Knowledge Center

Frequently Asked
Questions

Get answers to common questions about our business formation services

General Questions

Common questions about our services

Do I need an attorney to start my business?

No, you don't need an attorney for basic business formation. Our services are designed to be more affordable than law firms while still providing professional, compliant setup. With 10+ years of banking industry experience, we guide you through the process correctly the first time. We handle all the paperwork, filings, and documentation. However, if you have complex legal issues, unique ownership structures, or intellectual property concerns, we can refer you to trusted attorneys.

How long does it take to form an LLC?

The timeline depends on your state and service level chosen:

  • Standard Processing: 2-4 weeks (state processing time)
  • Expedited Processing: 5-10 business days
  • Rush Processing: 1-3 business days (where available)

We prepare and submit your documents within 24 hours of receiving your information. The rest depends on your state's processing times.

Are there any hidden fees?

No hidden fees - ever. Our service includes:

  • Document preparation and filing
  • Operating Agreement or Bylaws
  • Registered agent service (first year)
  • Compliance calendar
  • Lifetime customer support

State filing fees are included in the package price. The only additional costs are optional add-ons like EIN service, corporate kits, or expedited processing. For complete pricing details, please visit our pricing page.

Can I do this completely online?

Yes! Our entire process is 100% online and paperless:

  • Fill out a simple online questionnaire
  • Pay securely online with credit card or ACH
  • Receive documents via email in PDF format
  • Track your order status through our portal
  • Communicate with us via email, phone, or chat

No office visits required. Everything from start to finish can be done from your computer or phone.

Do you offer EIN service?

Yes! We offer EIN (Employer Identification Number) service as an add-on to any package. Your EIN is like a social security number for your business and is required for:

  • Opening a business bank account
  • Hiring employees
  • Filing business tax returns
  • Keeping personal and business finances separate

We handle the entire IRS application process and typically receive your EIN within 1-2 business days. You can also apply directly with the IRS for free, but our service saves you time and ensures it's done correctly. For pricing details, visit our pricing page.

Can you help me stay compliant after formation?

Absolutely! Staying compliant is crucial for maintaining your business's legal protection. We offer comprehensive ongoing compliance support:

  • Compliance Calendar: Included free with every formation - tracks all your filing deadlines
  • Filing Reminders: Email alerts before important deadlines
  • Annual Report Filing: We can file your annual reports/statements of information
  • Registered Agent Service: Ongoing service available after first year
  • Compliance Consulting: Guidance on corporate records, meetings, and documentation

We also offer monthly compliance packages that include registered agent service, filing reminders, and ongoing support. For pricing details, visit our pricing page.

LLC Formation

Questions about Limited Liability Companies

What's included in your LLC formation package?

Our comprehensive LLC package includes everything you need to start your business:

Formation Services

  • Name availability search
  • Articles of Organization preparation
  • State filing submission
  • Operating Agreement (customized)

Support & Tools

  • Registered agent (1 year free)
  • Compliance calendar
  • Banking setup guidance
  • Lifetime customer support

State filing fees are included in our $595 packages. For complete pricing information, please visit our pricing page.

Do I need an LLC or a DBA?

This is one of the most common questions! Here's the key difference:

LLC (Limited Liability Company)

  • Separate legal entity - protects personal assets
  • Can open business bank accounts
  • Better for growth and credibility
  • Tax flexibility (S-Corp election available)

Best for: Most businesses

DBA (Doing Business As)

  • Just a name registration - no legal protection
  • You're still operating as yourself
  • Less expensive and faster
  • Good for testing business ideas

Best for: Sole proprietors, side hustles

Our Recommendation:

If you're serious about your business, choose an LLC. The personal liability protection alone is worth it. You can always start with a DBA and upgrade to an LLC later, but it's easier and more cost-effective to start with an LLC.

Can I form an LLC in any state, or does it have to be where I live?

You can form an LLC in any state, but for most small businesses, we recommend forming in your home state. Here's why:

Form in Your Home State If:

  • You operate primarily in one state
  • You have a physical location or employees
  • You want to minimize fees (no foreign qualification needed)
  • You're a small to medium-sized business

Consider Delaware or Wyoming If:

  • You're raising venture capital (Delaware preferred by investors)
  • You need specialized business court systems
  • You operate in multiple states or online only
  • You want maximum privacy (Wyoming offers strong privacy protections)

Important: If you form in Delaware but operate in California, you'll need to register as a "foreign LLC" in California, which means double the fees and filings. We help you make the right choice based on your specific situation.

What's an Operating Agreement and do I really need one?

An Operating Agreement is a legal document that outlines how your LLC will be run. While most states don't require it, you absolutely should have one - even for single-member LLCs. Here's why:

Legal Protection

  • Strengthens your liability protection
  • Prevents state default rules from applying
  • Shows you're treating LLC as separate entity

Business Operations

  • Defines member roles and responsibilities
  • Outlines profit distribution
  • Sets rules for adding/removing members

Banking & Business

  • Required by most banks to open accounts
  • Needed for investors or loans
  • Shows professionalism to partners

Conflict Prevention

  • Prevents disputes between members
  • Provides clear decision-making process
  • Defines exit strategy

Included in All Our Packages:

We provide a customized Operating Agreement tailored to your business structure, number of members, and management preferences. No generic templates - each one is personalized for your specific needs.

Can I be my own registered agent?

Technically yes, but we strongly recommend using a professional registered agent service. Here's why:

Problems with Being Your Own Agent:

  • Your home address becomes public record
  • Must be available 9-5 on business days
  • Legal papers served at your door
  • Unprofessional for business image
  • Can't operate if you move or travel

Benefits of Professional Service:

  • Privacy protection for your address
  • Documents scanned and emailed to you
  • Professional business address
  • Never miss important legal notices
  • Compliance reminders and alerts

Our Registered Agent Service: First year included with all packages. For ongoing pricing, please visit our pricing page.

Banking Professional Insight:

When opening business bank accounts, having a professional registered agent service (rather than your home address) makes your business look more established and legitimate to banks.

DBA / FBN Filing

Questions about Fictitious Business Names

What is a DBA and when do I need one?

DBA stands for "Doing Business As" (also called Fictitious Business Name or Trade Name). It allows you to operate your business under a name different from your legal name or LLC name.

You Need a DBA If:

  • You're a sole proprietor wanting to use a business name (e.g., "John Smith" doing business as "Smith's Plumbing")
  • Your LLC wants to operate under multiple brand names
  • You want to open a business bank account with a trade name
  • You need to accept payments under a business name
  • Your state requires it for business licensing

Important Note:

A DBA does NOT provide liability protection. It's just a name registration. If you want legal protection for your personal assets, you need an LLC or corporation.

How much does DBA filing cost?

DBA filing costs vary significantly by state and county. Our service includes:

  • Name availability search
  • Document preparation
  • County filing submission
  • Publication arrangement (if required)
  • Certified copies

State and county filing fees vary by location. For detailed pricing information, please visit our pricing page.

Publication Costs:

Some states (like California and Arizona) require publishing your DBA in a local newspaper. We handle all publication arrangements for you.

Does a DBA expire? Do I need to renew it?

Yes, DBAs expire and must be renewed. The renewal period varies by state:

Every 5 Years

  • • California
  • • Arizona
  • • Nevada
  • • Washington

Every 2-3 Years

  • • New York
  • • Illinois
  • • Pennsylvania

No Expiration

  • • Texas
  • • Florida
  • • Ohio

What Happens If You Don't Renew:

  • • Your business name becomes available for others to use
  • • You can't legally operate under that name
  • • Banks may close your business account
  • • You could face penalties or fines

We've Got You Covered:

All our DBA filings include a compliance calendar with automatic renewal reminders. We'll email you 60 days before your renewal is due so you never miss a deadline.

Can my LLC have a DBA?

Absolutely! Many LLCs use DBAs, and it's a smart strategy for several reasons:

Common Reasons LLCs Use DBAs:

  • Multiple Business Lines:

    ABC Marketing LLC doing business as "Web Design Pro" and "Social Media Masters"

  • Multiple Locations:

    Smith Restaurants LLC doing business as "Downtown Bistro" and "Riverside Cafe"

  • Privacy Protection:

    Keep your LLC name private while operating under a public brand name

  • Testing New Brands:

    Launch new products/services without forming new LLCs

Best Practice:

Use your LLC for legal protection and tax benefits, then operate under DBAs for branding flexibility. This gives you:

  • ✓ Single LLC to maintain (lower costs)
  • ✓ Multiple brand names for different markets
  • ✓ Simplified accounting and taxes
  • ✓ Maximum flexibility to pivot or expand

Corporation Setup

Questions about S-Corps and C-Corps

What's the difference between an S-Corp and C-Corp?

Both are corporations, but they're taxed very differently. Here's a detailed comparison:

S-Corporation

Taxation:

Pass-through taxation - profits flow to your personal tax return. No double taxation.

Tax Savings:

Can save 15.3% on self-employment taxes by splitting income into salary + distributions.

Ownership Limits:

Max 100 shareholders, must be US citizens/residents.

Stock Types:

Only one class of stock allowed.

Best For:
  • • Small to medium businesses
  • • Profitable businesses
  • • Service-based businesses
  • • Businesses with US-only owners

C-Corporation

Taxation:

Double taxation - corporation pays taxes, then you pay taxes on dividends.

Tax Rate:

21% flat corporate tax rate (can be advantageous for high earners).

Ownership Limits:

Unlimited shareholders, can be foreign investors.

Stock Types:

Multiple classes of stock allowed (common, preferred, voting, non-voting).

Best For:
  • • Venture-backed startups
  • • Companies seeking investment
  • • Businesses planning to go public
  • • International ownership

Tax Savings Example:

As an S-Corp, you can split your income between salary (subject to payroll taxes) and distributions (no payroll taxes). This strategic split can result in significant annual tax savings compared to an LLC taxed as sole proprietorship. The exact savings depend on your profit level and industry.

Can I convert my LLC to an S-Corp?

Yes! This is one of the most common and beneficial business moves. You don't need to form a new company - you just file Form 2553 with the IRS to elect S-Corp tax treatment.

How S-Corp Election Works:

1
Keep Your LLC:

Your LLC remains an LLC legally - this is just a tax election

2
File Form 2553:

Submit to IRS (we handle this for you)

3
Start Payroll:

Set up payroll to pay yourself a reasonable salary

4
Save on Taxes:

Begin taking distributions and saving on self-employment taxes

Requirements:

  • ✓ LLC must be profitable
  • ✓ Must pay yourself reasonable salary
  • ✓ Need to run payroll
  • ✓ US citizens/residents only

Our Service:

  • ✓ Eligibility assessment
  • ✓ Tax savings calculation
  • ✓ Form 2553 preparation & filing
  • ✓ Payroll setup guidance
  • ✓ Reasonable salary determination

For pricing details, visit our pricing page.

Important Deadline:

To have S-Corp status for the current tax year, you must file by March 15th. Miss this deadline and you'll have to wait until next year. We can help you file on time!

What's a "reasonable salary" for S-Corp owners?

This is the #1 question S-Corp owners ask - and it's crucial to get right. The IRS requires S-Corp owners who work in the business to pay themselves a "reasonable salary" before taking distributions.

Why This Matters:

The IRS audits S-Corps specifically for this. If they determine your salary is too low, they can:

  • • Reclassify distributions as wages
  • • Charge you back payroll taxes + penalties
  • • Add interest on unpaid taxes
  • • Potentially revoke your S-Corp status

How to Determine Reasonable Salary:

Industry Standards:

What would you pay someone else to do your job? Check BLS.gov, Glassdoor, Indeed for comparable positions.

Time & Effort:

How much time do you spend working in the business? Full-time = higher salary requirement.

Skills & Experience:

Your education, training, and expertise in your field.

Company Profitability:

Your salary should be a reasonable percentage of total revenue/profit.

General Guidelines:

The reasonable salary varies significantly based on several factors:

  • Your specific role and responsibilities in the business
  • Industry standards and comparable positions
  • Your business's profitability level
  • Time devoted to the business

*We provide personalized salary recommendations based on your specific situation

We Help You Get It Right:

Our S-Corp setup includes reasonable salary determination based on your industry, role, and business financials. We provide documentation to support your salary decision in case of an audit.

Compliance & Maintenance

Ongoing requirements and obligations

What ongoing requirements does my LLC have?

LLCs have several ongoing requirements to maintain good standing. Missing these can result in penalties, loss of liability protection, or administrative dissolution.

Annual/Biennial Reports

Most states require annual or biennial reports (also called Statement of Information). These update your business address, registered agent, and member/manager information.

Due Date

Varies by state

Filing Fee

Varies by state

Late penalties apply for missed filings. We send reminders to help you stay compliant.

Business Licenses & Permits

Depending on your industry and location, you may need various licenses and permits that require annual renewal.

  • City/county business license
  • Professional licenses
  • Health department permits
  • Industry-specific permits

Tax Filings

  • Annual tax returns (federal and state)
  • Quarterly estimated taxes (if applicable)
  • Payroll taxes (if you have employees)
  • Sales tax (if applicable)

Corporate Records

  • Keep meeting minutes (even for single-member LLCs)
  • Maintain updated Operating Agreement
  • Document major business decisions
  • Track capital contributions and distributions

What happens if I miss a filing deadline?

Missing deadlines can have serious consequences. Here's what happens and how to fix it:

Immediate Consequences

  • Late Fees:

    Penalties vary by state and filing type

  • Penalties:

    Additional penalties accrue monthly

  • Loss of Good Standing:

    Can't get certificates of good standing

Long-term Consequences

  • Administrative Dissolution:

    State can dissolve your LLC (usually after 2-3 years)

  • Loss of Liability Protection:

    Personal assets may be at risk

  • Bank Account Issues:

    Banks may freeze or close accounts

How to Fix It

1
File Immediately:

Submit the missed filing as soon as possible to minimize penalties

2
Pay All Fees:

Include filing fee + late fees + any penalties

3
Reinstate if Dissolved:

File reinstatement paperwork if your LLC was administratively dissolved

4
Set Up Reminders:

Use our compliance calendar to never miss another deadline

We Can Help:

Our compliance rescue service handles all late filings, reinstatements, and gets your business back in good standing. Contact us for a free assessment.

Still Have Questions?

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