How to File Articles of Incorporation in Michigan
Filing Articles of Incorporation is an essential step for anyone looking to establish a corporation in Michigan. This legal document officially creates your corporation and outlines its basic details. Below is a comprehensive guide on how to file Articles of Incorporation in Michigan.
1. Choose a Corporation Name
Before filing, ensure that your desired corporation name is unique and compliant with Michigan naming laws. The name must include "Corporation," "Incorporated," or "Company" (or abbreviations like "Corp.," "Inc.," or "Co."). You can check name availability through the Michigan Department of Licensing and Regulatory Affairs (LARA) website.
2. Designate a Registered Agent
Your corporation must have a registered agent in Michigan. This individual or business entity is responsible for receiving legal documents on behalf of your corporation. The registered agent must have a physical address in Michigan (not a P.O. Box).
3. Prepare Your Articles of Incorporation
To file, you will need to prepare the Articles of Incorporation form. In Michigan, you can choose between several forms, depending on your corporation type (for profit, non-profit, etc.). The basic information typically required includes:
- Corporate name
- Purpose of the corporation
- Number of shares authorized
- Name and address of the registered agent
- Incorporators’ names and addresses
4. File the Articles of Incorporation
You can file your Articles of Incorporation online through LARA's Corporation Division, or you can submit a paper form by mail or in person. If filing online, visit the LARA website and follow the instructions. For paper filings, send your completed form to:
Michigan Department of Licensing and Regulatory Affairs
Corporations, Securities & Commercial Licensing Bureau
P.O. Box 30054
Lansing, MI 48909
5. Pay the Filing Fee
The filing fee for Articles of Incorporation varies based on the type of corporation. Typically, the fee ranges from $50 to $100. Be sure to check the current fees on the LARA website to ensure you include the correct amount with your filing.
6. Obtain an Employer Identification Number (EIN)
After your Articles of Incorporation are approved, you will need to obtain an Employer Identification Number (EIN) from the IRS. This number is necessary for tax purposes and for hiring employees. You can apply for an EIN online through the IRS website.
7. Create Corporate Bylaws
Once your corporation is formed, it’s important to draft corporate bylaws. These are the internal rules that govern how your corporation operates and outlines the rights and responsibilities of shareholders, directors, and officers.
8. Hold an Organizational Meeting
After filing, hold an initial organizational meeting. During this meeting, you will approve the bylaws, issue shares to stockholders, and appoint the initial board of directors.
9. Compliance and Reporting
Following the establishment of your corporation, you must comply with Michigan’s ongoing reporting requirements. Annually, corporations are required to file an Annual Report. This report typically includes updates on the corporation's address, business activities, and the names of officers and directors.
In summary, filing Articles of Incorporation in Michigan involves several crucial steps. From selecting a unique name to confirming compliance with state requirements, every detail matters in successfully establishing your corporation. Always consult with a legal professional for tailored advice to ensure a smooth incorporation process.