Michigan S Corporation Formation Attorneys & Lawyers

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Seth W.

Seth Wiener

1226 reviews
As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.
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Steven S.

Steven Stark

583 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Scott S.

Scott Stram

403 reviews
As a member of both the New York and New Jersey Bars, Scott Stram is an accomplished lawyer with experience in a range of legal and business areas. This includes corporate law, data security, compliance, real estate, and intellectual property. Before founding Stram Law, Scott was a compliance officer for a company that performed property audits, a director of a security consulting practice, and an operations officer for Viacom and CBS.
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Jake S.

Jake Siciliano

275 reviews
Jake graduated from Thomas Jefferson School of Law where he focused on international trademark and corporate law. As of 2022, he has obtained his L.L.M. in Financial Compli... read more
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Alisha B.

Alisha Bond

235 reviews
-Received a BS in Communications in 2005, JD from Mississippi College School of Law in 2009, and MBA from University of Maryland in 2016. -Results driven and experienced a... read more
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Richard G.

Richard Gora

200 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Michael W.

Michael Wieser

164 reviews
I am dedicated to working with startup entrepreneurs and early stage growth companies to provide legal stability and scalability for growing enterprises. What sets me apart... read more
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Brig R.

Brig Ricks

159 reviews
I am a senior executive and strategic legal adviser with 19 years of experience providing legal services in international environments. I am a general counsel who can advis... read more
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Grant M.

Grant Maynard

128 reviews
Grant represents high-growth companies in all aspects of formation, financing, and intellectual property issues. He has previously done general corporate, intellectual, and real estate work at Nebraska's oldest law firm before transitioning to a more virtual lifestyle. As an entrepreneur himself, he understands the need to balance legal and business interests.
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Baruch G.

Baruch Gottesman

119 reviews
Baruch Gottesman is a corporate attorney with over a decade of experience. He is licensed to practice law in both New Jersey and New York. Baruch obtained his J.D. degree in law from the Benjamin N. Cardozo School of Law, Yeshiva University. He is skilled in providing legal assistance to startup companies, with exceptional experience in drafting, negotiating and reviewing commercial contracts. Baruch founded his own law firm in January 2010.
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Why use UpCounsel to hire a Michigan S Corporation Formation Attorney?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Michigan S Corp the right way.
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Why use UpCounsel to form an S Corporation in Michigan

Starting an S Corporation in Michigan with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our S Corporation attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for an S Corporation.

When forming an S Corporation in Michigan with UpCounsel, the attorney you choose to help you will conduct a business name search for your Michigan S Corporation and assist you in preparing your S Corporation Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Incorporation have been prepared and successfully filed with the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Service, your Michigan S Corporation has been formed and begins its existence as a corporate entity.

However, a corporation does not register as an S Corporation with the Department of Licensing and Regulatory Affairs Bureau of Commercial Service. It registers as a corporation with the state and then may file for S Corporation status with the IRS. S Corporation status is a taxation category which provides income tax advantages to small businesses.

Choosing a Company Name for Your S Corporation

One of the first steps in the process of forming your S Corporation is to choose your business name.

The business name that you choose must contain the word "Incorporated", "Corporation", "Company", or "Limited", or an abbreviation. It must be distinguishable (not the same as or deceptively similar to) the name of an S Corp or foreign S Corporation reserved or registered.

Your S Corporation name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Michigan S Corp before filing to see which names are available. Once you have chosen an available name, your chosen S Corporation attorney can help you properly register your name with the State of Michigan.

Requirements for Forming a Michigan S Corporation

Articles of Incorporation: When forming an S Corporation in Michigan, the Articles of Incorporation must be filed following NRS Chapter 86 with the Michigan Department of State Division of Corporations. Michigan state law requires that certain information be included in your Articles of Incorporation when forming your Michigan S Corporation.

This information must include:

  1. The S-Corp's name and address.
  2. The purpose of the S Corporations.
  3. The name and address of the registered agent for service of process on the S Corporation.
  4. The number of shares the corporation is authorized to issue (if there is more than one class or series of shares, state the relative rights, preferences, and limitations of the shares of each class).
  5. The name and address of each incorporator.

Additionally, a Michigan S Corporation formation generally requires inclusion and/or consideration of the following:

S Corporation Qualification Requirements: For a corporation to qualify as a S Corporation for tax purposes, it must meet the following requirements:

  1. Must be a domestic corporation.
  2. Have only allowable shareholders including individual, certain trusts, and estates; and may not include partnerships, corporations or non-resident shareholders.
  3. Have only one class of stock
  4. Have no more than 100 shareholders
  5. Not be an ineligible corporation (i.e. certain financial institutions, insurance companies, and domestic international sales corporations).

Additionally, a Michigan S Corporation formation generally requires inclusion and/or consideration of the following:

S Corporation Operating Agreement: Although the S Corporation Operating Agreement is not required with the Articles of Incorporation, it is a good idea for every S Corporation with more than one member to have one. The Articles of Incorporation may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. Michigan recognizes operating agreements as governing documents.

Membership: A S Corporation must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the S Corporation directly from the S Corporation at the time of formation and, after formation, at the time provided in and upon compliance with the Articles of Incorporation or the operating agreement or, if not provided, only upon the vote of a majority in interest of the S Corporation members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the S-Corp's operating agreement.

Business Licenses: Business licenses and/or permits are required for most S-Corp's offering specific professional services. Contact the Michigan State Corporations Commission for specific licenses.

Resident Agent needed for a Michigan S Corporation

UpCounsel attorneys can also provide your business with a registered agent in Michigan. Every Michigan S Corporation must have a registered agent in Michigan, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. A Michigan resident, corporation, or a foreign corporation that has the authority to transact business in Michigan may act as a registered agent, as long as they have a physical street address in Michigan.

Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Service

Once you create an S Corporation in Michigan, the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Service will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Service.

Recurring Responsibilities and Duties for Michigan S Corporations

Annual Report: Each S Corporation shall provide an annual report to the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Services regarding its financial condition to each of its members. This must be filed every year by May 15. The filing fee for the annual report is $25.

Records: Each Michigan S Corporation must keep the following records open to inspection at its office:

  1. A current list of the full name and last known business or residence address of each member and of each holder of an economic interest in the S Corporation set forth in alphabetical order, together with the contribution and the share in profits and losses of each member and holder of an economic interest.
  2. If the S Corporation is manager-managed, you will need a current list including the full name and business or residence address of each manager.
  3. A copy of the Articles of Incorporation and all amendments thereto, together with any powers of attorney pursuant to which the Articles of Incorporation or any amendments thereto were executed.
  4. Copies of the S-Corp's federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years
  5. A copy of the S-Corp's Operating Agreement, if in writing, and any amendments thereto, together with any powers of attorney pursuant to which any written operating agreement or any amendments thereto were executed.
  6. Copies of the S-Corp's financial statements, if any, for the six most recent fiscal years.
  7. The books and records of internal affairs as they relate to the S Corporation for at least the current and past four fiscal years.
  8. A signed "Incorporator's Statement" showing the names and addresses of the initial directors who will serve on the board until the first annual meeting of shareholders.

Filing Fees for a Michigan S Corporation

Filing of the Articles of Incorporation must be made with the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Services in which the S Corporation was organized, along with the appropriate state filing fee. The filing fee is based on the number of authorized shares plus a $10 fee. There is a $50 fee for the first 60,000 shares; $100 for up to 1 million shares.

Taxes for a Michigan S Corporation

A Michigan S Corporation is a special type of corporation created through an IRS tax election. An eligible corporation can avoid double taxation (once to the corporation and again to the shareholders) by a corporation with a Subchapter S designation by the IRS. A corporation must file a Form 2553 to elect "S" status within two months and 15 days after the beginning of the tax year.

Owners of the S Corporation report business losses or profits on their personal tax returns, and therefore the business itself is not taxed. Each shareholder is responsible for paying taxes on their pro rata share of the S corporation's items of income, deductions, and credits (through a Schedule K-1 form).

Michigan state law follows federal law for income tax purposes. Therefore if a corporation is classified as an association taxable as a S Corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

Federal Income Tax: An S Corporation does not pay federal income tax.

Michigan State Income Tax: Michigan S Corporations are however taxable under state law. Michigan imposes the Single Business Tax rather than an income tax.

Federal Tax Identification Number: Your corporation will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). You do not need to get a new EIN after the corporation choose to become a S Corporation. An EIN is similar to an individual's social security number. You will need an EIN for your S Corporation as long as there is one member, even if the S Corporation does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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This is the most recent 17 reviews for Business Formation attorneys in Michigan

Sara Mana
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Partnership

Sara Mana

"Honestly didn't think it was possible to have such a good experience with a lawyer. Sara was incredibly prompt, helpful, and kind. 6/5 stars."

.
Kalamazoo, MI,

Steven Stark
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Business Formation Matter

Steven Stark

"I had the opportunity to work with Steven on setting up an LLC for a new business. I was able to get on his schedule for a brief call and he immediately understood my need and explained the process in terms I was able to understand. He took a huge burden off of me, and provided thorough communication at every step. I really appreciated Steven's legal guidance and support, and would highly recommend working with him."

.
Caledonia, MI,

Daniel Weberman
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Franchise Agreement

Daniel Weberman

"I had the privilege of working with Daniel from UpCounsel on my franchise contract, and I'm thrilled to share my experience. Daniel is fantastic! If you're seeking legal counsel for franchise agreements or any other business-related legal matters. His expertise, communication skills, dedication, and professionalism exceeded my expectations, and he played a pivotal role in ensuring that my franchise contract was tailored to my business's best interests. Working with Daniel was not only a sound legal decision but also a genuinely enjoyable and educational experience. If you're in need of a top-notch attorney who truly cares about your success, Daniel is the right choice. I am immensely grateful for his outstanding work and the peace of mind he provided throughout the process. Thank you, Daniel!"

.
Sterling Heights, MI,

Sam Goldstein
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Operating Agreement

Sam Goldstein

"I hired Sam to review and revise an existing partnership operating agreement for me. He was extremely helpful and knowledgeable in this area, and he provided expert guidance and assistance in identifying the parts that needed updating and providing concrete suggestions for them. He was responsive and efficient. I will definitely use Sam again for my business structure needs. I highly recommend him!"

.
Grand Rapids, MI,

James Hortsman
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Corporate Restructure

James Hortsman

"Very responsive, friendly, and knowledgeable. Hopefully we can get through a quick round of edits and work together again soon."

.
Canton, MI,

Brandon Schantz
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Operating Agreement

Brandon Schantz

"Great job."

.
Clarkston, MI,

Lara Lavi
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

15 Minute Business Formation Consultation

Lara Lavi

"My questions were answered and I was helped with other networks to advance in my business"

.
Westland, MI,

Sean Morrison
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Partnership Agreement

Sean Morrison

"I had an contract document that needed to be reviewed and on very short notice (under 24 hours), Sean reviewed the lengthy document and we arranged a one hour call to review all aspects of the agreement. I highly recommend Sean for all your business contract and legal needs."

.
Royal Oak, MI,

Geoffrey Amend
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Restructure Corporation

Geoffrey Amend

"Geoffrey responds quickly and is always happy to have a chat to clear anything up. He also was happy explaining/helping us with a few other issues that didn't related to the job. I will definitely be hiring Geoffrey again for my startup business."

.
Plymouth, MI,

Thomas Bark
4.8
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

15 Minute Business Formation Consultation

Thomas Bark

"Tom was helpful in showing me the process for registration. I will continue to work with him. Very respectful and honest. Thanks"

.
Troy, MI,

Lois (Nuo Jia) Li
4.5
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Draft Operating Agreement

Lois (Nuo Jia) Li

"Efficient, quick and knowledgeable, I will definitely utilize her services in the future."

.
Palmetto, GA,

Houston Barnes
4.5
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Review Franchise Agreement

Houston Barnes

"Quick turnaround on a contract review and he provided clear advice."

.
Monroe, MI,

Steven Stark
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Corporate Formation Services

Steven Stark

"Steve is extremely knowledgeable and patient. He ensures that you understand exactly what needs to happen and guides you to making the right decisions for you."

.
Ann Arbor, MI,

Lois (Nuo Jia) Li
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Need Subscription Agreements Drafted for Crypto Investment Fund

Lois (Nuo Jia) Li

"Great person to work with!"

.
Miami Beach, FL,

Umar Farooq
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Company Dissolution

Umar Farooq

"Great attorney, Thank you"

.
Ann Arbor, MI,

Lois (Nuo Jia) Li
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Partnership Formation Services

Lois (Nuo Jia) Li

"Lois have done an excellent job, I definitely will recommend her."

.
Ann Arbor, MI,

Brian Selchick
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Convert LLC into Corporation

Brian Selchick

"Highly recommended."

.
Phoenix, AZ,

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