Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Articles of Incorporation, business owners in Michigan can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file Michigan Articles of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.
Whether you are a startup founder or a seasoned business owner, understanding the process of filing Articles of Incorporation in Michigan, popularly known as The Great Lakes State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to Michigan, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in Michigan.
On this page, you’ll learn about the following:
What is Articles of Incorporation in Michigan?
The Articles of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the Michigan Secretary of State ensures the formation of the corporation in Michigan officially. The Articles of Incorporation is similar to filing the Michigan LLC Articles of Organization while filing an LLC in Michigan.
Michigan, also known as The Great Lakes State, has some rules when it comes to file the Articles of Incorporation. We shared the step-by-step process here to file the incorporation document with the Michigan SOS. Checking with the SOS is recommended for more information.
It is always wise to consult a legal professional before you file your company under the Michigan SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.
– LLCBuddy Editorial Team
How to File Michigan Articles of Incorporation
You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In Michigan, you can file it in three ways, online, by mail and in-person. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-
Step 1: Get the Form and Enter the Details
The first step is to get the Articles of Incorporation form from the Michigan Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $60 for filing online, in person, and by mail when submitting the form. Following are the details you must add to your incorporation form-
Name of the Entity
The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the Michigan corporation naming requirements too. There are a few points to note when you name your company. They are,
- You cannot have a name used by other companies or businesses.
- You cannot have any name that is misleading or the same as government organizations.
- Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
- You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.
Address of the Corporation
The next section of the form is to provide your main address. It is necessary to have a physical street address in Michigan. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.
Michigan Resident Agent
The next point is to provide information about the Resident Agent. The Michigan Resident Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Resident Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Resident Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.
Shares and Stocks
The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In Michigan, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.
If you amend Michigan Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the Michigan SOS while filing the Articles of Incorporation amendment.
Additional Documents
You might need additional documents to submit along with the incorporation documents. In Michigan, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in Michigan, then you must add one document along with the Articles of Incorporation. Foreign corporations in Michigan must submit the Michigan Certificate of Good Standing along with the incorporation documents.
Signature
Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in Michigan. Get their signatures to file the Articles of Incorporation.
Step 2: Submit the Articles of Incorporation in Michigan
Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in three ways, online, by mail and in-person. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.
- Online filing: Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything.
- Offline filing: Send the form by mail to Michigan Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau — Corporations Division, P.O. Box 30054, Lansing, MI 48909. Drop it off in person at 2501 Woodlake Circle, Okemos, MI
Cost of Filing the Articles of Incorporation in Michigan
The cost of filing the Articles of Incorporation in Michigan is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of Michigan. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their Michigan in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in Michigan, you must pay a filing fee. The filing fee is $60 for filing online, in person, and by mail.
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Why Michigan Articles of Incorporation is So Important
The Articles of Incorporation are essentially a legal document that establishes the existence of a corporation and sets forth the structure and purpose of the corporation. This document must be filed with the state in which the business is operating in order to create a new legal entity separate from its owners. In Michigan, this document is crucial for any business looking to establish itself and operate legally within the state.
There are several key reasons why the Michigan Articles of Incorporation is so important for businesses. First and foremost, filing the Articles of Incorporation provides legal protections for the owners and shareholders of the corporation. By creating a separate legal entity, the owners are shielded from personal liability for the debts and obligations of the corporation. This means that in the event of a lawsuit or financial difficulties, the owners’ personal assets are protected.
Additionally, filing the Articles of Incorporation also gives the business credibility and legitimacy in the eyes of investors, customers, and other stakeholders. By establishing a formal legal entity, the business shows that it is serious and committed to its operations. This can help attract clients, customers, and investors who may be wary of dealing with a business that is not legally recognized.
Another key reason why the Michigan Articles of Incorporation is so important is that it outlines the structure and purpose of the corporation. The document typically includes information such as the name of the corporation, the registered agent, the purpose of the corporation, and the names of the directors and officers. This information is important for compliance purposes and helps ensure that the corporation is operating within legal boundaries.
Furthermore, filing the Articles of Incorporation also provides the corporation with certain legal rights and privileges. Once the document is filed with the state, the corporation gains the ability to enter into contracts, acquire assets, and sue or be sued in its own name. This legal status provides the corporation with the ability to conduct business and operate in the marketplace.
In conclusion, the Michigan Articles of Incorporation is a critical document for any business looking to establish itself legally within the state. By filing this document, businesses can protect their owners, establish credibility, outline their structure and purpose, and gain legal rights and privileges. It is an essential step in the process of starting a business and operating successfully in the state of Michigan.
Conclusion
In conclusion, the process of filing Michigan Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of Michigan’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.