Setting up the legal framework is one of the most crucial phases in launching a business. This entails submitting the required paperwork and documentation to the state where the business will be based. The “state of organization” is the jurisdiction in which a business is formally established and registered.
The Articles of Organization and the Certificate of Formation are the two primary documents that enterprises must submit to the state of incorporation. Despite having a comparable function, these two documents have slightly distinct needs and content.
The name, function, and organizational structure of the business are all outlined in the Articles of Organization, a legal document. Usually, limited liability businesses (LLCs) use this document. To create the company as a legal body, the Articles of Organization must be submitted to the state. Depending on the state, the fee to file the articles of organization might be anywhere from $50 and $500.
Contrarily, a document called the Certificate of Formation is used to create corporations. It contains details including the corporation’s name, the total number of authorized shares, and the founding directors’ names. The Certificate of Formation must also be submitted to the state along with the Articles of Organization in order to establish the corporation as a legal person. State-by-state variations in the cost of submitting the Certificate of Formation show that it can be more expensive than submitting the Articles of Organization.
An Iowan “Doing Business As,” or DBA, is referred to as a “Fictitious Name.” In order to file a fictitious name in Iowa, the name must be registered with the county where the business will be located. In Iowa, the fee to file a fictitious name varies by county, although it normally costs between $5 and $20.
Although registering a DBA or fictitious name is not required for businesses in Iowa, it is advised that they do so in order to safeguard their brand and stay out of trouble with the law. By registering a fictitious name, companies may find it simpler to open bank accounts and get the appropriate licenses and permits.
The state of organization, then, is the place where a business is formally established and registered. The Certificate of Formation and the Articles of Organization are the two principal legal documents that corporations must file with the state. Businesses in Iowa can register fictitious names for a modest cost; however, it is not needed. However, registering a fictitious name might offer significant legal safeguards and facilitate corporate operations in the state.
Unfortunately, there are statutory fees imposed by the state for submitting Articles of Organization or Certificates of Formation, making it impossible to obtain an LLC for free. These costs might range from a few hundred to a few thousand dollars and depend on the state. Some states may also charge an annual fee to keep the LLC active. To make sure all legal criteria are satisfied and to steer clear of any potential problems down the road, it is advised to seek legal advice or to work with a business formation agency.