Frequently Asked Questions about incorporating
Do you have to have an address of the actual business in Nevada?
No, you dont need the address of the business to be in Nevada. A Nevada address is not part of the Articles of Incorporation. The State of Nevada is not asking about the address or place of business in the incorporation process. We, as a resident agent and incorporator, ask about the contact address, which is just for our records. You only have to provide the address of first director. It can be any addresss. It doesn’t have to be specifically home or business. It can be for example PO BOX. If you need address in Nevada you can order our Mail forwarding service, which includes street address.
Do you have to have a bank account in Nevada?
You dont need a Nevada bank account and you also dont need to operate your business in Nevada. We work for many international clients who are using Nevada corporations for doing business in other countries. You are free to do business and open a bank account in any state or country in the world. If you need bank account in Nevada please visit this page for more info. We will give you personal contacts to banks we work with. You will be able to open bank account over the phone or fax. It is very easy process.
What else do I have to pay after the set up fee and for what? Are there any other costs involved?
Every company in Nevada is required to file the form called “Initial List of officers and directors (or Initial List of Members or Managers)”. The fee for the first and following years is $125. The $125 fee is not included in incorporation fee. We always mail the form together with the incorporation paperwork. If you didn’t receive it, please call our office or visit website with Initial list forms.
How long does it take to get a Tax ID number? How do I obtain a Tax ID number?
You can get it over the phone right away if your filing is finished. There are four ways how to obtain TAX ID (Employment Identification Number EIN). By phone, fax, mail, or now the internet. Please go to our resource page to download forms and instructions for FREE.
Can I conduct business in other states?
Yes! Citizens of other states and foreign countries are able to own and operate a Nevada corporation. They are welcomed and encouraged to do this. You can live anywhere in the world, it’s no problem. Nevada law does not require your shareholders or directors meetings to ever be held in Nevada. When doing business in another place you must comply with local laws and licensing of the state in which you do business.
What are the rules for corporate names? Are the name endings like LLC, INC. required?
The name must not be the same, or deceptively similar to, the name of any corporation, limited partnership, limited liability company, foreign corporation, foreign limited partnership, foreign limited liability company, or a name reserved for use of any other proposed corporation, unless written consent of the person or other entity for whom the name is reserved is filed with the articles. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name, except with an additional word such as “Incorporated,” “Limited,” “Inc.,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word identifying it as not being the name of a natural person. If the name implies banking, trust, or insurance powers, prior approval of the banking superintendent or insurance commissioner is needed.
Our service FAQ
How long have we been in the Incorporation business? Our references?
We have incorporated hundreds of companies in Europe and worldwide. We have been in Nevada from 2001. To check our references, please go toNevada Secretary of State website at and search by resident agent name. Please enter John Vanhara or “Eastbiz.com, Inc. You will see thousands of companies, in Nevada, handled by us. We offer very aggressive and competetive pricing packages. We work hard to get most of the orders processed very quickly.
Do you provide a corporate kit? Do I need a kit? Is a kit part of our offer?
If you have filed Articles of incorporation, you have a legal company. A corporate/LLC kit, which consists of a personalized binder, minutes, by-laws/operating agreement, resolutions, share/membership certificates (and a corporate seal) is not necessary to be legal. It is, however, useful in terms of both organizing your paperwork and helping structure your corporation optimally. Additionally, record keeping is a critical part of maintaining your corporation’s good standing.
Can you obtain a certificate of good standing?
A certificate of good standing, which is also called a certificate of existence, is a document issued by the Secretary of State which certifies that your corporation does exist legally and that it is in good standing with the State. We can obtain one for you.
Can you change the amount of shares after you already set up the corporation and how?
To change the amount of shares your corporation is authorized to issue can be done by changing Articles. It is done by Amendment and by Restating Articles. We charge $89 + state fees for doing any amendments or restating Articles.
How can I pay if I have trouble with Paypal or Credit Card?
You can always mail a personal check, money order or cashier check. We can also email you information for wire transfer. You can also fax credit card authorization form. Just print it out and fax to us. Credit card authorizaton forms are available on each product page.
For fast processing of expedite orders please don’t use personal checks. Personal checks take an additional 3-4 business days to clear. If you are OK with delay you can use them.
Questions about different entities
What is the difference between INC and LLC?
“LLC” and “Corporation” have many of the same characteristics. The most important characteristic they share is that they both offer limited liability protection to its owners. Typically, shareholders are not liable for the debts and obligations of the corporation; thus, creditors will not come knocking at the door of a shareholder to pay debts of the corporation. In a partnership or sole proprietorship the owner’s personal assets may be used to pay debts of the business. With an LLC, the members are not personally liable for the debts and obligations of the corporation.
There are many important differences between the corporation and LLC. The entities are taxed differently. An LLC is a pass-through tax entity. This means that the income to the entity is not taxed at the entity level; however, the entity does complete a tax return. The income or loss as shown on this return is “passed through” the business entity to the individual shareholders or interest holders, and is reported on their individual tax returns.
With a standard corporation, the corporation is a separately taxable entity. Corporations are treated as a separate legal taxable entity for income tax purposes. Therefore, corporations pay tax on their earnings. If corporate earnings are distributed to shareholders in the form of dividends, the corporation does not receive the reasonable business expense deduction, and dividend income is taxed as regular income to the shareholders. Thus, to the extent that earnings are distributed to shareholders as dividends, there is a double tax on earnings at the corporate and shareholder level. We can do S Corporation status election with IRS for $25.
What is the difference between a “C” and an “S” corporation?
All corporations start life as “C” corporations. As a benefit to small businesses, which meet certain criteria, the Internal Revenue Service allows them to apply (via form 2553) for “S” status. This means that the corporation will be taxed similarly to a partnership, with each shareholder reporting the profit or loss of the corporation on his personal tax return, in proportion to the percentage of shares he holds. This means that if there is a loss the shareholder can use it to offset his other tax obligations. If there is a profit it is taxed once, at the individual’s tax rate, rather than twice (a “C” corporation will pay a tax on profits and individual shareholders will be taxed again when those profits are distributed as dividends.) We can do S Corporation status election with IRS for $25.
Are there any drawbacks to being an “S” corporation?
The main negatives are the restrictions. There cannot be more than 100 shareholders; non-resident or non-US citizens may not be shareholders; and the tax year is somewhat inflexible (it usually must end on Dec. 31). Qualified trusts, or exempt organizations can be shareholders of an S Corporation. We can do S Corporation status election with IRS for $25.
What is the difference between an “S” corporation and a Limited Liability Company?
In terms of reporting income, they are quite similar. The LLC is somewhat less restrictive than the “S” corporation. There can be any number of members, and there are few restrictions on who those members may be. They are also a relatively new entity, so there is not as great a definitive body of tax rulings on them as there is with corporations. We can do S Corporation status election with IRS for $25.
Why incorporate as Close Corporation?
A business in the state of Nevada can be incorporated either under Nevada Revised Statutes Chapter 78 Private Corporations or Nevada Revised Statutes Chapter 78A Close Corporations. In order to file as a close corporation, NRS 78A.020 requires that the number of shareholders shall not exceed 30.
Why incorporate as a close corporation under NRS Chapter 78A? The vast majority of individuals incorporate their businesses in order to limit their liability to their investment in the corporation. Even if a business is incorporated, a shareholders personal assets my still be reached by creditors of the corporation in order to pay the debts of the corporation, including civil judgments against the corporation. This occurs when a court of competent jurisdiction pierces the ” corporate veil“.
The term corporate veil is a legal “terrm of art” for the state statutory protection limiting the liability of shareholders of a corporation to their investment in the corporation. A court can pierce the corporate veil for various reasons. One of the many reasons for piercing the corporate veil, and the one which is relevant at hand, is when the corporation does not strictly comply with the state’s strict statutory requirements for record keeping and the holding of meetings. A business incorporated under NRS Chapter 78 must strictly comply with the record keeping and meeting requirements promulgated under NRS Chapter 78 or risk having its corporate veil pierced by a court in a civil suit. In other words, a close corporation can be operated informally, while a business incorporated under NRS Chapter 78 must be operated formally.
A business incorporated as a close corporation under NRS Chapter 78A does not have to strictly adhere to the record keeping and meeting requirements of NRS Chapter 78. Consequently, a business incorporated under NRS Chapter 78A rather than NRS 78 has less of a chance of having its corporate veil pierced.
Another advantage of incorporating a business under NRS Chapter 78A rather than NRS Chapter 78 is that a close corporation is not required to have a board of directors, the corporation can be directed directly by the shareholders.
It must be pointed out that a business incorporated under NRS Chapter 78A is still governed by those provisions of NRS Chapter 78 which are not inconsistent with NRS Chapter 78A. Also, NRS Chapter 78 places restrictions on the transfer of stock in a close corporation which must be conspicuously printed on the shares of the corporation.