What Are Articles of Incorporation: Your Complete Guide (2025)
You’ve got a name, a vision, maybe even a client or two. But until you file your articles of incorporation, your business isn’t real—it’s just an idea. No legal protection. No real credibility. No access to funding or business banking.
If you’re serious about building something that lasts, this is step one. Let’s break down what articles of incorporation are, what they include, and how to file them—without wasting time or making rookie mistakes.
What Are Articles of Incorporation?
Articles of incorporation are the official documents you file with the state to form a corporation. They’re like your business’s legal birth certificate—they make your company real in the eyes of the law.
This filing outlines key details like your business name, purpose, structure, and registered agent. Once accepted, it gives your corporation legal standing, separates your assets, and opens the door to things like business banking, funding, and limited liability protection.
Purpose of Articles of Incorporation
The main purpose of articles of incorporation is to establish your business as a corporation legally. That means:
You're no longer just a sole proprietor or partnership—you’ve got legal separation between your business and personal assets.
You can issue stock, bring on investors, and create a formal governance structure.
You gain credibility with banks, partners, and clients because your business is now recognized and regulated by the state.
Articles of Incorporation Document Requirements
You file articles of incorporation with your state’s business division—usually the Secretary of State. Every state has its own checklist, but most articles of incorporation include:
Business name (must be unique in your state)
Business address
Name and address of the registered agent
Business purpose (broad or specific)
Number and type of shares the corporation is authorized to issue
Names of the incorporators or initial directors
Where To File Articles of Incorporation
You file your articles of incorporation with the Secretary of State in the state where your business will operate. Most states let you file online, by mail, or sometimes in person.
If you're operating in more than one state, you’ll usually file in your home state and then register as a foreign corporation in any additional states where you're doing business.
How To File Articles of Incorporation
Filing might feel intimidating, but it’s a straightforward process when you break it down. Here’s how to get it done:
Step #1: Choose Your Business Name
Pick a name that’s unique and complies with your state’s naming rules. Make sure it includes the appropriate corporate suffix—like “Inc.,” “Corp.,” or “Co.”—and isn’t already taken.
Step #2: Appoint a Registered Agent
This is the person or company responsible for receiving legal documents on behalf of your business. They must have a physical address in the state where you’re filing.
Step #3: Prepare Your Articles of Incorporation
Include your business name, address, purpose, registered agent info, number of authorized shares, and names of incorporators. Some states may ask for more, so double-check their specific requirements.
Step #4: File With the Secretary of State
You can usually file online or by mail. Submit the form, pay the filing fee (which varies by state), and wait for approval.
Step #5: Receive Confirmation and File Your Bylaws
Once approved, your state will send you a stamped copy of your articles. Keep it for your records. Then, draft and adopt your corporate bylaws. This is your internal rulebook.
Step #6: Apply for an EIN and Open a Business Bank Account
With your articles in hand, you can now apply for a federal EIN (Employer Identification Number) through the IRS and set up your corporate bank account. This step makes your business fully operational.
Costs To File Articles of Incorporation
The total cost to file articles of incorporation can vary depending on where you’re located and how much help you need. Here’s what to budget for:
State Filing Fees
Most states charge $50 -$300 to file your articles. This is the baseline fee to officially form your corporation.
Expedited Processing Fees
Need it done fast? Many states offer expedited services for an extra $25 to over $100, depending on how quickly you want it processed.
Registered Agent Fees
If you don’t want to serve as your own registered agent, expect to pay a service about $100 - $300 per year to handle it for you.
Legal or Professional Help
Hiring a business attorney or professional service to prepare and file your documents may cost $300 to over $1,000, but it can save you time and prevent costly mistakes.
Publication Fees
Some states, like New York or Arizona, require you to publish a notice of incorporation in a local paper. That can cost anywhere from $50 - $500, depending on the publication.
What Articles of Incorporation Can and Cannot Do
#1: Articles of Incorporation vs. Bylaws
Articles of incorporation make your business official with the state. Bylaws, on the other hand, explain how your corporation runs internally. Think of it this way:
Articles are external and filed with the state
Bylaws are internal and used by you and your board
Bylaws include rules for meetings, voting, officer roles, and exit strategy.
#2: Articles of Incorporation vs. LLC Operating Agreement
If you’re forming a corporation, you’ll need articles of incorporation. If you’re starting an LLC, you’ll create an operating agreement instead. Articles make your corporation legal. Operating agreements define how your LLC works.
#3: Articles of Incorporation vs. Business License
Articles of incorporation form your corporation. A business license gives you permission to operate within your city, county, or state. One gives you a legal entity. The other gives you local permission to conduct business. In most cases, you’ll need both.
Articles of Incorporation: Frequently Asked Questions
What is the difference between an LLC and articles of incorporation?
An LLC is a type of business structure, while articles of incorporation are the documents used to form a corporation, not an LLC. LLCs typically use an operating agreement, whereas corporations use articles of incorporation to become a legally recognized entity.
Are articles of incorporation the same as an EIN?
No, articles of incorporation and an EIN (Employer Identification Number) are not the same. Articles of incorporation form your business with the state. An EIN is issued by the IRS and is used to identify your business for tax and banking purposes.
Why do people ask for articles of incorporation?
People ask for articles of incorporation to verify that your business is legally registered as a corporation. Banks, investors, vendors, and government agencies may request this document to confirm your business’s legitimacy and corporate status.
Get Articles of Incorporation Help With Melissa Wick
Articles of incorporation are the foundation of your business’s legal identity—but only if they’re done right. Melissa Wick helps entrepreneurs skip the confusion and set up corporations with clarity. Reach out to Melissa and let’s make your business official—on your terms, with no loose ends.