This site provides information about the law designed to help users safely cope with their own legal needs. However, legal information is not the same as legal advice, which is the application of law to an individual's specific circumstances.
Also, please be advised that, based on current IRS rules and standards, any tax advice that may be contained herein is not intended to be used, nor can it be used, for the avoidance of any tax penalty that the IRS should assess related to your particular situation.
Although we go to great lengths to make sure our information is current, accurate and useful, we do not, and hereby expressly disclaim, any representation or warranty that it will apply to your specific situation. We strongly recommend that you consult a lawyer or your CPA to ensure that your interpretation of this information is accurate, and that your use of it is appropriate to your particular needs.
Your Entity Solution, LLC (“YES”) makes no representations relating to, nor does YES furnish, in any manner any legal or tax or financial advice. Neither the services nor the information provided herein are intended to replace the advice or services of an attorney or a CPA.
YES and its staff make every reasonable effort to maintain and publish accurate information, please be advised that state and federal laws are constantly changing, and each state’s laws differ, sometimes dramatically, from other states’ laws and all are subject to interpretation. When employing our services, you will be acting as your own attorney and it is your decision as to what legal entity and jurisdiction you wish to utilize for your specific purposes. The services of YES are to complete the information on the appropriate forms based on the information you have provided to us in your application submission and to file these forms with the appropriate state agency.
These filings will create the entity, be it a corporation or otherwise, with basic capitalization language, one class of stockholders or members participating in control and handling the profits in the basic manner. It is for you to decide whether such a corporation or entity satisfies your needs.
YES will make every reasonable effort to ensure that your documents have been timely prepared and filed within the prescribed time period as listed on this website. Please note that whether due to governmental bureaucracy, mailing difficulties, your delay in providing us with requested information, and/or any other unforeseen circumstances beyond the control of YES, YES will not be deemed to be have breached any time provisions herein provided that we have (i) timely submitted your formation documents to the appropriate agency, as the case may be or (ii) prepared the requested document(s) to the extent that we could, given the fact that certain information needed from you was not present on your application, and, we have timely requested such information and (iii) upon inquiry, you have been kept adequately informed of the status of your application.
Aside from certain mandatory provisions, there are a number of ways in which each state may permit your entity’s articles and/or bylaws (corporation), operating agreement (limited liability company) and/or other formation documents to contain special provisions which can vary the usual manner in which the business of the corporation or other legal entity may be conducted, the manner that control or management over its activities may be exercised, the usual manner in which stockholders or members or board of directors are elected or otherwise selected and the usual manner in which profits are shared or distributed. You must determine and advise YES if you desire some special provisions in the formation documents which vary from the usual. YES is furnishing you with documents which establish operational rules which are proper under the applicable law of that state but which have NOT been tailored to your specific requirement and needs. Within certain limitations provided by law, these documents may be amended by you at any time so that they better fit your specific requirements and needs. It is up to you to consult your attorney to determine whether you can and should amend these documents to better suit your purposes.
YES’ services are provided to you as an independent contractor and in no manner is YES to be considered acting as your agent or in any fiduciary capacity whatsoever. YES, its advisors, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although YES endeavors to respect the confidential nature of the information you are submitting to us, please be advised that NO SPECIAL RELATIONSHIP or privileged communication exists between YES and you, including without limitation, any Attorney-Client or privileged relationship that might have existed had you consulted with a licensed attorney.
IN NO MANNER WHATSOEVER ARE YES, ITS ADVISORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES GIVING OR RENDERING ANY LEGAL OR OTHER PROFESSIONAL ADVICE OR SERVICE, AND NO REPRESENTATIONS, WARRANTIES OR PROMISES, EXPRESSED OR IMPLIED, ARE GIVEN REGARDING THE LEGAL, TAX, FINANCIAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR SERVICES, FORMS OR INFORMATION AND YES HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION, WARRANTY OR PROMISE OF ANY KIND WITH RESPECT TO THE SERVICES OF YES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL YES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THEIR SERVICES.
As with all important business matters, YES, its advisors, agents, representatives, and employees strongly recommend that you consult with an attorney licensed to practice law in the applicable jurisdiction in connection with the formation of your corporation or other legal entity and its continued operations.
YES FEES MUST BE PAID IN ADVANCE prior to our doing any work and are non-refundable. Upon submitting an application to YES, whether electronically, via facsimile, mail or telephone, you hereby authorize YES to debit and charge your credit card if indicated on your application for the total cost of the services to be rendered by it. If you have not provided us with a credit card, you are obligated to pay us by cash, cashier's check, certified check or money order.
WARNING: With respect to articles, by-laws and other documents furnished and delivered by YES:
Because of the changing nature of federal, state and local laws, the various governmental filing fees you see listed on this website are subject to change without notice. Further, even if the website lists a certain governmental filing fee to be a said certain prescribed amount, in the event, that said certain filing fee has changed by the relevant governmental authority, without our knowledge, and, YES learns of said change, you will be responsible for and charged for any increases in said governmental filing fees or, in the event, that said governmental filing fee has decreased, you will receive a credit to the extent of the decrease. For instance, if the current website lists the governmental filing fee for Nevada incorporations to be $175.00 and unbeknownst to YES, Nevada has changed said filing fee to $225.00 you will be responsible for and charged said additional $50.00 even if the website does not list the filing fee as $225.00.
REGISTERED AGENT - As each state generally requires that a corporation or other legal entity formed within its jurisdiction designate a person or entity resident within that state authorized to accept service of process (e.g. a summons in a lawsuit) on behalf of the corporation or other legal entity, you hereby acknowledge and agree that your submitting an application to YES gives YES or its representatives the limited authority to sign the name of your resident principal officer, or if none, resident billing person, or if none, resident manager, or if none, resident president or if none, resident director for the purpose of declaring to that state that he or she is a resident of that state and accepts his or her appointment as resident agent and is authorized to accept service of process on behalf your corporation or other legal entity. You represent and warrant to YES that you have the right to give to YES the limited authority to accept such appointment as resident agent.
EIN - The IRS requires that a corporation or other legal entity being formed obtain an employer identification number (EIN) which is to be used as the taxpayer identification number for that corporation or legal entity. In obtaining this EIN, you must file Form SS4 with the IRS. You hereby acknowledge and agree that if you request that YES obtain your EIN Number on behalf of your corporation or legal entity, your submitting an application to YES provides YES or its representatives the limited authority to sign the name of your principal officer as indicated on your application for the purpose of obtaining your EIN. Furthermore, you represent and warrant, under the penalty of perjury, that you have provided YES correct and accurate information on your application with respect to the EIN section of your application and any other sections of your application as it pertains to your corporation or legal entity.
Warning: For Tax Exempt Organization Applicants!
If you have requested that our company prepare certain documents for exemption from tax under IRC Code Section 501(c)(3) or other related code sections and/ or have requested that our company prepare certain documents for exemption under the laws of the State of California, please be advised that your state of formation and/ or operation may have additional requirements for compliance with "solicitation" laws. In the event that you are unsure of any additional requirements, you are hereby suggested to consult with an accountant, tax attorney or other professional to find out if any such requirements are applicable to your organization.
Due to storage issues, the fact that we charge such low prices for preparation of tax exempt applications and because of the time-sensitivity and the sometimes complex nature of the tax exempt applications, your response within thirty (30) days to a request by us for information is absolutely essential. Should you fail to respond to any request we make within said thirty (30) time period, we will close your file, and, put your file in storage. In the event your file is closed, in order to open your file again you must (a) present us with the requested information and (b) you must pay a reinstatement fee of $150.