveraging professional help from American Incorporators, you can ensure that your business has a strong and compliant foundation.

Ready to start your business journey? 

Explore Our Incorporation Packages Here: https://www.ailcorp.com/packages or you can contact American Incorporators today for personalized guidance and expert incorporation services! Call (800) 421-2661 or email us at info@ailcorp.com

Topics: LLC Creation, Tips & Tricks, Limited Liability Companies, Registered Agent, incorporation process, Naming a Business, starting a business, create a corporation, C Corporation, incorporate your company, Entrepreneur, EIN

5 Tips on Naming a Business

Posted by American Ltd on Sep 12, 2019 2:25:23 PM

Today we're revisiting a helpful post, co-written with insight from Incorporating Specialist Curt Sweltz, a 15+ year contributor here at American Incorporators.

78375487Deciding on a business name will be one of the most exciting steps of your incorporation process. Your business name is going to be one of the largest parts of your brand's identity. You can get creative – but try to have the name maintain some relevance to your service or product. You’ll want the name to have a meaning to the customer. At the same time, don’t be too generic. If you use something like “National Service Co.,” chances are it will be less distinguishable from companies with similar names.

After you’ve ironed out the creative details, you’ll have to worry about state level issues. To make things easier, keep these tips in mind when naming a business:

  • Your name may be available in one state, but not another.

Corporations and LLCs are “state-level filings.” This means that if a name is available in Iowa, this does not mean it will be available in Kentucky. When a name is submitted to your chosen state of formation, the state checks it only against the incorporated and LLC names in their state records.

  • Create 2-3 Distinct options.

Adding “s,” “the,” “and,” or “&” is not enough to distinguish a name and will rarely change the acceptability of a name. For example, if a company is named “Frank’s Lawn Service LLC,” the state will most likely reject a request to form “Frank’s Lawn Service LLC.” 

  • An LLC may be able to have the same name as a Corporation.

While this is not the case in all states, California will allow an LLC to have the same name as a Corporation, even if they are not related. So, Joe Jacobs from Arkansas can form “ABC LLC” in California, and Amy Alan in Ohio can in incorporate “ABC Inc.” even though the companies have no relation.

  • Decide on a Corporate Ending.

This can be simple. Most states will require your business to have a “corporate ending.” Corporations can typically decide from Incorporated, Inc., Corporation, and Limited. LLCs can use LLC or Limited Liability Company. Keep in mind, these corporate endings do vary by state, and some states will offer more options.

  • Take advantage of your resources.

American Incorporators offers a free name search service in all 50 states. Checking the name before submitting your filing will save you time and money. 

So while it may seem like an easy step, naming a business can become complicated. Take a look at these articles with suggestions and stories about naming your business:

                8 Mistakes to Avoid When Naming Your Business.

                Tips on Naming a Product 

Don’t forget, our free name search is always available. If you’d like to do more research, our State Specific Information Section also offers information on state requirements. Please post any questions or share some the business name blunders you’ve encountered!

 

Editor's Note: This post appeared previously on our blog.

Topics: Tips & Tricks, State Specific Information, Naming a Business