Miami Legal Tips Blog

Your Checklist for Starting a Corporation

businessSo you want to start a corporation. This is an exciting time, but if you’re new to the business world then you may not be sure how to proceed. The absolute best advice you’ll ever get on this subject is simple: Hire an attorney. At Gilbert & Smallman we hope you’ll take advantage of our expertise to make this process much faster, less expensive, and less of a hassle than if you try to do it on your own.

The 17 steps to creating a corporation

No one said this process was going to be quick or easy! The specific checklist for your new corporation may vary, based on the specifics of the company – which is yet another reason that you want to work with an attorney who’s experienced with corporation formation.

  1. Choose a business name. We can help you add the appropriate identifying words the state requires. For example, depending on how you set your corporation up, you may need to include “incorporated,” “limited,” or a few other words.
  2. Search to make sure the name is available. If not, go back to step one.
  3. Register the name of your corporation. If you want to conduct business under a fictitious business name then you’ll need to register that as well.
  4. Choose where to incorporate. Even if your company is run from Florida, you may want to incorporate in another state. We’ll help you understand why that may be the right choice for you.
  5. Choose a board of directors for your corporation. They could be officers of your company, individuals with no stake in the company, or even investors.
  6. Create and sign your Articles of Incorporation. They must then be filed with the Secretary of State. We can help with every aspect of this step.
  7. Write the by-laws of your corporation.
  8. Write a Shareholder Agreement.
  9. File your Articles of Incorporation.
  10. Choose the tax status of your corporation. You may choose to incorporate as a “C” corporation or an “S” corporation. We’ll go over the pros and cons of each.
  11. Open a corporate checking account.
  12. Start keeping minutes of every meeting.
  13. Hold a meeting of your Board of Directors to lay out your goals, vision, and other issues.
  14. If you need to, issue the appropriate certificates to your initial stockholders.
  15. Get the business permits and licenses you need.
  16. Continue to follow all the legal requirements involved in running a company.

As you can see, this process is long and can be complicated. The good news is that Gilbert & Smallman has been through it all many times. We can make the process as simple an

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