How Do You Incorporate a Business Outside of Your Home State?

If you choose to incorporate outside of your home state, you will have to qualify as a foreign corporation in your own home state. For example, suppose you form your corporation in Delaware, Wyoming or Nevada. These are the most popular states for incorporating, but are physically present in another state. This means your business will be a foreign corporation in your home state.

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Where to Incorporate an Internet Based Business

The process of choosing a state to incorporate an Internet business is not substantially different than choosing where to incorporate a brick and mortar business. You must first ask yourself where you will be conducting all or the majority of your business. You should also consider other business issues such as privacy and tax benefits.

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How To Set Up a Corporation

The actual formal process of creating a corporation is known as incorporation. The process involves completing and filing a Certificate of Incorporation or Articles of Incorporation and paying a filing fee. Each state has its own set of laws governing the process of incorporating. Corporate existence starts when the Articles of Incorporation are filed with the state office that handles incorporations (e.g., usually the Secretary of State or Corporation Commissioner), along with the required filing fees. Accelerated incorporations or same day filings are available in some states.

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What does Deceptive Act mean under the FTCA?

The Federal Trade Commission Act (FTCA) business regulations, originally passed in 1914, prohibit unfair competition by outlawing “unfair or deceptive acts or practices in or affecting commerce.” FTCA business regulations apply to all individuals and businesses engaged in commerce, even banks.

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Benefits of Operating as a Sole Proprietorship

Forming a sole proprietorship can be a great way for a single business owner to get a business up and running. Because a sole proprietorship is fairly unstructured, it will allow you to concentrate on building your business, and worry less about the business formalities required to form a corporation or a limited liability company (“LLC”). However, while there are pros to forming a sole proprietorship, there are cons as well.

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What Steps Do I Need to Take to Set-Up a Sole Proprietorship?

A sole proprietorship is one of the easiest types of business entities to set up. For this reason alone, a sole proprietorship is often an attractive option to a small business owner. In fact, you may already be operating as a sole proprietor just by conducting business on your own. Depending on your local laws, you may not even be required to register your business. However, while registration may be unnecessary, it is a great way to protect your business. In addition to registering your business as a sole proprietorship, there are several other steps you should take along the way to ensure that you protect both your business, as well as your personal assets.

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Legal Requirements for Maintaining Corporate Status

Corporate status, or a corporation business structure, may be the right choice for a business you intend to start, but establishing and maintaining corporate status may involve some careful decision making on your part. If you have already started a business, you may change its legal entity in order to gain corporate status if you wish.

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Can You Set Up a Corporation Without a Lawyer?

While setting up a corporation without the help of an attorney is possible, you may want to take a look at all the variables before deciding to embark on this adventure by yourself. Aside from a corporation being a different legal structure than a partnership, LP or an LLP, there are different legal structures within the corporate form as well.

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The Role of Directors and Officers in a Corporation

Depending on the company, the board of directors and officers can be made up of the same individuals. The board of directors and officers often work together closely, but play very different roles in the corporation. The board of directors is also referred to just directors.

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The Organizational Structure of a Corporation

Corporations can have many structures, but the most typical corporation organizational structure consists of the board of directors, the officers, employees, and the shareholders or owners. In larger corporations, each of these groups may involve many people.

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