Martin Zwilling over at Startupprofessionals.com has a nice post regarding why start-up busineses should consider incorporating / organizing their business in their home state.  The post can be found here, but here is a brief summary:

• Don’t automatically flock to incorporating in Delaware.  Sure there might still be some advantages to doing so, but they don’t really apply to start-ups.
• In Indiana, where I practice law, the filing fees for incorporating a business are inexpensive and the process is relatively straightforward – not the case in popular states such as Delaware and Nevada.
• Attorneys in your home state, if you are using an attorney (hopefully you are), will be more familiar with your state incorporation laws.
• Your company may qualify for an intrastate securities law exemption in the event it offers securities for sale.
• There is no need to register as a foriegn entity in your home state – and added expense if you incorporate elsewhere.

As he points out, there are many other concerns that should be addressed when determining in what state you should incorporate – concerns you should address with a corporate attorney in your home state.

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• Startup: Clock Starts When You Incorporate (startupprofessionals.com)

About the Author - Brian Powers

Brian Powers is an attorney, entrepreneur and the owner/founder of IndianaStartup.com. His legal practice focuses on advising entrepreneurs, start-ups, and small business. He can be contacted at (317) 426-0529. He also never wears ties, despite what you see in this profile picture.

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