Step two in starting a business is preparing and filing the papers necessary to form your business entity. Should you plan to conduct business as a sole proprietorship (with all the liability for business debts being personal debts of the owner), you can move on to Step 3, Licensing and Permitting.

     All other business forms require a filing with the Secretary of State. The first form essential to forming a business entity, aside from a sole proprietorship, is the designation of a Resident Agent.

     All Nevada corporations, limited-liability companies and limited partnerships must have a designated Resident Agent. Also, all foreign corporations, limited-liability companies and limited partnerships authorized to do business in Nevada must have a designated Resident Agent. Nevada Resident Agents must be either natural persons or corporations having a street address in Nevada where someone of suitable age and discretion will be present to receive service of legal process on behalf of the corporation, limited-liability company or limited partnership during regular business hours. In addition to receiving service of legal process, the Resident Agent is also required to keep or have available upon reasonable notice certain corporate documents specified by Nevada statutes. NRS 78.105, 86.24l, 88.335, 88-575(7).

     Although a Nevada business can certainly serve as its own Resident Agent, provided it maintains a street address where service of legal process can be made, most businesses prefer to avoid the interruptions and uncertainties likely in the event legal papers are served during business hours. For this reason, a majority of businesses elect to have a listed Resident Agent perform those statutory duties. HILBRECHT & ASSOCIATES performs Resident Agent service as an accommodation to its corporate clients. The firm's Resident Agent affiliates, Amcorp and Corporate Services Group, offer Resident Agent services at very modest rates. HILBRECHT & ASSOCIATES has developed a series of instructional worksheets that permit you to supply all the data needed to complete the Nevada Secretary of State's forms for forming corporations, limited-liability companies and limited partnerships. THESE WORKSHEETS CAN BE FOUND AT THE WEB PAGES OF OUR RESIDENT AGENT AFFILIATES, AMCORP AND CORPORATE SERVICES GROUP.

     Since the law now requires all formation documents to be filed on the Secretary of State's forms, it is important that your filings be submitted accurately on a completely filled out official form.

1. SELECTING THE BUSINESS ENTITY

2. Formation of the business entity

3. LICENSING, PERMITTING & REGISTRATION