If you're starting a business in Massachusetts, one of the essential steps you need to take is to file your Articles of Incorporation with the Secretary of the Commonwealth. Articles of Incorporation are the legal documents that officially establish your business as a corporation in the state. Here is a step-by-step guide on how to file massachusetts articles of incorporation.
Overview of Articles of Incorporation
Articles of Incorporation are the founding documents of a corporation. These documents provide official recognition of your business entity's existence and outline essential details, including the company name, purpose, shares of stock, registered agent, and board of directors.
Step 1: Choose a Business Name
Before you file your Articles of Incorporation, you need to select a unique and distinguishable name for your corporation. The name should not already be in use by another business entity in the state of Massachusetts.
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To ensure that your chosen name is available, conduct a search on the Secretary of the Commonwealth's website. If the name you want is already in use, you'll need to choose another name to register as your corporation's legal name.
Step 2: Determine Incorporators and Directors
Next, you should appoint the incorporators who will sign and file the Articles of Incorporation. An incorporator is a person or entity responsible for creating and filing the initial corporate documents. You can appoint yourself as an incorporator or choose someone else, such as an attorney or a business partner.
Additionally, you must determine the initial directors of your corporation. These individuals will be responsible for managing the business affairs until the first annual meeting of shareholders.
Step 3: Registered Agent Selection
Every Massachusetts corporation must have a registered agent, who is an individual or an entity designated to receive legal documents on behalf of the corporation. The registered agent must have a physical address in Massachusetts, rather than a P.O. Box.
You can serve as your own registered agent as long as you have a physical address in Massachusetts. Alternatively, you may choose to hire a registered agent service or appoint an attorney or a trusted individual or business entity to fulfill this role.
Step 4: Prepare and File the Articles of Incorporation
To complete the Articles of Incorporation, you will need to obtain and fill out a specific form provided by the Secretary of the Commonwealth. The form is available on their website.
Before filling out the form, gather the following information:
1. Corporation name
2. Principal place of business address
3. Mailing address, if different from the principal place of business
4. Name and address of the registered agent
5. Name and address of each incorporator
6. The number of shares of stock the corporation can issue
7. Signatures of the incorporators
Once you have collected all the required information, complete the Articles of Incorporation form, making sure all information is accurate and up to date. Sign the form as an incorporator, and make sufficient copies for your records.
Step 5: Submit the Articles of Incorporation
After completing the Articles of Incorporation form, you are ready to submit it to the Secretary of the Commonwealth either by mail or in person.
If mailing the form, send it together with the appropriate filing fee to the below address:
Secretary of the Commonwealth
One Ashburton Place, Room 1717
Boston, MA 02108
For in-person filings, you can deliver the form and fee personally to the aforementioned address during regular business hours.
After submission, the Secretary of the Commonwealth will process your filing. Once approved, you will receive a stamped copy of your Articles of Incorporation, confirming your business's official incorporation in Massachusetts.
Conclusion
Filing Massachusetts Articles of Incorporation is a critical step towards establishing your corporation. By following the steps outlined in this guide, you can ensure the smooth and efficient filing process. Remember to carefully consider your business name, select the appropriate incorporators and directors, choose a registered agent, and complete and submit the required form to the Secretary of the Commonwealth. With these steps completed successfully, you'll be well on your way to building and growing your business in Massachusetts.
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