Share-Based Ownership
Shares make it easier to define equity, issue stock and build a formal ownership structure.
Corporation formation
Corporation Formation
Corporation Formation
Incorporate in Any U.S. State
Form a corporation in any U.S. state. Share your state and structure, and we prepare and submit the incorporation filing while you track progress from one dashboard.
- Secure & Confidential
- All 50 States
- State-Specific Guidance
Answer first
What Is a Corporation?
A corporation is a legal business entity created under state law by filing an incorporation document with the state. Its owners are shareholders, directors and officers generally handle governance, and the corporation exists separately from its shareholders.
Quick answer: founders generally choose a state and name, appoint a registered agent, file Articles or a Certificate of Incorporation, name directors and officers, adopt bylaws, issue shares and get an EIN. Fees and filing names vary by state.
- ShareholdersOwn the shares and elect the board
- Board of DirectorsOversees the business, appoints officers
- OfficersRun the company day to day
Why Founders Choose a Corporation
The right structure depends on ownership, tax treatment, financing plans and where you operate.
Formal Governance
Directors, officers, bylaws and records give a clear framework for decisions.
Investor & Growth Structure
Commonly used by companies planning outside investment, employee equity or more complex ownership.
Perpetual Entity Structure
The corporation can continue as shareholders change, subject to state law and its governing documents.
What’s included
Everything You Need to Get Your Corporation Started
We organize the state filing and keep your incorporation details, documents and next steps together.
- Business name availability check
- Preparation of the state incorporation filing
- Submission to the state filing office
- Registered agent service when included in your package
- EIN application support when included in your package
- Bylaws and organizational-document support when included
- Secure online access to available documents
- Status updates and compliance reminders based on your plan
How it works
Form Your Corporation in Four Clear Steps
You share the business and ownership details; we organize the filing and keep you informed as it moves through the state.
State approval times vary
Step 1 of 4
Some states offer expedited filing for an additional government fee.
State selector
Choose Your State of Incorporation
Filing fees, share-based filing rules, registered-agent requirements, annual reports and franchise taxes differ by state. Pick yours to see what applies.
C Corporation and the S Corporation Election
A corporation is created under state law. “C” and “S” describe how it is taxed federally; an S corporation is usually not a separate type of state entity.
21%
C corporation The default
The federal corporate income tax rate on taxable income. A C corporation is a separate federal taxpayer and generally files Form 1120.
State corporate taxes, franchise taxes and tax on dividends paid to shareholders can also apply.
S corporation election IRS Form 2553
Eligible domestic corporations can elect pass-through federal tax treatment, though some entity-level taxes can still apply. The general IRS rules:
- A domestic corporation
- No more than 100 shareholders
- Generally individuals, certain trusts and estates
- No nonresident alien shareholders
- Only one class of stock
File within 2 months and 15 days of the start of the tax year the election should take effect, or during the year before.
Corporate governance
Organize the Corporation Properly
Formation is only the beginning. Corporations generally have more formal internal governance than LLCs.
- Adopt and maintain corporate bylaws
- Appoint the initial directors and officers
- Approve organizational actions and opening resolutions
- Issue shares and keep an accurate stock ledger
- Record important director and shareholder decisions
- Keep state filings, tax accounts and licenses current
Share structure
- Authorized shares
- Set in your incorporation filing
- Par value
- Set by the corporation, where used
- Issued shares
- Approved by the board
- Stock ledger
- Kept current
Some states base the filing fee or franchise tax on authorized shares, so set them deliberately.
International founders
Can a Non-U.S. Founder Own a U.S. Corporation?
In many situations, yes. The founder still needs to handle state incorporation, a registered agent, an EIN, federal and state tax, banking and any industry rules.
- Own a C corporation?
- In many situations, yes
- Be an S corporation shareholder?
- Generally no, for nonresident aliens
- Does the corporation need an EIN?
- Yes, corporations need one
- Does forming one give a visa?
- No, immigration is separate
Your corporation needs an EIN. The IRS issues it free to eligible applicants; any In50States EIN charge is our service fee, not an IRS fee.
Comparison
C Corporation, S Corporation or LLC?
The right structure depends on ownership, tax eligibility, financing, investor expectations, governance needs and where the business operates.
| Structure | Common fit | Key consideration |
|---|---|---|
| C Corporation | Startups and companies planning several share classes, outside investment or broad ownership | A separate federal taxpayer at the 21% federal rate; earnings can be taxed again when paid out to shareholders. |
| S Corporation | Eligible, closely held U.S. businesses seeking pass-through federal tax treatment | Strict eligibility: no more than 100 shareholders, no nonresident aliens and generally one class of stock. |
| LLC | Founders seeking flexible management and ownership under state law | Federal tax treatment depends on ownership and elections; equity and governance differ from a corporation. |
Formation state
Should You Incorporate in Delaware or Your Home State?
Delaware is widely used by venture-backed and more complex corporations, but it isn’t automatically the best state for every business.
DelawareWhere you incorporate
Foreign qualification + a second registered agent
Your home stateWhere you operate
Operating mainly in one state? Incorporating there can reduce duplicate state registrations. Companies seeking institutional investment should weigh Delaware with legal and tax advisers.
Choose the Right Corporation Formation Package
Start with the filing support you need today and add EIN, registered agent, governance and ongoing compliance support as you grow.
Starter Filing
Essential incorporation support
$— + state fees
- Corporation formation & filing
- Name availability check
- Registered agent when included
- Email support
Formation Plus
Starter plus EIN and governance
$— + state fees
- Everything in Starter Filing
- EIN support
- Governance-document support
- Annual report reminders
- Client portal access
Complete Compliance
Ongoing support
$—/year + state fees
- Everything in Formation Plus
- Recurring state compliance support
- Business & tax consultation where included
- Priority support
Government filing fees are separate and vary by state. Compare All Features
Client portal
See the Client Portal
Your Corporation, Documents & Compliance in One Place
Incorporation progress, documents and recurring tasks together. Select a tile to see what it shows.
Corporation Formation Example
- Order Received
- Prepared
- Filed
- In Review
- Approved
Company Status: View your corporation, formation state and service status.
Why In50States
Formation Support That Continues After Incorporation
- Coverage across all 50 states
- State-specific formation guidance
- Customer portal for status and documents
- Registered-agent and compliance services
- Support for U.S. and international founders
- Connected EIN, tax, bookkeeping and payroll services
FAQ
Corporation Formation Frequently Asked Questions
How do I form a corporation?
A corporation is formed under state law by filing Articles of Incorporation, a Certificate of Incorporation or a similarly named document with the state filing office. The filing normally includes the corporate name, registered-agent information and other details the state requires.
How much does it cost to form a corporation?
The total cost depends on the state filing fee, any share-based or franchise-related charges, optional expedited fees and the service package you select.
How long does corporation formation take?
Processing time depends on the state filing office and the filing method. Some states offer expedited processing for an additional fee.
What is the difference between a corporation and a C corporation?
A corporation is the state-law entity. “C corporation” describes the ordinary federal income-tax treatment that generally applies unless the corporation makes a valid election for different tax treatment.
What is an S corporation?
An S corporation is generally a qualifying domestic corporation that has made a federal S election with the IRS. It is not usually a separate type of state entity.
Can every corporation elect S corporation status?
No. IRS eligibility rules limit the number and type of shareholders, prohibit nonresident alien shareholders and generally allow only one class of stock.
Can a foreign person own a U.S. corporation?
In many situations, a foreign person can own a U.S. C corporation. S corporation eligibility is different and generally prohibits nonresident alien shareholders.
Does a corporation need a registered agent?
Corporations generally need a registered agent in the state where they are incorporated and in each state where they are registered to do business (foreign-qualified).
Does a corporation need an EIN?
Yes. The IRS states that corporations need an EIN, which is used for tax filings and many business processes such as banking and payroll.
Do I need corporate bylaws?
Bylaws are a corporation’s core internal governance document. State filing offices usually don’t file them with the formation document, but they matter for running the corporation.
Do I need to issue shares immediately?
A corporation should properly authorize and document its share issuance as part of getting organized. The timing and securities-law requirements depend on the corporation and the transaction.
Should I incorporate in Delaware?
Delaware can suit certain startups and more complex corporations, but forming there can add foreign-qualification, registered-agent, tax and compliance obligations if the business operates in another state.
What happens after the corporation is approved?
Common next steps include getting an EIN, adopting bylaws, appointing officers, passing organizational resolutions, issuing shares, opening business accounts and tracking state reports, taxes and licenses.
Can I convert an LLC to a corporation later?
Many states offer conversion, merger or other restructuring procedures, but the legal and tax consequences should be reviewed before changing entity type.
No questions match that search. Ask our team
Related services
Keep Your Corporation Moving After Formation
Registered AgentA reliable contact for official state and legal notices.View Registered Agent
EIN ApplicationSupport with the federal tax ID for your corporation.Get EIN Support
Annual ReportsStay ahead of recurring state filings and deadlines.View Annual Reports
Business ComplianceKeep state requirements and entity details organized.View Compliance
BookkeepingKeep corporate financial records organized as you grow.Explore Bookkeeping
PayrollPayroll and employment-tax workflows as you begin hiring.Explore Payroll
Ready to Start Your Corporation?
Choose your state, define your corporate structure and begin your order. We’ll help you move from incorporation to EIN, governance and ongoing compliance.
State government fees, corporate filing rules and processing times vary by state.