How to Find a Company's Date of Incorporation?
Learn how to find the date of incorporation of a company through state websites, online databases, and company records. Ensure legal and financial accuracy. 6 min read updated on September 11, 2024
KEY TAKEAWAYS
The date of incorporation is the date the state officially recognizes a business as a separate legal entity
The date of incorporation is used for operational, legal, and tax purposes
The date of incorporation is not the same as the effective date, founding or startup date
Know the Date of Incorporation of a Company
To incorporate a business, you must file articles of incorporation with your state's Secretary. Usually, you do this as the owner. The articles of incorporation create a separate legal entity for your business. They are your business's birth certificate. This legal document includes your company's name, purpose, and duration. It also includes its authorization and the incorporation date, which is most important.
What is the Date of Incorporation?
The date of incorporation is much like your business's birthday. It is the day the state officially recognizes your business as a corporation. After incorporation, you will receive a certificate from your state's Secretary's office. It will include the date. This date becomes part of your state's public record. This is the date they will see when a customer, financial institution, organization, or investor looks up your business. You may use your business's date of incorporation for any one of the following reasons:
To complete IRS form SS-4
To complete IRS form 2553
To complete IRS form 8832
To obtain a business license
To work with financial institutions
For tax compliance purposes
For federal, state, and local legal compliance purposes
This list is not exhaustive. Still, it shows that knowing the incorporation date is vital for running your business.
How to Find the Date of Incorporation
State Websites
If you or any other entity needs the date of incorporation, there are several ways to find it. One way to check is to visit the state website where you incorporated your business.
For example, in Delaware, to find the date of incorporation, you simply need to navigate to Deleware’s Division of Corporations. Once you are on the website, you merely need to type in the corporation's name. On the ‘Entity Detail’ page, you’ll see the date of incorporation, as well as the entity’s name, the type of entity, business address, and other identifiable information.
Online Databases
You can also find the date of incorporation using online databases, such as Open Corporates. Open Corporate has one of the largest databases of company information. It gets information primarily from national business registries in over 140 jurisdictions to create a standardized database of legal entity information.
Company’s Website
In addition to using an extensive database, you may also easily find the date of incorporation on the company’s website. This information can be found in the ‘About Us’ or ‘Investor Relations’ sections of the company’s website. While this is so, many companies do not post this information. So, if you do not find it here, you may have to use another resource.
The Incorporation Process
To start a corporation, the founders must file articles of incorporation with the secretary of state. This document includes:
The name of the corporation
The business address
Officer names
Business purpose
Stock information
The corporate bylaws
Typically, the filing date for the articles of incorporation is considered the company's incorporation date. However, keep in mind that this must also account for processing time, which varies by state from one to two business days to a week or longer.
You can also request a later effective date when you file your articles. For example, you should submit your documentation in mid-December for a January 1st incorporation date.
Filing Articles of Incorporation
There are a few ways you can file your articles of incorporation:
Submit the documents yourself via the secretary of state's office.
Utilize an assistance website for submission.
Seek support from a lawyer for filing- post your legal need on UpCounsel's marketplace.
No matter how you file, your articles of incorporation must include the following key elements:
Effective Date
As you work through the incorporation process, you should be sure not to confuse the effective date with the requested effective date. The filing date is the date that the corporate documents are officially submitted to the state's Secretary of State. The requested effective date, on the other hand, is the date that the shareholders/ owners would like their business to be recognized as a separate legal entity.
If your business is looking for a specific effective date, the process varies by state. Some states may allow owners to request a future or retroactive date. In other states, it is when the articles of incorporation are filed with the Secretary of State. Check your jurisdictional rules to determine which laws apply to you.
Corporate Information Resources
Navigating through the process of incorporation requires guidance and direction. To aid you in this process, several resources are available to you at your fingertips, such as:
State Division of Corporations: Your state's Division of Corporations has information on businesses in your state. It includes their registrations, activities, and certificates. You can use this site to find out if a potential corporate name is available, whether the corporation is in good standing and the date of incorporation.
Securities and Exchange Commission (SEC): The Securities Exchange Commission provides information about publicly traded businesses, such as detailed information on profits and losses. To learn about a business via the SEC, you simply need to search the name of the business in their ‘Company Search.’
Legal Databases: You can also use legal databases like CCHIntelliConnect for certain business information and business laws. To search CCHIntelliConnect, you need to enter the search term in the IntelliConnect field and press Enter. If you are a savvy researcher, use Boolean search connectors.
Importance of Incorporation Date
When you incorporate your business at the state level, you should not confuse this with incorporating your business for tax purposes. For tax purposes, businesses may elect to become an S corporation or a C corporation. S corporations typically have preferential tax treatment. This entity type helps businesses escape the double taxation of the C corporation, and owners/shareholders are not exposed to self-employment tax.
To elect to be treated as a corporation for tax purposes, you must file IRS Form 2553 to become an S corporation or IRS Form 8832 to become a C corporation.
Although you won't be able to receive any deduction related to S corps or C corps until you have made an election, you will be able to claim a deduction for startup costs for expenses incurred before your business starts.
Startup costs are costs related to investigating or creating a business. You can immediately claim up to $5,000 in related expenses and amortize the rest.
Practical Considerations
Start Date vs. Incorporation Date
When you start your business, it's the moment you dive into business activities. This could include things like doing market research or finalizing deals with clients and suppliers. This starting date is different from the date of incorporation.
The incorporation date usually refers to when you registered your company by submitting the articles of incorporation to your state's Secretary. Remember to keep a record of when your startup began. You can deduct any costs incurred during this period. If you're having trouble keeping track, consider seeking help from a tax expert. They'll assist you in documenting and claiming your startup expenses, maximizing your tax benefits while staying compliant with tax regulations.
Conclusion
The date of incorporation is a special day for a business and its owner. It is the day a state recognizes the business as a separate legal entity. Knowing this data is essential for the successful operation of a business because it is used for several operational, legal, and tax purposes.
Frequently Asked Questions
What is a founding date?
The founding date is the date that the business was initially created.
How do I find the start date of a business?
In general, when a business starts the business operations for which it was organized, you can refer to your articles of incorporation.
How do I find the listing date of a company?
When a business makes its initial public offering (IPO), the listing date is located on the listing notice for the public offering.