Nevada Corporations
at Budget Prices

LEGAL NOTICE:
Information on this site is not intended as and shall not be construed to be LEGAL ADVICE.
When dealing with legal matters, you should always avail yourself of the services of a qualified member of the Bar Association.

Do-It-Yourself Nevada Corporation
Nevada Articles of Incorporation

If you’re considering incorporating, you really should learn why Nevada is simply the best place in which to incorporate. If you need to know how to work with a Nevada corporation in another jurisdiction, check out our Strategies section because no matter where YOU are, a corporate friend in Nevada can prove to be very useful.  If you’re ready to form a Nevada corporation, you are free to use the following step by step guide to help you form a Nevada corporation on your own. Articles of incorporation are for Nevada only and are limited to mandatory minimum provisions. We have staff available to answer your questions as they arise: (702) 870-5351.

At Budget Corporate Renewals, we realize a lot of people are looking for the lowest possible cost when incorporating. Why not do it yourself?

Before you jump right in and “just do it”, however, there are several factors you should consider:

PRIVACY CONCERNS

When you file your own articles of incorporation, you identify who is the initial director and presumably pay for the filing by check or credit card, foregoing PRIVACY.  As we explain on the Online Order page, the record of payment constitutes prima facie evidence as to who owns the corporation, so you might want to keep this in mind if privacy is a concern to you. When we file the articles, we act as the initial director, keeping your name off the public records.  We can even function as the corporation’s officers on the public record (see “Privacy Services” on the Order Form for details).

ONE-PAGE ARTICLES OF INCORPORATION

The Secretary of State provides simple, one-page articles of incorporation that get the job done, fulfilling all minimum legal requirements.  There are, however, some “interesting” provisions in Nevada corporation law of which a more comprehensive set of articles of incorporation might take advantage (and which BCR’s articles do). But if a basic Nevada corporation is what you’re after at the lowest possible cost, the one-page articles of incorporation might be just fine for you. If not, we suggest you either adopt the articles of incorporation from an existing Nevada corporation or copy the articles from The Nevada Corporation Manual for your use.

BYLAWS

Approval of your filed articles of incorporation will commence the corporation’s existence but there is a lot left to be done before the corporation becomes truly functional. It has to be organized and set its own rules of operation, procedures for meetings, etc. and various positions must be filled. This is usually spelled out in the corporation’s Bylaws, which are ratified by the Secretary.  We include a good set of bylaws in every incorporation package but it’s easy enough for you to draw up your own.  A look at any existing corporation’s bylaws will provide you with a working template. Or you can copy the bylaws from The Nevada Corporation Manual for your use.

Setting the above considerations aside in the presumption that they are of no great concern to your specific circumstances, we will now walk you through the procedure, step by step.  (And please keep in mind that our staff will be happy to assist you if you run into questions along the way.)

STEP BY STEP

Step One: Pick a Name

Name Lookup:  Search the Nevada Secretary of State’s database of existing Nevada corporations.  When a name is available you will come up with the result: “Sorry. There are no corporations that match your search string.”  Be careful, however, because this still does not mean the Secretary of State will automatically accept your filing of this name. We suggest you read the section of the law relating to corporate formation before proceeding.

Step Two: File the Articles of Incorporation

Next, download the Secretary of State’s domestic corporation filing package.

Article 1 is just the name of the corporation from Step One.

Article 2 identifies who will act as resident agent for the corporation here in Nevada.  If you know someone who lives in Nevada and would be willing to accept service of legal process for the corporation, you can use that individual as the resident agent. If you’re stuck for a resident agent, we will act as resident agent for a reasonable fee.  You can order this and a number of other services from the Online Order page.

Article 3 specifies the number of shares and whether they are with or without par value. Without getting into a lengthy explanation at this point, suffice it to say that we generally file 75,000 shares with no par value. By not assigning a par value to the shares, you have a great deal of flexibility in the valuation of shares later on. For more information please feel free to speak with one of our staff who can guide you through the process: (702) 870-5351.

Article 4 is the names and addresses of the Board/Trustees.  One person may be listed even though there are spaces for up to three and more can be added on a supplementary sheet, if necessary. Again, when we file the articles your name is kept off the public record.

Article 5 is the corporation’s purpose.  It is rarely a disadvantage to be as general as possible, so we normally fill this in as “All lawful purposes.”

Article 6 specifies the name, address and signature of the incorporator, which is you, since you are handling this filing yourself.

Article 7 is the Certificate of Acceptance for the resident agent. If you are providing your own resident agent, have them sign here showing their acceptance. Otherwise, you will need to use a professional resident agent service such as that offered by BCR, which can be ordered online.

Now that you have the articles of incorporation ready to file, follow the Secretary of State’s instructions for filing and mail the articles along with appropriate fees to either the main office in Carson City (for non-expedited orders) or to the satellite office in Las Vegas (for expedited orders). If you are using BCR’s resident agent service, just send your package to us (our address is at the bottom of almost every page on this site) along with our resident agent fee and we will handle the filing with the Secretary of State on your behalf.

Step Three: Obtain an Employer Identification Number

The next thing with which you must be concerned is filing for the Employer Identification Number.  This is filed using IRS form SS-4.  The EIN is like your Social Security number and will be required in order to establish accounts with suppliers and to set up a bank account.

Step Four: Obtain a Business License

To obtain a business license you must complete the Nevada Business Registration form.  This form must be submitted to Nevada’s Department of Taxation along with the appropriate fee promptly because the Initial List of Officers (Step Six) requires a declaration that the corporation is in compliance with business licensing requirements.

Step Five: Document the Organizational Meeting

At this point you should hold the corporation’s initial meeting. At this meeting the owners should elect a Board of Directors and the Board should appoint the corporation’s officers (President, Secretary and Treasurer for starters). Please note that all of these offices may be held by one individual. Bylaws should be adopted and ratified by the Secretary.  The minutes of this meeting and any resolutions that are promulgated should be kept in a safe place. This documentation is vital in terms of maintaining proper corporate formalities.

Step Six: File the Initial List of Officers

The initial list of officers and directors for the corporation must be filed by the first day of the second month following the month of incorporation.  If you incorporate in May, for instance, you will have to file this list by the end of June (by July 1).  The list must be signed by an officer of the corporation and requires a declaration that the corporation is in compliance with business licensing requirements.

Step Seven: Set Up a Bank Account

You now have the documentation required to establish a bank account for the corporation: a certified copy of your articles of incorporation, your SS-4 application for an Employer Identification Number with the assigned number from the IRS, a printout from the Secretary of State’s database showing the list of officers and complete identification for the account signatory. Allow about half an hour to sit down with a bank officer to get the accoumt established. The bank will require a corporate resolution authorizing the signer. Almost all banks prefer to provide their own resolution form and will provide the form to you for signature by the Board of Directors.

Step Eight: Foreign Corporation Registration (If Doing Business in another Jurisdiction)

If this corporation will be doing business in a foreign jurisdtiction, it will have to register and qualify as a foreign corporation in that jurisdiction. Refer to the set of links for other states’ corporations departments and look up the form required for your particular location. In general, these forms want you to specify who will act as resident agent for the corporation and could require evidence that the corporation is in good standing here in Nevada. This certificate is commonly called a “Certificate of Good Standing” but is more formally known as a “Certificate of Existence with Status in Good Standing”. Simply make a request of the Secretary of State using their Customer Order Instructions form accompanied by the appropriate fee, whether expedited or not, and send to the Secretary of State either in Carson City (non-expedited) or in Las Vegas (expedited). You can also order a Certificate of Existence with Status in Good Standing on our Online Order page.

That’s it! We hope this step by step guide has helped you do it yourself and form a Nevada corporation on your own. If you have questions, please feel free to contact our helpful staff, who can guide you through the process:

(702) 870-5351

Info@BudgetCorporateRenewals.com

Please contact us with questions or comments:
Budget Corporate Renewals, Inc.
Phone: (702) 870-5351; FAX: (702) 880-7044
PO BOX 26930 - LAS VEGAS, NV 89126


LEGAL NOTICE: Information on this site is not intended as and shall not be construed to be LEGAL ADVICE.
When dealing with legal matters, you should always avail yourself of the services of a qualified member of the Bar Association.
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