Homepage Attorney-Approved Articles of Incorporation Template Blank Articles of Incorporation Template for the State of Michigan

Common mistakes

Filling out the Michigan Articles of Incorporation form is a crucial step for anyone looking to establish a business in the state. However, several common mistakes can lead to delays or complications in the incorporation process. One frequent error is providing incomplete information. Each section of the form must be filled out completely. Omitting details, such as the name of the corporation or the registered agent, can result in the rejection of the application.

Another mistake often made is selecting an inappropriate name for the corporation. The chosen name must be unique and not already in use by another entity in Michigan. Failing to check the availability of the name before submission can cause significant setbacks, as the state will not approve names that are too similar to existing businesses.

Inaccurate information regarding the registered agent is also a common issue. The registered agent must have a physical address in Michigan and be available during business hours. Listing an incorrect address or an individual who is not available can lead to legal complications and hinder communication with the state.

Additionally, many individuals overlook the importance of including the purpose of the corporation. The Articles of Incorporation require a brief description of the business's purpose. Providing a vague or overly broad description can lead to questions from the state and may result in additional paperwork or clarification requests.

Lastly, errors in the payment section can cause delays. Each submission must include the correct filing fee. Failing to include the payment or submitting an incorrect amount can lead to the rejection of the application. It is essential to verify the current fee schedule before sending the form to ensure compliance.

Misconceptions

When it comes to the Michigan Articles of Incorporation form, many people hold misconceptions that can lead to confusion or missteps in the incorporation process. Here are six common misconceptions, clarified for better understanding.

  • Misconception 1: You can file Articles of Incorporation without a business name.
  • Many believe that a name is not required to file. However, a unique business name is essential. It must not be similar to existing businesses in Michigan, ensuring clarity and avoiding legal disputes.

  • Misconception 2: Incorporation guarantees personal liability protection.
  • While incorporation does provide a layer of protection, it is not absolute. Personal liability can still occur in cases of fraud or if personal guarantees are made.

  • Misconception 3: The Articles of Incorporation can be filed at any time.
  • Some assume that timing does not matter. In reality, filing should align with your business goals. Delaying can affect your ability to operate legally and may have tax implications.

  • Misconception 4: You can include any information you want in the Articles.
  • There are specific requirements for what must be included. This includes the business name, purpose, registered agent, and more. Omitting necessary information can lead to delays or rejection of your filing.

  • Misconception 5: Once filed, the Articles of Incorporation cannot be changed.
  • People often think that the document is set in stone. However, amendments can be made if circumstances change, such as a new business name or changes in the board of directors.

  • Misconception 6: Filing the Articles of Incorporation is the only step to starting a business.
  • Some may believe that submitting this form is sufficient. In fact, additional steps, such as obtaining licenses and permits, are often necessary to operate legally in Michigan.

PDF Form Specs

Fact Name Description
Purpose The Michigan Articles of Incorporation form is used to legally establish a corporation in the state of Michigan.
Governing Law This form is governed by the Michigan Business Corporation Act, specifically MCL 450.1201 et seq.
Filing Requirement To create a corporation, the completed form must be filed with the Michigan Department of Licensing and Regulatory Affairs (LARA).
Information Needed Key details such as the corporation's name, registered agent, and business purpose must be included in the form.
Filing Fee A filing fee is required when submitting the Articles of Incorporation, which varies based on the type of corporation.

Instructions on Utilizing Michigan Articles of Incorporation

After completing the Michigan Articles of Incorporation form, you will submit it to the appropriate state office for processing. This is a crucial step in establishing your business as a legal entity in Michigan. Ensure that all information is accurate and complete to avoid delays in the approval process.

  1. Obtain the Michigan Articles of Incorporation form from the Michigan Department of Licensing and Regulatory Affairs (LARA) website or their office.
  2. Begin by filling in the name of your corporation. Make sure the name complies with Michigan naming requirements.
  3. Provide the purpose of your corporation. Be clear and concise about what your business will do.
  4. Enter the duration of your corporation. If it’s intended to exist indefinitely, you can state that.
  5. List the address of your corporation's registered office. This must be a physical address in Michigan.
  6. Include the name and address of the registered agent. This is the person or entity authorized to receive legal documents on behalf of your corporation.
  7. Specify the number of shares the corporation is authorized to issue. If there are different classes of shares, indicate that as well.
  8. Provide the names and addresses of the incorporators. These are the individuals who are forming the corporation.
  9. Review all information for accuracy. Make sure there are no typos or missing details.
  10. Sign and date the form. The incorporators must sign the document to validate it.
  11. Submit the completed form to LARA along with the required filing fee. Check for the latest fee amount on their website.