MyUSACorporation

Tobacco industry is heavily regulated, and one is required to obtain a license when selling, importing or manufacturing cigarettes and other tobacco products. Typically, other tobacco products (OTP) have somewhat less strict licensing requirements than cigarettes. Tobacco licenses are granted by local, state or federal authorities, depending on the location of the business and nature of tobacco related activity. Below we list the types of licenses and the authorities that issue them. Retail Tobacco Licenses A retail cigarette/tobacco license is a legal document issued by the concerned state department (and in some cases also city or county) which signifies that a business is legally allowed to sell cigarettes and other tobacco products in accordance with the state law from a specified location to the consumers who are allowed to buy them. In most states, as well as some local jurisdictions, every retailer who sells or will sell cigarettes or tobacco products is required to obtain a retail cigarette and tobacco license and bound to renew it annually. "A Cigarette/Tobacco Retailer" is a person or business, other than a wholesale dealer, who sells cigarettes or tobacco products directly to the public from a specified retail location, including cigarette vending machines. Every retailer intending to sell cigarettes or tobacco products in states and/or jurisdictions requiring a cigarette/tobacco license must apply for and obtain one. All new applications must be submitted with a one-time license fee (vary by state) for each retail location selling cigarettes or tobacco products, and each retail location must have a separate license. In most states a license is valid for a twelve-month period, is not assignable or transferable, and must be renewed annually. Please remember that you may not sell cigarette and/or tobacco products without a valid Cigarette and Tobacco License. Tobacco Manufacturer License Manufacturers of cigarettes and other tobacco products such as cigars, pipe tobacco, snuff, hookah tobacco (shisha), roll-your-own (RYO) tobacco, chewing tobacco, etc, are required to obtain Federal license from Alcohol & Tobacco Tax and Trade Bureau (TTB), and local license from the state where tobacco products are manufactured. For help obtaining necessary licensing for a new tobacco manufacturer please contact our customer service at (877) 330-2677. Tobacco Wholesaler License Wholesalers and distributors of cigarettes and other tobacco products are required to obtain licenses from the states where they plan to sell tobacco products. https://www.myusacorporation.eu/tobacco-licenses.html

One Of The Biggest Mistakes Many New Business Owners Make (And How To Avoid It) So you’ve got a brilliant idea that you want to turn into a business. You want to save every penny possible as you get things going, so you file the papers to create your own business entity. It’s pretty simple, after all. You find some forms online, fill them out, and you you should be in business in no time flat. Not so fast! With more than half-a-million new businesses starting in the United States each year, there are bound to be some mistakes. And among the biggest are errors related to new business entity and license filing. When it comes to starting a new business, you’re not dealing with a one size fits all situation. Choosing The Wrong Business Entity Could Cost You Each type of business entity has its own advantages and disadvantages. For example, if you decide to go into business for yourself, you’ll probably choose a sole proprietorship. All it takes is an application for a special Tax ID number and you’re good to go. But did you know that, by selecting this type of business entity, you’ll be opening up yourself to potential tax and legal liabilities? Or what if you choose to register as a corporation? Are you prepared to be compliant with the required record-keeping and filing obligations? Not only is there a lot of extra paperwork with a corporate entity, it can also be quite costly. How Do You Pick The Right Entity? https://myusacorporation.eu/new-business-mistakes.html

Publication of a legal announcement (or legal advertising) is a form of classified advertising usually mandated by a state or local law. Legal announcements are published in approved newspapers or journals that serve to inform the public in a specified area. The approved newspapers or journals are selected based on the location of the business that is required to place such announcement. After the legal announcement is published, the newspaper or journal would then create an Affidavit of Publication. What is an Affidavit of Publication? An Affidavit of Publication is a sworn, written statement made in the presence of a notary public or a person who is authorized to administer an oath, attesting that the publication took place on specified days. Affidavits of Publication are used submitted to the state or local authorities as proof that the entity has met the publication requirements. When is Publication Required? Certain states require a new entity (e.g. corporation, LLC, or sole proprietorship) to publish anywhere from one to three announcements in an approved newspaper or journal in order to inform the interested public of the formation of the entity. In addition to brand new companies, some states require companies from other states that wish to get authorization to do business in that state (i.e. form a foreign entity) to also publish an announcement. Finally, some states and counties require publication of a company's assumed name (also known as d.b.a.). States That Require Publication If you form your corporation, LLC, foreign entity, or assumed name (d.b.a.) with our help, we will automatically inform you if a publication is required, and our representatives will ensure that your announcement is published in accordance with all legal requirements. If you are forming your entity on your own, carefully review all the forms and instructions provided by the state or county to learn of the publication requirements. For reference, below are lists of some states that require publication: https://www.myusacorporation.eu/newspaper.html

A registered agent (sometimes also referred to as "resident agent") is the person or an entity appointed to accept legal documents on behalf of the corporation. Legal entities, such as corporations and LLCs, must appoint a person or an entity to act as their registered agent, so in case someone sues them the papers will be served on the registered agent at the registered office. There are no restrictions regarding who can be a registered agent other than the person must be located and available at a physical street address within the state during normal business hours. Why Do I Need One? The purpose of the Registered Agent is to maintain a consistent physical legal address in the state in which your company is incorporated or doing business. It also will receive governmental and legal correspondence, including your annual report notices, any delinquency notices and many other documents that your company may be required to respond or take action. Most states require that a registered agent be listed for the business in the state of incorporation or a state in which it is doing business. The state will suspend any company if it fails to maintain an agent. Serving As Resident Agent You or any other individual who meets the state requirements and who agrees to act as agent for the company may serve as Registered Agent. However, keep in mind the following disadvantages: The Registered Agent's name and address are made part of the public record. You might not want to expose your private information*. If you change your actual business address you will have to file a change of agent address with the state. Because of those disadvantages it is advised to use a professional registered agent service, especially if your business is home based or retail. * In a few states, e.g. Florida, Utah etc. the names and addresses of members/officers are made public. How Much Does It Cost? Registered Agent fees are $99/year payable in advance. You may cancel registered agent services at anytime as long as you provide proof that another agent has been named in the state of incorporation or that the business is no longer active. REMEMBER: in order for your business to maintain good standing status it must also maintain a Registered Agent. Ready to Order? We can provide you with a Registered Agent service in any of the 50 states and DC, all you need to do is complete our simple order form. Ready to Order Registered Agent Service? https://www.myusacorporation.eu/registered-agent.html

Moving Your Company Domicile From One State To Another If you want to move your company from the state of formation to a different state it would need to go through the process of changing company domicile (also called "domestication"). You can change the domicile from any state, but only into a state that support domestication. The benefits of domestication include keeping the same tax ID (EIN), the same company structure, and with some states also the original date of formation. The disadvantage is cost and relative complexity of the process, compared to such alternatives as foreign qualification. The Process To change the domicile a company must first be in good standing with the original state of registration. If the company is not in good standing you need to first bring it to good standing by completing the necessary filings and paying all the fees and fines that have accumulated, or go through the process of reinstatement if it was administratively dissolved. There are several steps necessary to complete domestication, and they vary from state to state. Typically, the first step after making sure your company is in good standing would be to obtain certified copy of articles and a certificate of good standing from the original state of registration. Then, Articles of Domestication are drafted and filed with the new state. Third step includes dissolution of the entity in the old state, and submitting confirmation of dissolution with the state of domestication. Most states (both original and destination states) have various additional filing requirements, such as publications, initial list and statements of information filings, etc, before the process of domestication is completed. In addition to this IRS should be notified of the change, and various licenses and permits obtained from the new state of domicile. States Supporting Domestication https://www.myusacorporation.eu/domestication.html

How To Convert Your Company From One Type To Another In some cases a company that was formed as one entity type (LLC, Corporation, etc.) reaches a point where it becomes necessary or preferable to change its type to a different entity type. Examples of such cases vary from LLCs looking to raise money from investors, who require shares of stock and more formal management structure, or corporations that due to tax or other reasons need to become LLC. It is possible to dissolve the old company and form a new one, but this way the company looses it's original formation date, and would need new tax ID, resign all existing contract, and so forth. Conversion offers a convenient way of changing entity type without the need to start all company affairs from the scratch. Most states support conversion from LLC to Corporation and from corporation to LLC, while a few support only conversion to one entity type. A few states do not support conversions at all. States That Support Conversions Following states support conversion of LLC to Corporation, and of Corporation to LLC: Alabama Arkansas California Colorado Delaware Florida Georgia Hawaii Iowa Idaho Indiana Kansas Louisiana Massachusetts Maine Michigan Minnesota North Carolina North Dakota New Mexico Nevada Ohio Oklahoma Oregon Rhode Island South Carolina South Dakota Tennessee Texas Utah Virginia Washington Wisconsin Wyoming States That Support Some Conversions https://www.myusacorporation.eu/conversion.html

How To Reinstate Your Company Most states require entities to pay annual fees and/or taxes, and maintain valid Registered Agent with physical address in the state. Failure to make the necessary payments or maintain a registered agent often leads to the company being suspended, forfeited, or administratively dissolved. When that happens most of the time it's possible to bring the company back to good standing by making all the necessary payments, or making other changes necessary, and filing for company reinstatement with the state. Could It Be Too Late? The answer to this question would depend on the state and the period of time your company was not in good standing. Some states have grace period during which the company can be reinstated, while other states allow indefinite reinstatement. Alabama is the only state that does not have reinstatement procedures, so once your company is administratively dissolved you need to file a new one. What Is the Process of Reinstatement? The answer to this question would again depend on the state and the current status of the company. Typically, we would first research the situation with the state to establish if the company can in fact be reinstated. If the answer is positive we would inquire about the necessary fees, besides the actual fee for the reinstatement. Those would usually be the missing annual fees or taxes, plus whatever late fees added on top of them. After that, if our client still wants to go ahead with the reinstatement we would prepare and file the necessary documents (in some states those would be Articles of Reinstatement or an equivalent document) and file with the state. Ready to Order? We will follow all the necessary steps in order to reinstate your company, all you need to do is complete our simple order form. Ready to Reinstate Your Company? https://www.myusacorporation.eu/reinstatement.html

How To Properly Dissolve A Company Various reasons could lead to the dissolution of the business, such as bankruptcy, retirement, or change in career direction. When a business entity is no longer doing business, it is very important to follow the legal steps in "winding itself up" as a legal entity. A Corporation or an LLC is an entity created under authority granted by the state. Hence, its existence may only be terminated by the state. Business law of each state provides a procedure for dissolving legal entities, however a legal entity can only be dissolved through formal action, not by a letter or phone call. The company remains liable for all taxes, assessments, fines, penalties and interest until it receives a Certificate of Dissolution from the Secretary of State or equivalent agency responsible for entity registration and record keeping. When closing a business there are several typical actions that need to be taken on Federal and State levels, before the actual dissolution takes place. Typically, most of this is done using the help of an accountant you used for your business: FEDERAL (IRS): You must file a federal tax return for the year it goes out of business (marked "FINAL"). You must make final federal tax deposits. Report capital gains or losses. Report partner's/shareholder's shares. If you have employees: You must file the final employment tax returns. File final quarterly or annual employment tax form. Issue final wage and withholding information to employees. Report information from W-2s issued. File final tip income and allocated tips information return. File final employee pension/benefit plan. Issue payment information to sub-contractors. Report information from 1099s issued. https://www.myusacorporation.eu/dissolution.html

How To Amend Company Information Amendment of company information is needed when certain facts regarding the company change. If you decide to officially change the name of your business entity, add or remove members, officers, managers (or other persons related to the company), business or mailing address, registered agent, or other company details specified in the company Articles, you need to file Articles of Amendment with the state of formation. Articles of Amendment Articles of Amendment is a formal document that is filed with the state of registration when any business entity wants to change its legal name. If the company also does business in other states as a Foreign Entity, it should not use the new name until it files Articles of Amendment in each one of those states. Changing Your Company Name Entity Name Amendment is a legal act of changing the name of your corporation, LLC, or other business entity that you use. Companies are authorized and bound to do business only using their legal names filed with the registering state. When changing its name, company must get an approval from the state BEFORE officially using the new name. A corporation or LLC name is changed by filing an amendment to the Articles of Incorporation or Organization (Article of Amendment). The name change amendment may be adopted by the corporation's board of directors, unless its Articles of Incorporation require that the name change be adopted by the corporation's shareholders (or, in case of LLC, by members or managers). https://www.myusacorporation.eu/amendment.html

How To Make Sure Your Business Is Properly Licensed Every business must ensure that it maintains the appropriate licenses, permits and tax registrations before doing business. Licensing requirements can be mandated from the local, state and federal levels. These requirements would apply to entities, and in some cases to individuals associated with entities. Some companies may need to obtain multiple licenses and some regulated activities may come as a surprise to many companies. From the perspective of businesses, compliance with licensing regulations entails a tremendous amount of paperwork, time and fees. How Can We help? The assistance of a professional service company in managing all business licensing activities can be extremely valuable, especially for determining specific licensing needs beyond general requirements applicable to all businesses. Our licensing experts will guide your business through its entire life cycle by assessing what licenses are required, aiding in the application for such licenses, and managing the renewal of the portfolio of licenses obtained. It is also vital for companies to fulfill requirements related to retaining a license and to ensure that licenses have not been revoked. Types of Licenses We can help you obtaining practically any license your business might require. Here we present the list of most commonly requested licenses: Cigarette & Tobacco Licenses If your business is dealing with cigarettes or other tobacco products chances are you will need some sort of tobacco license. We help tobacco retailers, wholesalers, distributors, manufacturers and importers obtain appropriate State and Federal licensing. Read more about obtaining Cigarette & Tobacco License for your business Liquor & Alcohol Licenses If your business is dealing with alcoholic beverages chances are you will need some sort of liquor license. We help alcohol retailers, wholesalers, distributors, producers and importers obtain appropriate State and Federal licensing. Contractor Licenses Most states require contractors to obtain a contractor license to be able to practice their trade. We help contractors of any specialty obtain appropriate State licenses. Professional Licenses Most states license professionals providing personal, health and other services to the general public. We help specialists obtain appropriate State licenses. Gambling & Lottery Licenses Businesses dealing with games of change would require specific Gaming & Lottery licensing. We help those business obtain all necessary State & Federal licenses. Other Licenses Many other types of licenses are required on federal, state and local level, and we can help businesses obtaining all the necessary licenses. Not Sure What License Your Business Needs? For someone who starts a new business the question of licensing requirements might be crucial, but if you are not sure what license your business might need how do you start? No worries - we can help you by researching all the necessary licensing requirements your business might need on local, state and federal level, and present you with a detailed report. To order such research simply follow the steps in our application process and select "License Research" option. Ready to Order? We will prepare and file your business license application, and follow up with the state including resolving any issues, until your license is granted. We do all the work, all you need to do is complete our simple order form. Ready to Order Your Business License? https://www.myusacorporation.eu/licenses.html

How To File Company Annual Report An Annual Report is a mandatory yearly filing with the state in which your business was formed regarding your business. Not all states have annual reports, and not all types of entities are required to file one. For example, New Mexico has no annual report for LLCs, but has a biennial report for corporations. Other examples include New York which requires companies to file biennial reports (once in two years), and states such as Delaware that has no annual report for LLCs, but instead charges a Franchise Tax. What does an Annual Report include? An Annual Report and its equivalents usually includes brief statements regarding profits or losses, information for investors and shareholders on the growth and direction of the business, as well as updated information on business purpose, function and operating details. Annual Reports are also required to include any changes made to your business throughout the year, such as location, management and service type. Who has to file an Annual Report? With a number of exceptions, all businesses (including non-profit organizations) within the United States are required to file reports with their respective states. States typically send reminders (physical mail, and in some cases email) when the report is due, however it is important to research the rules pertaining to your particular entity in your specific state in order to make sure your company always files its reports on time. When do you have to file? Most states set the deadline for the anniversary of the business entity's formation date. For example, if your business was formed on October 31st, 2011, your annual report would be due at the end of October, 2012. Other states (e.g. Florida, Delaware) have predetermined due date for all annual reports and similar filings. Note: Some states require Biennial Reports. These states are: Arkansas California (annual for corporations, biennial for LLC) Washington D.C. Iowa Indiana (annual for non-profits) Nebraska New Mexico (annual for non-profits, biennial for corporations, LLCs are exempt) New York Ohio How much does it cost? Most states carry a filing fee for their Annual Reports. These fees vary state to state, typically between $50 and $400. Every state is different. Some states do not charge a fee to LLCs. Others charge LLCs much more than Corporations. In addition, many states collect what is called a “franchise tax” at the same time as the annual report is filed. The amount of tax depends on the amount of business transacted by your company in that state in the last year (or 6 months) and on the value of business's property owned in the state, but the minimums range anywhere from $50 to $800 (California). Ready to Order? We will prepare and file your annual report in a professional manner, all you need to do is complete our simple order form. https://www.myusacorporation.eu/annualreport.html

What Is A Trade Name (DBA) And How To File One Trade name (also called "fictitious business name", "assumed name", or DBA for "doing business as") is a legal way to do business under a particular name that you file with the state, county, or in some cases local municipality. Its the easiest and most cost effective way to do business under a new business name without having to create an entirely new business entity. With DBA you can accept payments, advertise, and otherwise present yourself under that name. Who can register a Trade Name? Trade name can be registered by any business, including sole proprietorships, general partnerships, as well as organized and incorporated entities such as LLCs, corporations, nonprofits and limited partnerships. KEEP IN MIND: a DBA is just an alias, hence by itself it is not an actual business entity. It must belong and be associated with a specific legal entity. Advantages of DBA For those on a budget registering DBA is a cost-effective and simple way to start doing business, without ongoing maintenance or the costs associated with forming a corporation or LLC. Converting the business to a corporation or LLC is easy, once your business is running profitably. Sole Proprietorships: as a sole proprietor DBA allows you to use a business name rather than your personal name. Having DBA gives your business more credibility. Organized Entities: DBA allows a single legal entity (corporation, LLC, etc.) to operate multiple businesses without creating a new legal entity for each business. https://www.myusacorporation.eu/dba.html

How To Form A Nonprofit Organization A non-profit organization (abbreviated as NPO, also known as a not-for-profit organization) is an organization that does not distribute its excess profits to owners or shareholders, but instead uses them to help pursue its goals. Non-profit organizations are established for a variety of purposes, most commonly charitable, educational or religious. Some common examples are schools, hospitals, houses of worship, museums, fraternal organizations, food banks, homeless shelters, trade unions and other volunteer organizations. Non-profit organizations must be organized as either trusts, associations or corporations. Non-Profit Corporations Forming your non-profit organization as a corporation, instead of a trust or an association, will offers you all the same benefits as a for-profit corporation. The most significant benefit is limited liability protection for the officers, directors, and shareholders of the corporation, so that their bank accounts, homes, and other personal assets cannot be used to satisfy the debts and liabilities of the non-profit corporation. The main advantages of a non-profit corporation over a for-profit company are exemptions from State and Federal income tax and property tax (although the exemptions must be applied for separately). There also some other, smaller benefits, such as reduced rates at the U.S. Postal Service. Unlike for-profit corporations, non-profits cannot distribute any profits to their members, contribute money to political campaigns, or engage in political lobbying, except in very limited circumstances. Forming a Non-Profit Organization Forming a non-profit organization is a multi-step process. https://www.myusacorporation.eu/non-profit.html

How To File a Foreign Entity A Foreign Entity (also called "Out-of-State Entity") is an entity formed in a state other than the state (or another jurisdiction, such as foreign country) in which your company was originally formed. As an example, if you have a Nevada registered corporation, and you want to expand your business into New York State (e.g. buy real estate in New York City, etc) then your corporation would have to file as a Foreign Entity within the state of New York. That's also called "foreign qualification" or "applying for authority to conduct business" in New York. Who Should Apply for Foreign Entity? Typically, if a company conducts only few isolated transactions in a different state, there is no need to register a Foreign Entity in that state. If, on the other hand, a company plans to develop a more serious business operation in another state, or plan to acquire assets such as real estate, then it must obtain authority to do so from the concerned state department. This process is commonly referred to as "Foreign Entity Qualification" or "Registration of Foreign Corporation/LLC". If you are planning to develop business operations in the state other than the state in which you are currently doing business, then you must file for Foreign Entity with the new state (in which you want to conduct business). Foreign Entity status will help you to enjoy all benefits that a domestic corporation may have in that state. For more information on what constitutes doing business in a state please consult an answer to a question "Doing business in another state". Penalties Are there any penalty to transact business without getting Certificate of Authority? Yes. there are. Without Certificate of Authority: the entity cannot maintain an action, suit, or proceeding in a court until it registers, the Attorney General can enjoin the entity from transacting business in the state, the entity is subject to a civil penalty equal to all fees and taxes that would have been imposed if the entity had registered when first required, if the entity has transacted business in the state for more than ninety (90) days, the Secretary of State may condition the filing of the registration on the payment of a late filing fee equal to the registration fee for each year or part of year of delinquency. How Do I Register Foreign Entity? To register Foreign Entity you need to file an application with the concerned authorities and pay a fee. In most states, registration requires disclosure of the company name, state of incorporation/organization and the name and address of the registered agent in the state for which the application is being made. We made this process easy and simple for the convenience of our clients. Keeping Your Registered Name https://www.myusacorporation.eu/foreign.html

How To Obtain EIN (Federal Tax ID) An Employer Identification Number (EIN) is used to identify a business for tax purposes with the Internal Revenue Service (IRS). An EIN is similar to a social security number for your business. Every business, except for certain sole proprietorships that do not have any employees, should have such EIN. Certain nonprofit organizations such as churches, clubs, trusts, and estates, and others, must also have an EIN. A business is required to obtain a Federal Employer ID Number if it hires employees or meets other IRS guidelines. In addition, banks usually require businesses to obtain an Employer ID Number prior to opening a business bank account. Other names EIN also known as the Tax Identification Number (TIN), Federal Employer Identification Number (FEIN), or Federal Tax Identification Number. The EIN is a unique nine-digit number assigned by the Internal Revenue Service to business entities operating in the United States for the purposes of identification. When New EIN Is Not Required Following is a list of business events that do not require getting new EIN, however they might require notifying the IRS about the change: You change the name of your business. You change your location and/or add other locations. You operate multiple businesses under one entity. The surviving corporation uses the existing EIN after a corporate merger. A corporation declares bankruptcy. A C-Corporation chooses to be taxed as an S-Corporation. An existing partnership converts to an LLC classified as a partnership. An LLC that already has an EIN chooses to be taxed as a C-Corporation or as an S-Corporation. A new LLC with one owner (single member LLC) is formed under state law, does not choose to be taxed as a corporation or S corporation, and has no employees or excise tax liability. Applying for EIN https://www.myusacorporation.eu/ein.html