What Are Articles Of Incorporation?

Articles of incorporation is a public document that a corporation files with the Secretary of State in the state it is registering in. This public record tells people key details about the company. Details include the corporation name, contact information and details about corporate stock.

Most Secretary of State offices have a template form for you to complete the articles of incorporation. This form will walk you through the company’s essential information. As long as you complete all details, you’ll complete the articles of incorporation.

On the form, expect to find the following:

• Name of corporation
• The principal address of the corporation
• General business purpose
• The duration of the corporation if it isn’t intended to exist perpetually
• The registered agent’s name and address (a registered agent is required in most states so that the company has a representative in the state available to accept legal documents)
• Number and types of stock shares issued
• Name and address of the incorporators (the person or persons starting the company)
  Incorporator’s signature(s)

Many states offer an electronic version of the articles of incorporation, expediting the process of filing them and getting your corporation registered.

Entities Required To File Articles of Incorporation

Any new corporation must file articles of incorporation. This is true for all corporations across all states. The form may look slightly different from state to state as each state has its own requirements.

Articles of organization is a similar form required for limited liability companies (LLCs). This form contains much of the same data as the articles of incorporation, but without the stock information since an LLC doesn’t have stock shares issued.

Why Articles of Incorporation Are Important

The articles of incorporation are vital because they provide all relevant information the state needs to establish the new company. Information about registered companies is public information; thus, the details found in the articles of incorporation become the basis of that public record.

Most states require that the articles of incorporation be filed with the state’s Secretary of State. In some states, another agency handles the filing of these forms. Search for the agency that registers new businesses in the state. You will locate the form either as a PDF or as an online form for you to complete.

When the form is complete, you submit it with the filing fee. The state will then review the articles of incorporation and likely approve it. Once it is approved, you will receive a certificate of formation from the state. This is the official document that states that the company is a legal corporation.

Once you have the certificate of formation, you will complete other important company documents and accounts. The first is the bylaws. Bylaws don’t need to be registered with the state but serve as a document that explains how the corporation will be run, including the rights and responsibilities of the officers, directors and shareholders. You next need to obtain an employer identification number from the IRS that helps you establish bank and credit accounts and allows you to file taxes.

Bottom Line

The articles of incorporation is a necessary document to create and register a new corporation with the state. This document sets up the business as its own separate entity and allows the company owners to legally run the company. It’s a simple form that takes just a few minutes to complete and becomes the basis for the company’s public record on the state’s website.