Legal Question in Business Law in Massachusetts

Mass. S-Corporation start up forms

I need to be Fully Incorporated to work for a job in Boston. I need Federal ID, General Liability insurance, Workmen Comp. What form do I need. I found an on-line form for Massachusetts Articles of Incorporation $19.95. It is 12 pages. Is this all I need to get start ed with Federal ID and setting up as S-Corporation. A list of steps I need to take will be greatly appreciated.

Thank you

Barney


Asked on 4/08/09, 3:00 pm

4 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Mass. S-Corporation start up forms

Go to the Mass Secretary of State website, the "corporations" page. This is the link (if it goes thru). www.sec.state.ma.us/cor/coridx.htm

Assuming you want to file an S-Corp (to incorporate, as opposed to forming an LLC or other business form), you need to fill out and file articles of incorporation and the S-4 form to obtain a federal tax id number. Once you've done that successfully, you can use the new corporate entity to obtain the insurance you need.

This can be done quickly and correctly by an attorney for relatively short money. (Probably very worthwhile, even if to ensure it is done properly and quickly; mistakes by those unfamiliar with the process causes significant delay.).

Feel free to contact me directly to discuss what you need and how to quickly obtain it for a reasonable fee.

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Answered on 4/08/09, 3:11 pm
Robert Hundertmark Robert J. Hundertmark, Attorney At Law

Re: Mass. S-Corporation start up forms

You need to file Articles of Organization with the Mass Secy State to achieve legal existence. The form is up there for free, but is only four pages. The minimum filing fee is $275 for up to 275,000 shares. Not sure what's on the other eight pages from your $20 form. There are optional statutory provisions you can adopt in the Articles, such as Indemnification of Directors and Officers, etc.

You also need to hold an initial organizational meeting, issue stock certificates, and hold regular meetings thereafter. You also need to observe corporate formalities, such as not commingling corporate funds with your personal funds. You should get a bank account in the name of the corp.

You will also have to file IRS Form SS-4 to obtain a tax ID Number, and you must file IRS Form 2553 Subchapter S Election within 75 days of formation.

There's a lot of stuff to doing it right, and you should consult with a lawyer. Should you fail to properly set up and maintain your corporation, you run the risk of losing the limited liability protection available from the corporate form, and risk having your personal assets exposed.

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Answered on 4/08/09, 4:13 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Mass. S-Corporation start up forms

Although you can find the forms needed at the MA Secretary of State and IRS websites, you would be better advised to retain an attorney to prepare and file them quickly and to advise you as to what is required to qualify as a Subchapter S Corporation or whether an LLC or other form of business entity would better suit your needs. Good Luck!

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Answered on 4/08/09, 4:14 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Mass. S-Corporation start up forms

The forms for starting up a Massachusetts Domestic Corporation can be found online at the Massachusetts Division of Corporations. You should follow the steps outlined and pay the appropriate filing fee(s). Filing the appropriate documents and paying the filing fees are but a part of the steps necessary to forming a domestic for profit Massachusetts corporation. I would recommend the services of a licensed attorney to assit you in your goal.;)

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Answered on 4/13/09, 3:46 pm


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