Businesses may incorporate in Wisconsin by filing the appropriate formation documents with the state. Incorporating a business in the state of Wisconsin creates a distinct legal entity that has a separate existence from the company's shareholders and directors. Legal assistance is not a requirement to incorporate a business in the state of Wisconsin. Business owners in Wisconsin may incorporate online using the Wisconsin Department of Financial Institutions website, by mail or in person.
Size
There are no size restrictions or limitations when incorporating in Wisconsin. A single person may incorporate a business in the state of Wisconsin, or an unlimited number of shareholders may incorporate in the state. Shareholders of a Wisconsin corporation may be limited liability companies, other corporations, individuals, foreign businesses and partnerships. The process to incorporate in the state of Wisconsin is the same regardless of how big or small the corporation will be.
Name
A name availability search must be conducted prior to filing incorporation paperwork with the state of Wisconsin. This ensures that the name you have selected for the Wisconsin corporation is distinguishable from other business entities that are registered with the Wisconsin Department of Financial Institutions. Confirm name availability using the Wisconsin Department of Financial Institution's online corporate registration information system or by calling the Wisconsin Department of Financial institutions at 608-261-7577. Failure to conduct a name availability search may cause the Wisconsin Department of Financial Institutions to reject your company's incorporation documents if the name of the company is too similar to that of another business in the state.
Significance
Wisconsin businesses are required to file articles of incorporation with the Wisconsin Department of Financial Institutions as a condition of incorporation. Fill-in-the-blank articles of incorporation are printed out using the Wisconsin Department of Financial Institutions website, or received by sending a written request to the Department of Financial Institutions, Division of Corporate and Consumer Services, P.O. Box 7846, Madison, WI, 53707-7846. Provide information about the company such as the number of shares the Wisconsin corporation will be authorized to issue, as well as the name and address of each person or business that is responsible for filing the company's articles of incorporation with the state. Include the name and address of a person or business that will accept the Wisconsin corporation's legal and tax documents. The Wisconsin Department of Financial Institutions accepts articles of incorporation electronically on their website, by mail or in person at the Wisconsin Department of Financial Institutions office. As of 2010, it costs $100 to file articles of incorporation.
Time Frame
It may take up to five business days to have articles of incorporation approved from the time that the Wisconsin Department of Financial Institutions receives the incorporation paperwork. Periods where filing volume is high will cause business owners to wait longer. Call 608-261-7577 to confirm that the articles of incorporation have been received by the Wisconsin department of financial institutions. Expedite documents by paying an additional $25 fee, as of 2010.
Considerations
Incorporated businesses in Wisconsin must execute corporate bylaws to provide rules and regulations for operating the business. The state of Wisconsin does not impose specific requirements or guidelines on the contents of a corporation's bylaws. This means a corporation in Wisconsin may create bylaws to meet the company's specific needs. Include information such as the date and time of director and shareholder meetings, as well as the procedure for electing new directors. Indicate the voting rights of the company's shareholders and state the duties of the company's officers. Instead of filing bylaws with the state, Wisconsin corporations should keep their bylaws at the primary place of business.
