State Filing Guide: What to Expect When Forming Your Business

Everything You Need to Know About Filing Your Business

Forming a business involves filing official documents with your state government. While the process varies by state, the general steps are similar across the country.

Step 1: Choose Your State of Formation

You can form your business in any state, regardless of where you live. Popular choices include:

• Delaware — Preferred by corporations seeking VC funding.
• Wyoming — No state income tax, strong asset protection, popular for LLCs.
• Nevada — No state corporate income tax, strong privacy protections.

Important: If you form in a different state than where you operate, you'll likely need to foreign qualify in your operating state.

Step 2: Choose and Verify Your Business Name

Every state requires your business name to be distinguishable from existing registered entities.

Step 3: Prepare Your Formation Documents

The specific documents depend on your entity type. These typically include business name, address, registered agent, business purpose, and management structure.

Step 4: File with the State

Documents are submitted to your state's filing office along with the required filing fee.

Typical State Filing Fees:

• LLC: $50–$500 depending on the state
• Corporation: $50–$300 depending on the state

Step 5: Post-Filing Essentials

1. Get an EIN — Apply for an Employer Identification Number from the IRS
2. Open a Business Bank Account
3. Create an Operating Agreement or Bylaws
4. Obtain Business Licenses & Permits
5. Register for State Taxes

Common Mistakes to Avoid

• Not choosing a registered agent
• Using a P.O. Box as your registered agent address
• Forgetting annual reports
• Commingling personal and business funds
• Not filing in your operating state

Explore our formation services → or contact us with questions.