If you plan to start a corporation in Utah, one of your most important first steps will be to file your Articles of Incorporation. Articles of Incorporation officially establish your corporation with the state.
When you’ve finished your Articles of Incorporation, you’ll file them with the Utah Division of Corporations and Commercial Code. Once you file your Articles of Incorporation, they’ll be available for viewing by the public.
How to Complete the Articles of Incorporation Form
There are several ways that you can file your Articles of Incorporation in Utah, including by mail, by fax, online, or in-person.
Any foreign (out-of-state) entity needs to file additional documents, including a Certificate of Good Standing/Excellence from its original state of incorporation (which can be no older than 90 days at the time of the filing) and an Application for Authority to Conduct Affairs for a Foreign Corporation.
Your Articles of Incorporation must include the following information:
- Corporate name. You’ll need to choose a name that no one else in Utah is currently using. Your name must include “Company,” “Corporation,” “Incorporated,” or an appropriate abbreviation. You can check to see if your desired name is already being used on the Utah government’s Business Search page. Once you find a usable name, ZenBusiness can help you retain it through its Business Name Reservation Service.
- Purpose. You don’t have to go into great depth here. You just need to outline the general purpose of your new business.
- Shares. You need to list the number of shares that you’re creating for each class or series of shares. The online Articles of Incorporation form has a drop-down box that allows you to select either common or preferred shares. If you’re going to have more than two kinds of shares, you’ll need to include them on an additional piece of paper listing share type and number of shares.
- Registered agent. Every Utah corporation is required to have a registered agent. This is the individual or company authorized to receive official government and legal documents on your company’s behalf. Your registered agent must be located in Utah and have a business office that’s open during regular hours. In Utah, you either need to list a noncommercial agent (if you decide to be your own registered agent) along with their physical address, or a commercial agent who needs to be registered with the Division of Corporations and Commercial Code. You can find a registered agent through ZenBusiness’s Registered Agent Service. This service can save you time and trouble if your business is served with legal papers.
- Incorporators. This is the individual who will sign your Articles of Incorporation. You must have at least one. You’ll need to provide the names and addresses of your incorporators.
- Place of business. This is the official business address of your main business or office.
- Officers and directors. You’ll need at least one of each in Utah, but we recommend at least three directors, especially if you’re thinking about starting a nonprofit corporation. You don’t need to include this information when you file your Articles of Incorporation, but you must provide the relevant names and addresses when you file your first annual report.
- Professional corporations. This is only applicable if you’re establishing a professional corporation (for example, legal, medical, or public accounting). Along with everything listed above, you’ll also need to outline what your professional corporation will do and the names and addresses of all initial directors, officers, and shareholders. You also need to include the words “Professional Corporation,” or an appropriate abbreviation, in your name.
Include supplemental form(s)
Foreign profit corporations will need to include a Certificate of Good Standing (or its equivalent) no older than 90 days old when their Articles of Incorporation are filed. They also need to submit an Application for Authority to Conduct Affairs for a Foreign Corporation.
How to Submit the Form
Utah charges a fee when you file your Articles of Incorporation with the Division of Corporations. Filing online gets the quickest response, within one to two business days. If you file by mail, it may take about two weeks for your documents to be processed. All timeframes are approximate and subject to change, depending on the office’s workload.
Utah accepts Articles of Incorporation in each of the following ways:
After you file, you’ll want to make sure you stay in good standing with the state. Use our Worry Free Compliance service to put your mind at ease and focus on what’s important.
Establishing a business in Utah is a time-consuming process that needs to be handled correctly to avoid headaches and legal complications down the line, and Articles of Incorporation aren’t the only documents you’ll need to worry about. ZenBusiness can help here as well. Our Business Formation Plans can assist you with the various processes you’ll encounter when establishing a new business in Utah.
Utah Articles of Incorporation FAQs
- What does it cost to incorporate in Utah?
Check the Utah Division of Corporations and Commercial Code website to see the most current information on fees and methods of payment available.
- How long does the incorporation process take in Utah?
If you file online, you can get a response in one or two business days. If you file by mail, you get a response in around two weeks. Turnaround times may vary.
- Who processes the Utah Articles of Incorporation?
The Utah Division of Corporations and Commercial Code.
- What statute governs the Utah Articles of Incorporation?
Utah Title 16.
- Do I need an attorney to file the Utah Articles of Incorporation?
No, you can file them on your own or use a business formation service like ZenBusiness.