How To Incorporate In Utah
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1. Choose a Name for Your Utah Corporation
Check on Available Names in Utah: When preparing to incorporate your small business in Utah, remember that you will need to choose a unique name for your corporation. You will need to search online records and other records before you incorporate so that you can make sure that the name that you have chosen is not in use by another registered corporation. There is a database of registered Utah corporations that you can search online at Utah Corporation.
Reserve a Corporate Name: It is not mandatory to have a corporate name reservation to incorporate your small business in Utah. However, if you would like to reserve a particular name for your corporation before you incorporate, you can submit a name reservation application to the office of the Utah Secretary of State. You can download the name reservation application form online at Reserve a Utah Corporation Name. The name that you submit will be reserved for a period of 120 days. There is a filing fee of $22.00 for a name reservation application.
Filing Trademarks and Doing a Corporate Name Search: The name that you use to incorporate your small business may be available in Utah but in use by a corporation in another state. You may encounter some restrictions on your use of the name that you have chosen. You should consult an attorney to find out what these restrictions may be and how you can take steps to trademark the name of your corporation.
Utah Corporate Name Requirements: When choosing a name for your corporation, keep in mind that in Utah corporate names must include the word “corporation,” “incorporated,” “company,” or an abbreviation of one of these words.
2. Find a Registered Agent in Utah
You will need to choose a registered agent for your corporation before you can file to incorporate your small business. A registered agent acts as an agent for service of process and will receive legal and tax documents for your corporation. An adult resident of Utah or a corporation in Utah can serve as your registered agent. There are also corporate services companies that provide registered agent services to corporations.
3. File Articles of Incorporation with the Utah Secretary of State
Minimum Requirements: To incorporate your small business in Utah, you will need to submit Articles of Incorporation to the Secretary of State. You can download a form for this document online at File a Utah Corporation. The Articles of Incorporation of your corporation must include the name and purpose of your corporation, the name and address of your registered agent, the address of your main corporate office, the number of shares authorized by your corporation, and the name and address of the directors and incorporators. The incorporators must sign the Articles of Incorporation before you submit the document to the Secretary of State.
Other Utah Legal Provisions: When preparing to submit Articles of Incorporation for your corporation, consider including other legal provisions in addition to the minimum requirements. An attorney can assist you to determine which additional legal provisions are the most important and beneficial for your corporation.
Where to Submit Form: You can submit the signed Articles of Incorporation document to the Utah Division of Corporations & Commercial Code, PO Box 146705, Salt Lake City Utah 84114-6705.
Filing Fee: The processing fee for Articles of Incorporation in Utah is $70.00. Checks should be made payable to the State of Utah.
4. Create Other Utah Incorporation Documents (Corporate Kits)
After filing Articles of Incorporation with the Secretary of State, you can prepare to take other actions in your corporation. You will need to appoint officers and directors, adopt corporation bylaws, issue stock certificates, obtain a tax ID number, and acquire the appropriate business license. You should also consider creating other types of corporate documents such as buy-sell agreements, shareholders agreements that determine when stock can be sold, and documents that describe what happens if an owner decides to leave the company. These types of corporate documents are especially useful for corporations that have multiple owners. You should consult an attorney or a professional corporate service company when it is time to draft these important documents so that you can be sure to be in compliance with all legal requirements.
5. Qualify Your Utah Corporation to Do Business in Other States
When incorporating your small business, keep in mind that you will need to qualify your corporation before you can do business in other states. If your main corporate office is located outside of Utah, you will need to qualify your corporation to do business in the state where the main office is located. Most states will require you to pay taxes in your home state. For useful information on how to qualify your corporation to do business in other states, see Doing Business in other states.
6. Make Annual Filings and Pay Annual Fees and Taxes in Utah
Corporations that are registered in Utah are required to file an annual renewal. You can file online at Utah Corporation Fee. You will have the opportunity to provide updated information about your registered agent and your principal officers and directors when you renew.
All registered Utah corporations are subject to state income taxes. You must file a tax form each year and pay the required taxes. You can find information about the corporate tax in Utah online at the official website of the Utah State Tax Commission at Utah Corporation Tax. You should consult a professional accountant when you are preparing your tax documents so that you can be sure to avoid mistakes that could end up costing you extra taxes.
Incorporating a small business can be complicated, especially if the corporation has multiple owners. You should consult an attorney and an accountant during the incorporation process so that you can have confidence that the paperwork for your corporation is being prepared correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.