Making a new corporation is one of the most common reasons for using Nevada incorporation services. A small business may prefer to file the documentation needed to incorporate a business directly with the state. There are also many companies that provide business formation services for a fee.

The most important factor in starting a corporation in Nevada is choosing a specific business structure. Nevada law makes some important distinctions between a corporation and a limited liability company (LLC).

Corporate law defines the way in which the following entities interact:

1. Shareholders that collectively invest in an incorporation in Nevada. Shareholders may hold special privileges such electing a board of directors, proposing resolutions and sharing in the company’s income.

2. Directors that oversee the company’s activities. The activities of the board of directors are typically determined by the company’s bylaws. The board of directors and the shareholders are typically the same group of people in a small business.

3. Employees that provide expertise and perform labor for the company. Employees are also shareholders in many cases.

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Select the best structure for your business when you form a corporation in Nevada

Your choice of business types can include a corporation, full partnership or an LLC. Nevada sites frequently summarize business laws in Nevada although you may also need an attorney to explain these laws to you.

I recommend: Nevada Corporate Planners provides a detailed guide specifically for business owners wishing to incorporate in Nevada. Corporate Nevada discusses the various business types and the advantages of incorporating in Nevada.

Use a company to create a Nevada business incorporation

There are many online services that can submit the required forms on your behalf in exchange for a fee. However, you will still need to comply with the disclosure, operating and reporting requirements.

I recommend: Corporate Services of Nevada offers a variety of methods for ordering incorporation services in Nevada. Corporate Office Services specializes in Nevada incorporation services and offers several packages in addition to related resources.

Create a new business by yourself with Nevada corporation laws

Each state has a department that is responsible for the formation of new businesses. You can complete these forms yourself and submit them directly to the correct government department.

I recommend: The Nevada Secretary of State provides a variety of online services that should allow you to incorporate your business directly with the state of Nevada. MyNewCompany.com in Las Vegas provides a detailed checklist for starting a business including a discussion of the various business types.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  You will need to select a name before you create an LLC in Nevada. Many online services provide a name search function to determine if a particular name has been used before. The required forms will also provide spaces for more than one business name in many cases. This increases the chances that an unused name can be found for a Nevada business LLC.

If you are looking to start or expand a business in Nevada or just need help solving a problem specific to this state or region, there's a wide range of resources — both government and private — available to help.

While many nationally focused resources offer helpful solutions, some issues are better addressed at the state or local level. Answers to licensing, zoning, sales tax, incorporation, economic development issues and a mountain of other matters often reside at the state level. Ironically, however, finding the right resources closer to home can often be even more difficult, as local solutions often live in many different places.

Cover your bases by seeking solutions in these locations:

1. State government agencies, such as the commerce department, economic development office, secretary of state's office or other business-related state agencies.
2. Small business assistance programs offered through local universities and community colleges that are backed by state and federal resources. These include Small Business Development Centers (SBDCs) and SCORE offices.
3. Private, non-profit and special-interest industry and business organizations that provide a range of services, networking opportunities and even funding options for small businesses.
4. State and local offices of federal agency programs, such as the U.S. Small Business Administration (SBA) office in your area.

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Get free help at the Nevada Small Business Development Centers (SBDC)

Need help to start or grow a business in Nevada? The Nevada Small Business Development Center provides free statewide counseling, training and assistance programs for the aspiring and existing small business owner.

I recommend: Nevada SBDC can set you up with free and confidential counseling from experienced pros, help you access business research, acquire training, find financing, obtain detailed demographics on Nevada businesses and consumer and discover a network of business contacts in Nevada.

SCORE more free help for your biz

SCORE, 'Counselors to America's small business' is a terrific national organization that provides free mentoring for small business owners.

I recommend: These are SCORE Nevada offices: Las Vegas - Southern Nevada SCORE; Reno - Northern Nevada SCORE

Access state government info on starting and growing a business in Nevada

The central resource is the Nevada Dept. of Business & Industry.

I recommend: Nevada DBI will funnel you to the right places for what you need, including these: UNR Center for Economic Development (Research and technical help), Management Assistance Partnership (MAP) (Business and technical assistance), Community Business Resource Center (CBRC) (Connect to all of Nevada's free business assistance resources), Nevada Secretary of State's Office, (New and existing corporations, LLCs and other business entities), Nevada Commission on Economic Development (Incentive programs for businesses relocating to Nevada), Office of Business Finance and Planning (Financing for small manufacturers and certain non-profit and solid waste disposal projects), Division of Industrial Relations, (Workers' Comp and safety), Nevada Labor Commissioner (Labor and wage laws and rates), Nevada Department of Taxation (Business taxes)

Connect to a Nevada small business resource portal

Discover hundreds of local programs offering free and low-cost help for starting and growing your business.

I recommend: The Business Utility Zone Gateway for Nevada can connect you with a wide range of people, tools and resources.

Snag state-level help from the SBA

District, state and regional offices of the U.S. Small Business Administration can put a more focused face on federal programs and resources, and plug you into local training and assistance solutions.

I recommend: Just plug in a Zip Code, select a specific city from the pull-down menu or check your state on the U.S. map in the middle of the SBA home page.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Many types of businesses require state, city or county licenses and permits. State offices listed above will spell out any specific requirements for your industry.
• •  Small Business Development Centers (SBDCs) are an often-overlooked but terrific place to obtain free or low-cost advice and information, including training seminars and technology resources that are nearby.
• •  Locally-based SBDC consultants can advise you individually on how to write a business plan, market your products and services, find financial resources and other valuable information.
• •  The regional SBA office can plug you into loan and assistance programs, seminars and other initiatives to aid small businesses.
• •  Linking up with a local SCORE counselor is a great way to learn from an experienced individual about state-specific solutions.

The key to making the most of Nevada incorporation services is selecting the best structure for your business. A corporation affects your ability to gain capital, controls the amount of debt you assume and determines your tax obligations. However, these advantages must be balanced against the additional taxes your business will incur.

You may also wish to consider a partnership instead of incorporation in Nevada. A partnership is subject only to personal income tax, unlike a corporation. On the other hand, business partners may be held responsible for business debts.

There are several options for forming a company under Nevada corporate law. These include:

1. Nevada company incorporation as a profit or non-profit corporation. An S corporation (S-corp) is taxed under Subchapter S of the Internal Revenue Code which generally does not include income taxes.

2. A Nevada limited liability corporation (LLC). This is a hybrid business entity that shares the characteristics of both a corporation and partnership. It pays incomes taxes and is more suitable for a small business with one owner.

3. A Nevada limited partnership. This type of partnership has limited partners in addition to general partners.

Action Steps
The best contacts and resources to help you get it done

Determine the best business structure for your needs when you form a corporation in Nevada

The most important factors to consider are the personal liability obligations and tax implications. You should also familiarize yourself with the operating requirements and reporting regulations.

I recommend: The Nevada Secretary of State has the answers to frequently asked questions regarding the creation of businesses in Nevada. Sun Corporate Filings summarizes the requirements for each business entity in Nevada.

Find an attorney that specializes in creating an LLC in Nevada

Incorporating in Nevada must comply with the disclosure, operating and reporting requirements. Nevada corporation law specifies these requirements in detail.

I recommend: Sutton Law Center is located in Reno and includes incorporation services in its corporate law practice area. The LoBello Law Firm in Las Vegas includes corporate law as one of its major practice areas.

Register your Nevada business LLC or corporation

You must file the registration forms and pay the associated fees as required by Nevada corporation law in order to form a NV corporation or NV partnership. You may also need to file Articles of Incorporation, depending on the type of corporation you decide to register.

I recommend: Nevadacorporations.biz offers a variety of filing services for creating a corporation in Nevada. CompaniesIncorporated provides incorporation services in Nevada and offers specific information on incorporating in Nevada.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Nevada law requires annual fees and filings to maintain your LLC. Nevada corporations are automatically C-corps unless they specifically register as S-corps with the primary difference being the way they are taxed. One person may frequently hold more than one position in these corporations and many if not all shareholders are also directors in a small corporation.

Incorporating a business in Nevada can afford you increased legal protection for personal liability. Nevada is well known for its laws that protect the interests of company owners, which makes the state an ideal location for incorporating a business. Some of the benefits of incorporating in Nevada include no corporate, personal income, franchise and various other tax obligations.

Incorporating a business is not a difficult process as long as you follow the minimum requirements regarding what information should be filed with the state. Gaining insight into a few Nevada incorporation services key terms will help to ease the process.

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Articles of Nevada incorporation

An article of incorporation in Nevada is simply a formal statement detailing how your business will operate. Articles of incorporation must be filed with the Nevada Secretary of State. At minimum, your article of incorporation information must include your company's name and address, a broad definition of products/services your business will market, stock information and the name of a registered agent - an individual who is authorized to receive confidential documents on behalf of your company.

I recommend: Get an application for a Nevada articles of incorporation from the Nevada Secretary of State.

Limited liability company (LLC)

A limited liability company is a business structure. The primary differences between an LLC and a corporation are: (1) a limited liability corporation has different tax requirements and (2) an LLC also offers another tier of liability protection - charging protection order - which offers lawsuit protection.

I recommend: Learn more about forming a Nevada LLC at Asset Protection Consulting Group.

S-corporation (S-corp)

An S-corp is a Nevada business structure that is legally recognized as an individual entity separate from its owners or shareholders. Nevada corporations can choose to create a Subchapter 'S' Election.

I recommend: Learn more about Nevada S-corporations at Nevada Corporate Headquarters.

C-corporation (C-corp)

Unlike an S-corp, a C-corp company has no pass-through taxation. There are several tax advantages to forming a C-corp in Nevada, including no personal or company income or cpaital gains tax.

I recommend: Find out more about Nevada C-corp business structures at NAFEP.

Doing business as (DBA)

DBA means that a Nevada company is operating under an additional name. Companies operating under an alternate name are required by the state of Nevada to file a DBA registration. Nevada corporations and LLCs are required to register DBAs with the county government.

I recommend: Learn more about Nevada DBAs at The Company Corporation.

Bearer shares

Bearer shares are corporation shares issued to the bearer in Nevada. Before 2007, Wyoming and Nevada were the only two states that permitted the issuance of bearer shares.

I recommend: Learn more about bearer shares at Nevada Corporation Services.