FORMING A CORPORATION

Incorporate Your Business — With Attorney-Backed Support

Corporations come with powerful benefits, but they also require the right setup and ongoing compliance to work in your favor. That’s why getting it right from day one matters. At LLC Attorney, we don’t just file your paperwork — we guide you through the process with free support from knowledgeable Business Success Advisors backed by real attorneys. We’ll help you choose the right structure, stay compliant, and lay the groundwork for long-term growth.

Corporations requires a trusted partner to help you navigate the rules, avoid mistakes, and plan for growth. Our job is to make sure you understand the basics of forming a corporation before you get started.

What Is a Corporation?

A corporation is a legal entity, separate and distinct from its owners. Each state has its own rules and regulations surrounding corporations.

A corporation has the same rights as individuals to conduct business, such as entering into contracts and borrowing money. There are many advantages to incorporating, but there are rules you need to be aware of.

Every state has its own rules for forming and maintaining a corporation, including paperwork, annual filings, and tax requirements. It’s important to get these right from the start so you don’t run into compliance issues down the road.

There are a lot of upsides to incorporating. Along with liability protection, you may also get tax benefits, more credibility with banks and investors, and an easier path to raising money or bringing on new partners as your business grows.

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Is an LLC a Corporation?

No, a limited liability company (LLC) is a different business entity. Although both offer liability protection, protecting your personal assets from your business liability, they are very different types of business structures.

A corporation is more formal, and as a result it takes more resources to manage. It requires a board of directors, annual meetings, and strict recordkeeping. An LLC is more flexible — fewer formalities, easier to manage.

If you’re raising capital, hiring a lot of employees, or planning to scale fast, a corporation may be the better long-term move.

How to Form a Corporation

Each state has its own requirements to incorporate. Generally, you’ll need a business name, board of directors, registered agent, bylaws, shareholders’ agreement, EIN, and beneficial ownership information. You’ll also select your tax election.

Forming a corporation involves more than just filing paperwork though — it’s about establishing the legal and operational foundation of your business. As part of the process, you’ll need to create and adopt corporate bylaws that outline how decisions are made and how the company is governed. You’ll also need to file Articles of Incorporation with the state to formally establish your business as a corporation.

Once formed, a board of directors must be appointed. This group is responsible for setting high-level policies, overseeing key decisions, and ensuring the company follows its bylaws, fulfills its mission, and stays compliant with all state and federal regulations.

What Are the Different Types of Corporations?

There are several types of corporations, each with unique benefits. C-Corps are the default and can be ideal for businesses seeking formal institutional investment. One of the key aspects to be aware of is that they’re subject to double taxation. S-Corps offer pass-through taxation to avoid that, but have restrictions on shareholders and stock classes.

Our Business Success Advisors can help you understand the differences and determine whether you need a corporation and if you do, which type will best suit your needs.

What Are the Differences Between an S Corp and a C Corp?

The terms S corporations and C corporation represent your company’s tax status. It's important to note that you can form an LLC and elect to be taxed as an S corp. If you choose to take that route, you remain an LLC but leverage the S corp’s pass-through tax advantages. Our Business Success Advisors can help you determine whether you are better off choosing an LLC or if forming a corporation is the best approach for your goals.
S Corporation
C Corporation
Protects your personal assets from your business liability
Protects your personal assets from your business liability
An LLC taxed as an S Corp does not need a board of directors.
Requires a board of directors
Can only have up to 100 owners, so it cannot go public
It’s unlimited shareholders allows a C Corp to go public
Requires meetings and record-keeping
Requires meetings and record-keeping
Owners must be individuals (with few exceptions) and US citizens
Owners can be non-residents, making a C Corp ideal for international business endeavorsThis is some text inside of a div block.
The IRS considers an S Corp a pass-through entity, meaning it passes tax liability through to its shareholders.  

Shareholder(s) then report gains and losses on their personal tax returns, assessed at their individual income tax rates.
A C Corp pays corporate-level taxes. C-corp owners must pay a corporate tax to the federal government and sometimes to their state.  

There are tax deductions that can make a C corp more tax advantageous.
Tend to be smaller companies and single owners
Tend to be larger companies because the structure allows for limitless growth
Because of its shareholder limitations, it’s difficult to raise capital from outside investors
Ideal for raising capital from outside investors

LLC vs. Corporation Quiz:

Find Out Which One Is Right for Your Business

Should You Form an LLC or Corporation?

Struggling to decide between an LLC and a Corporation? Our LLC vs. Corp Quiz helps you choose the right structure for your business with ease.

Your Ideal Business Structure

Incorporate Your Business Online Guided By Attorney-Backed Expertise

You’re 3 Simple Steps Away

We file your company within 24 hours.
You focus on running your business.
1
Speak with a Business Success Advisor who will spend time learning about your business and recommend the best option.
2
Complete our 5 minute order form. We will file your detail with the Secretary of State within 24 busines hours.
3
We'll notify you as soon as your formation is approved and your documents will be available in our portal.

The Benefits of a Corporation

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Protect Your Personal Assets

Like an LLC, a corporation protects your personal assets in the unlikely (but possible) event that someone brings legal action against your business or if you go into debt and cannot repay it.
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Perpetual Structure

A corporation continues to exist even if the owner retires, becomes incapacitated or even passes away. This makes it easier to plan for the future, bring on new leadership, or transfer ownership — all without disrupting the business.
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Improves Your Credibility

Being incorporated adds legitimacy to your business, which can build trust with customers, investors, and partners. Corporations are separate legal entities, which banks require for opening dedicated business accounts so it opens other doors as well.
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Tax Benefits

An S Corp and a C Corp each offer tax advantages like the ability to deduct business expenses, employee benefits, and salaries. Keep in mind when choosing whether to start a corporation that an LLC can also elect S corp taxation without actually incorporating.
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Easier Access to Capital for Growth

The corporation structure exists to support growth. It allows you to issue stock, attract investors, and bring on partners without restructuring your entire business.

Do You Need an LLC or a Corporation?

The answer comes down to the size and goals of your business. Many small businesses start as an LLC and incorporate when they grow.
 
Rarely will small businesses find the increased cost and complexity of actually incorporating worthwhile. Many mistakenly choose a corporation solely for the sub-chapter s taxation election. In fact, limited liability companies may also be taxed as an S corp in addition to a partnership, disregarded entity, or C corporation.

Why LLC Attorney Is the Best LLC Formation Service

Fast

We've done this tens of thousands of times and know how to make it happen quickly. We will file your information with the Secretary of State in 24 business hours. When you’re ready, we’re ready.

Affordable

There’s no need to hire a law firm for your formation. Our streamlined, attorney-backed process keeps pricing low, transparent, and free of surprise fees.

No-Cost Consultations

Our Business Success Advisors are trained directly by attorneys and available anytime you have questions about starting or running a business.