Individuals interested in creating a for-profit business or nonprofit organization may create a Utah corporation. The Division of Corporations and Commercial Code provides forms (and an optional online filing system) for creating a corporate entity. Filers can get forms online and then send them in to the Division to create a corporation in the state of Utah.
Create a business name for your organization. In Utah, you must use one of the following words or a related abbreviation in your corporation name: corporation, incorporated or company. However, this requirement is merely optional when creating a Utah nonprofit corporation.
Open the “Business Entities” page on the Utah Division of Corporations and Commercial Code website at Corporations.utah.gov/business/index.html. When creating a corporation in Utah, you then choose either the domestic profit, domestic nonprofit or professional corporation link.
Continue on to the page for your chosen corporate entity. You can then find links for the “Articles of Incorporation” and related instructions.
Read the instructions and fill out the filing forms. As Utah suggests, it is always advisable to consult with a Utah business attorney when incorporating a business or nonprofit. Corporate law is very complex. The preexisting forms will provide you with the bare minimum for creating a corporation and may not suit all your business or charitable needs and purposes.
For example, you would need to meet federal requirements to qualify as a tax-exempt nonprofit. Even though you file at the state level in Utah, your formation documents must include certain articles to later qualify for the important charity tax exemption. Read Publication 557 on the IRS.gov website for additional information on obtaining tax-exempt status.
Utah also has an online business registration system at Secure.utah.gov/osbr-user/user/welcome.html. You can use that to simplify the process of starting a business in Utah. The system registers you for taxes and other obligations at the same time you register your new Utah nonprofit or business corporation.
Prepare the filing fee for your incorporation forms. As of 2010, the fee is $70 to create a Utah business corporation. You must pay $30 to file a nonprofit.
Send in the original and a copy of your “Articles of Incorporation” and filing fee to the following address:
Division of Corporations and Commercial Code
Utah Department of Commerce
160 E. 300 South
P.O. Box 146705
Salt Lake City, UT 84114-6705
Note that you may also visit the address above and pay by cash or credit card.
Links to Formation Documents for Utah Business Entities