Elliott & Davis | Corporate Entity FAQs

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Q. Do I need an attorney to incorporate my business?

No, but there are countless reasons to do seek legal help before incorporating your business. The considerations involved in choosing a business structure are often complex and the paperwork involved can be daunting.

In addition to the technicalities involved in filling out incorporation paperwork, it is also wise to consult with an attorney in order to get customized legal documents such as by-laws, articles of incorporation, sales contracts, subcontractor agreements, etc. You may also want to seek the advice of an attorney for help with any other legal issues not directly related to incorporating your business including tax, finance, and employment issues. The attorneys at Elliott & Davis are committed to offering you customized service, clear communication, and peace of mind as we guide you through the process of forming your corporation and getting your business up and running.

Q. Why should I incorporate in Pennsylvania?

A. Pennsylvania is an incredibly business-friendly state. Although there has been a lot of discussion about Delaware and Nevada as desirable places to incorporate, Pennsylvania has kept pace with these states and is one of the best places for businesses - both large and small - to incorporate. Some of the benefits of incorporating in Pennsylvania include: limited liability, reduced tax exposure, increased credibility, perpetual existence. In addition to the legal benefits of incorporating in Pennsylvania, Pennsylvania is a great place to do business generally. With a population of over 12 million people, Pennsylvania has the sixth largest population in the United States. It is home to 25 of the Fortune 500 companies, and, because of its diverse geography and population, is a place where businesses - both large and small - can thrive.

Q. Can I incorporate in Pennsylvania even if my business is located in another state?

Yes. Even if your business is not located in Pennsylvania, and you don't maintain any offices in Pennsylvania, you can still incorporate your business in Pennsylvania, using a Commercial Registered Office Provider (CROP). Our firm is registered with Pennsylvania as a CROP and we are glad to be able to provide out-of-state businesses with a simple and affordable way to take advantage of the many benefits of incorporating in Pennsylvania. Pennsylvania requires that all corporations and limited liability companies/partnerships have a CROP that is registered with the Secretary of State for Pennsylvania unless they maintain their own office in Pennsylvania for service of process.

Under Pennsylvania law (15 P.S. Sec. 109), entities required to provide a registered office address in any document filed in the Department of State may enter into a contract for the services of a CROP and may list the name of the CROP in lieu of providing a registered office address. Our present fee for this valuable service is $100 per year or $250 for three years. Please call Eric Davis at 412.434.4911 ext 11 if you are interested in having Elliott & Davis serve as a CROP for your corporate entity.

Q. What type of business structure should I choose? A corporation? A limited liability company? A limited partnership?

A. There are many considerations involved in finding the business structure that is right for you. The attorneys at Elliott & Davis have experience working with a variety of different business entities, including: S-corporations, C-corporations, Limited Liability Companies (LLCs), Partnerships, Professional Corporations, and Not-for-Profit Corporations. If you would like more information, please see Choosing a Business Name and Structure or call 412.434.4911 x11 for a free consultation.

Q. How much does it cost to incorporate?

A. The filing fees and legal fees associated with incorporation vary. Overall, our prices are competitive and represent a clear value in view of the quality of our services and the level of care, attention, and customization we give to each client's legal matters. Please see Pricing for more information.