The short answer is no.  The state of Maryland does not legally require a lawyer to form a Maryland Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a Maryland Corporation.  However, if there is anything about Incorporating in Maryland that you're not sure about you should seek the advice of a competent Maryland lawyer, a Maryland accountant, or both before you Incorporate in Maryland. 

Once you have made the decision to Incorporate in Maryland, a Maryland lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Maryland Corporation.

You are not legally required to reserve a Company Name for a new Maryland Corporation before you submit your application to Incorporate in Maryland.

Whether or not you need to reserve a company name for your new Maryland Corporation depends entirely on your business situation.  The Maryland Department of Assessments and Taxation uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Maryland Company Name.

If the Name you have chosen for your new Maryland Corporation is already in use by a currently active Maryland Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Maryland Department of Assessments and Taxation.  "DBA" is an abbreviation for "Doing Business As." We verify that the Name you have chose for your new Maryland Corporation is available before we submit your Incorporation filing to the Maryland Department of Assessments and Taxation.  If necessary we can register a DBA Name in Maryland for you so that you can open your new Maryland business as quickly as possible.

1. Choose a name for your Maryland Corporation
   
   Your Maryland Corporation name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Maryland Corporation name that you choose must be distinguishable from the name of any other registered Maryland Corporation or other business entity and the name must also be different from any reserved names on record with the state of Maryland.  Your Maryland Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Maryland Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Maryland Corporation must include the word "Corporation" or "Incorporated" or an abbreviation of one of these words.
   
   It's important to choose a good name for your Maryland Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Maryland Department of Assessments and Taxation (and pay a fee). We will:
   • Check to make sure that your Maryland Corporation name is available
   • Make sure your Maryland Corporation name conforms to state of Maryland regulations
   • Reserve your Maryland Corporation name with the Maryland Department of Assessments and Taxation
2. Select an official address and a Registered Agent for your Maryland Corporation
   
   Every Maryland Corporation must have an address that is physically located in the state of Maryland.  This address is "registered" with the Maryland Department of Assessments and Taxation.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Maryland to receive all correspondence on behalf of the Maryland Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Maryland Corporations hire a Registered Agent because they don't have a physical address within the state of Maryland or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your Maryland Corporation.
3. Choose a Board of Directors for your Maryland Corporation
   
   All Maryland Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Maryland Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your Maryland Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Maryland or shareholders of the Maryland Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Maryland Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your Maryland Corporation
   
   The Board of Directors elects Officers for your Maryland Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Maryland Corporation.  Officers handle the day to day operation of the Maryland Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Maryland Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the Maryland Corporation. 
   
   
5. Determine how you want your Maryland Corporation to be taxed
   
   The Maryland Corporate Income Tax Rate is 8.25%.   You may form an S Corporation in Maryland.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Maryland Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Maryland Corporation and include it with your Incorporation documents.
   
   Click here for more Maryland Corporate Tax Information
6. File Articles of Incorporation with the Maryland Department of Assessments and Taxation
   
   In order to form a Corporation in Maryland you must file Articles of Incorporation with the Maryland Department of Assessments and Taxation.  The Articles of Incorporation must include certain specific information about your Maryland business. If the Articles do not conform exactly to state of Maryland requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Maryland Corporation but you will have to pay a fee to the state of Maryland in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Maryland Corporation.  All Maryland Corporations are required to have an FEIN.
   We can obtain an FEIN for your Maryland Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Maryland Corporation.  When you form your Maryland Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small Maryland Corporations hold 100% of the shares.
   
   Stockholders in a Maryland Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Maryland Corporation is able to make all Corporate business decisions.  Maryland Corporations usually hold at least 51% of the corporate stock in order to retain control of the Maryland Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your Maryland Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the Maryland Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the Maryland Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Maryland law or the Maryland Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Maryland office.
   
   
2. Open a Business Bank Account in Maryland
   
   It's very important that you have a separate business bank account for your Maryland Corporation.  Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Maryland Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Maryland Corporation merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Maryland Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Maryland Corporation vary depending on your business activities and the specific locations within the state of Maryland in which you want to conduct business.
   
   If your Maryland Corporation will be selling products in Maryland you may be required to obtain a Reseller's Permit from the appropriate Maryland state agency.  If your Maryland Corporation will be selling products in Maryland you will also be responsible for all applicable local and state of Maryland sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Maryland Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Maryland Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the Maryland Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your Maryland Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your Maryland Corporation into a form that complies with all state of Maryland requirements.
   
   
5. File the required Maryland Professional Corporation reports
   
   Every Maryland Corporation must file an Annual Personal Property Return EACH year with the MD Department of Assessments and Taxation.
   
   The Maryland Corporation Annual Personal Property Return is due at the Maryland Department of Assessments and Taxation by April 15 EACH year.
   
   If a Maryland Corporation files its Annual Personal Property Return with the Maryland Department of Assessments and Taxation after the due date, the MD Corporation will have to pay a penalty, to which is interest is compounded, and risks being dissolved by the Maryland Department of Assessments and Taxation.
   
   
   
   
6. Keep proper records of your Maryland Corporation on file
   
   Keep the following records on file and available at the principal business office of your Maryland Corporation:
   • Names and addresses of all Directors and Officers of the Maryland Corporation
   • Articles of Incorporation for the Maryland Corporation and any Amendments to them
   • Corporate Bylaws for the Maryland Corporation and any Amendments to them
   • List of current shareholders of the Maryland Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the Maryland Corporation
   • Copies of all tax returns and Annual Reports for the Maryland Corporation for the last 3 years

In order to Incorporate in Maryland you'll need the following information about your new Company:

• The name of your new Maryland Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in Maryland (not a PO Box)
  
• Name and address of your Maryland Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Maryland Corporation
• Names and addresses of the initial Directors of the Maryland Corporation
• The number of shares of stock that the Maryland Corporation will be authorized to issue
• The par value of the shares which the Maryland Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Maryland becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Maryland.

Processing times for new Maryland Corporation applications vary depending on the work load of the Department of Assessments and Taxation's staff.  We've found that normal processing of new Maryland Articles of Incorporation takes the state around 7 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Maryland LLC.

We are dependent on, and have no control over, the staff and systems of the Maryland Department of Assessments and Taxation.

In our experience 7 business days is the time it usually takes the Maryland Department of Assessments and Taxation to process a new Maryland Corporation application. We get your Maryland Corporation application to the MD Department of Assessments and Taxation ASAP. Once it is at the state we have no control over the new Maryland Corporation application process.

The state of Maryland charges $195.00 to Incorporate in MD.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the MD Department of Assessments and Taxation.  If you choose All Business Documents to help you Incorporate in Maryland our processing fees are $125.00.  We start processing your new Maryland Corporation order as soon as we get it.

Total cost includes:

• MD Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Maryland Department of Assessments and Taxation
• Certified Copies of Articles
• Maryland Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of Maryland then you will most likely need to form a Maryland Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the Maryland Department of Assessments and Taxation.

Depending on exactly what it is that you want to do in Maryland, approval from a specific Maryland state agency or board may be required before the MD Department of Assessments and Taxation will approve a new Maryland Professional Corporation filing.  This could add to the total processing time for a new Maryland Corporation.

You want to do business in the state of Maryland but are registered as a Domestic Corporation in another state.  In order to legally conduct business in the state of Maryland you must register with the Maryland Department of Assessments and Taxation as a Maryland Foreign Corporation.  The process of registering as a Foreign Corporation in the state of Maryland is called Maryland Corporation Foreign Qualification. 

The process of Maryland Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Maryland.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Maryland Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the Maryland Foreign Corporation.