With our 5-step process, forming a company in Missouri is simple. A company may be formed by submitting formation paperwork with your state and forming a board of directors.
We’ll teach you how to form your own company in Missouri.
It is simple to establish a corporation in Missouri.
In Missouri, you may form a company by submitting the Certificate of Incorporation, drafting corporate bylaws, and naming your first director (s).
Table of Contents
To get started, follow the steps in our How to Start a Corporation in Missouri tutorial below:
Step 1: Give Your Missouri Corporation a Name
Step 2: Select a Registered Agent.
Step 3 Hold an Organizational Meeting
Step 4: Submit your Articles of Incorporation.
Step 5: Complete and submit the Corporate Registration Report.
Step 6: Obtain an EIN
Step 1: Give Your Missouri Corporation a Name
The first step in forming a company is to choose a business name. You must choose a distinct name that conforms with Missouri company naming regulations.
1. Missouri naming conventions:
The words “corporation,” “business,” “incorporated,” “limited,” or an acronym of one of these keywords must appear in your name.
Your name must be distinct from any other businesses in your state. This lists reserved names in Missouri.
Your name cannot indicate that the company was formed for any reason other than the one specified in its articles of incorporation.
Your company’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
The words “corporation,” “company,” “limited,” “incorporated,” or an acronym of one of these must appear in your name.
2. Is my business name accessible in Missouri?
Your Missouri company name must be distinct and distinct from existing Missouri business names. To see whether your selected company name is available, use the Missouri Secretary of State’s Business Search Portal.
3. Is the URL accessible?
Before forming your Missouri company, check to see whether an appropriate URL for your selected business name is accessible. Even if you don’t intend to create a company website right immediately, we recommend purchasing a web domain right away to avoid other companies from obtaining it.
Step 2: Select a Registered Agent in Missouri.
When you file your company with the Secretary of State, you must choose a Missouri registered agent.
What exactly is a Registered Agent? A registered agent is a person or organisation chosen by an LLC or corporation to accept service of process, government communications, and compliance paperwork on behalf of a company.
Who Is Eligible to Be a Registered Agent? An person, a corporate organisation, or a professional registered agent service may serve as your registered agent. Any organisation or individual may act as your Missouri registered agent as long as the person:
is at least 18 years old
has a physical address in the state where business is done
is accessible during regular business hours (in person).
Step 3 Hold an Organizational Meeting
Before filing the Articles of Incorporation formally in Step 4, you must conduct an organisational meeting to perform the following tasks:
Complete and sign the Articles of Incorporation.
Establish and approve bylaws
Choose your first director (s)
Determine your ownership structure.
Fill out an Incorporator’s Statement.
Establish and Approve Corporate Bylaws
Bylaws are the rules that regulate and control how your organisation is governed and operated. Consider the bylaws to be your corporation’s constitution. It clarifies the norms and priorities for all parties involved.
The bylaws of a company will augment any regulations established by the federal government or the state.
Include the following in your bylaws:
The governance of the company, including the roles of directors and officials
Meeting processes, voting procedures, and the election of executives or directors
How will records be preserved and managed?
How will disagreements be resolved?
How will bylaws be added/modified in the future?
The annual shareholders’ meeting date
Contract Negotiation Techniques
Fiduciary responsibilities to the company (i.e. acting in the best interests of the corporation)
What is a quorum for voting purposes?
What exactly is a quorum? A quorum is the minimal number of members of an assembly that must be present at a meeting in order for the meeting or any votes taken within to be legitimate.
Appoint the First Directors
At least one director must be appointed to monitor your Missouri company until the first shareholders’ meeting.
A corporate director is in charge of operational bylaw adoption, modification, and repeal, as well as the election, monitoring, and removal of officers.
Following the incorporation of the company, the incorporator(s) — or initial director(s), if listed on the formation papers — shall convene an organisational meeting. During this inaugural meeting, either the incorporator(s) or the initial director(s) will elect the board of directors.
Selecting a Share Structure and Strategy
A share of stock is a corporation’s unit of ownership. Each share of stock reflects a proportion of the company’s ownership. If a business issues one share of stock, the shareholder (stock owner) owns 100% of the corporation.
Shares may be divided into classes. Each class, known as a share class, has unique rights and advantages. There may be several classes, and each class can have an unlimited number of shares.
If your business intends to issue more than 30,000 authorised shares or the par value exceeds $30,000, the Articles of Incorporation form in Missouri permits you to declare whether your corporation will issue more than one authorised share class or series.
If your Missouri company will have more than one share class and less than 30,000 authorised shares or a par value of less than $30,000, you must either add a provision or design your own Articles of Incorporation.
Keep in mind, however, that the filing fee is $58 for the first $30,000 in approved shares, plus $5 for each subsequent $10,000 in authorised shares.
NOTE: We suggest that you begin with a large number of authorised shares. Many lawyers advocate for a million dollars. Starting with a large number allows you to issue shares as required without incurring legal expenses to enhance your original permitted share size.
Make and implement an Incorporator’s Statement
The incorporator(s) shall sign and preserve an Incorporator’s Statement with the full names and addresses of all initial directors in the corporate records book.
This document identifies the first director(s) who will serve until the board of directors is chosen at the first shareholder meeting. It should be kept with the rest of your company’s records.
Step 4: Submit the Articles of Incorporation to the State of Missouri.
To form a company in Missouri, you must submit the Missouri Articles of Incorporation. The Articles of Incorporation are the legal documents that establish your Missouri company. You may submit it with the Missouri Secretary of State either by mail or online.
The filing fee is $58 for the first $30,000 in approved shares, with an extra $5 for each $10,000 in authorised shares beyond that.
This paper will address the fundamentals of your company, such as:
Statement of mission and corporate name
Name and street address of the corporate registered agent
The number of authorised shares that a company may issue.
The effective date and duration of the company
The total number of directors
Name(s) and address of incorporator(s) (es)
Step 5: Submit your Missouri Corporate Annual Report.
The Missouri Annual Report form must be filed within 30 days after registering your Missouri company. You must then file every year in the month that the corporation was formed. You may file online for a $25 filing fee. You can also request a paper form by calling the Missouri Secretary of State at (866) 223-6535.
Step 6 Get an EIN for Your Missouri Corporation
What exactly is an EIN? The federal government uses an Employer Identification Number (EIN) or Federal Tax Identification Number (FTIN) to identify a company organisation. It is effectively the company’s social security number.
Why do I need an EIN? An EIN is necessary for the following activities:
To establish a commercial bank account for the firm
In terms of federal and state taxation
To recruit workers for the firm
How can I get an EIN? After founding the firm, the business owner obtains an EIN from the IRS (free of charge). This may be done online or in the mail.