Incorporation Steps FOR An American Subsidiary 

The steps for incorporating your company can vary depending on the type of business and the state in which you choose to incorporate. Atom Law Group uses our experience in representing businesses to assist in these legal processes.

Incorporation Process

  • Choose a business name: The name of your company must be unique and not already in use by another business in the state in which you are incorporating.
  • Choose a registered agent: This is an individual or business entity that will accept legal documents on behalf of the company.
  • File articles of incorporation: This is the legal document that formally establishes the company and includes information such as the company's name, registered agent, and shareholders.
  • Obtain any necessary licenses and permits: Depending on the nature of the business, there may be additional licenses or permits required by federal, state, or local authorities. It is important to remember that different states and cities have different licensing requirements. Once you decide which state and city you wish to be located in, you should determine if individual licenses are required.
  • Create corporate bylaws: These are the internal rules that govern the company and its shareholders.
  • Hold an organizational meeting: This is a meeting of the company's incorporators, shareholders, and/or directors to adopt bylaws, elect directors, and authorize the issuance of shares.
  • Obtain an Employer Identification Number (EIN) from the IRS.
  • File any necessary state taxes and register with the state tax agency.
  • Obtain any necessary local licenses and permits.

It's important to note that the steps may vary depending on the type of entity you are incorporating as (LLC, C-Corp) and the state you choose to incorporate in.

Articles of Incorporation For Your Company’s American Subsidiary

Articles of incorporation, also known as a certificate of incorporation or corporate charter, are the legal documents that formally establish a corporation and create a separate legal entity. They typically include information such as the company's name, registered agent, and shareholders.

The articles of incorporation generally contain the following information:

  • The corporate name and the state of incorporation
  • The corporation's purpose
  • The number of shares the corporation is authorized to issue
  • The names and addresses of the incorporators
  • The name and address of the registered agent
  • Any provision for managing the corporation, such as the number of directors and the powers of the board of directors
  • Any provision for the management of the corporation by the shareholders
  • Any provision for the corporation's bylaws
  • The articles of incorporation must be filed with the state government in the state where the corporation is being formed, and a fee is usually required to file them. Once the articles are filed and accepted by the state, the corporation is officially formed and can begin to conduct business.
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