With some research on the Secretary of State website for your state, and maybe a legal help book, you can incorporate your company on your own, paying only state filing fees. State filing fees vary by state typically range between $100 - $200. In California, various filing fees to the Secretary of State and Department of Corporations are approximately $165.
Typical costs:
Internet companies like mycorporation.com[1] provide incorporation services for$50-$150 + state filing fees. These services can automate the incorporation process, but often don't explain all the terms or don't customize the incorporation for your business.
A small law firm, like a solo practitioner specializing in small businesses, may charge approximately $100 - $300 per hour, totaling around $1,000-$2,000 + state filing fees for a basic incorporation. Many lawyers will require a "retainer" -- payment beforehand.
Large law firms may charge approximately $100 to $450 per hour, totaling $3,000 or more + state filing fees.
Tip: If you're using a small or even a large law firm, try to negotiate a flat fee or fee cap -- so you know total costs from the start.
Initial consultation on how you're forming the business (e.g., corporation, Limited Liability Corporation, partnership, etc.).
Drafting the state and local documents, including the Articles of Incorporation, Bylaws, Election of Directors, Initial Resolution of Directors, and Share Certificate.
Other documents required by the Secretary of State that vary state-by-state (e.g., securities exemptions forms, information about the corporation's officers)
Additional costs:
More complex incorporations can require additional documents, like a Contribution Agreement, Shareholders Agreement and Founders Restricted Stock Purchase Agreement which can take an additional 5-10 billable hours each.
Discounts:
If you use a law firm and think you'll have a substantial amount of work in the future, try to negotiate a discounted rate.
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