Categorized | Incorporation

About the Author

Ryan Roberts is a corporate lawyer and advises clients in a wide variety of transactional matters, with an emphasis on startup companies, mergers and acquisitions, and securities. Visit his law firm's website.

Where to Incorporate

After you have made the decision to incorporate, the next question is “where to incoporate?”

You can incorporate in your own state and be considered a domestic corporation, or you can incorporate elsewhere and do business in your own state as a foreign corporation.

Generally, if most of your business will be conducted in your own state, you will likely benefit more from incorporating in your own state. However, your decision should also consider each state’s relative:

(a) incorporation expenses;
(b) taxes;
(c) jurisdictional issues;
(d) rights, powers, and liabilities of directors; and
(e) the extent of the corporation’s regulation.

For some, choosing where to incorporate may be a real easy decision. But for others, it may necessiate some serious thought.

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