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

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

Once you have made the decision to Incorporate in Utah, a Utah 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 Utah Corporation.

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

Whether or not you need to reserve a company name for your new Utah Corporation depends entirely on your business situation.  The Utah Department of Commerce 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 Utah Company Name.

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

1. Choose a name for your Utah Corporation
   
   Your Utah 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 Utah Corporation name that you choose must be distinguishable from the name of any other registered Utah Corporation or other business entity and the name must also be different from any reserved names on record with the state of Utah.  Your Utah Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Utah Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Utah 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 Utah Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Utah Department of Commerce (and pay a fee). We will:
   • Check to make sure that your Utah Corporation name is available
   • Make sure your Utah Corporation name conforms to state of Utah regulations
   • Reserve your Utah Corporation name with the Utah Department of Commerce
2. Select an official address and a Registered Agent for your Utah Corporation
   
   Every Utah Corporation must have an address that is physically located in the state of Utah.  This address is "registered" with the Utah Department of Commerce.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Utah to receive all correspondence on behalf of the Utah Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Utah Corporations hire a Registered Agent because they don't have a physical address within the state of Utah or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your Utah Corporation.
3. Choose a Board of Directors for your Utah Corporation
   
   All Utah Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Utah 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 Utah Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Utah or shareholders of the Utah Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Utah 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 Utah Corporation
   
   The Board of Directors elects Officers for your Utah Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Utah Corporation.  Officers handle the day to day operation of the Utah Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Utah 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 Utah Corporation. 
   
   
5. Determine how you want your Utah Corporation to be taxed
   
   The Utah Corporate Income Tax Rate is 5%.   You may form an S Corporation in Utah.  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 Utah Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Utah Corporation and include it with your Incorporation documents.
   
   Click here for more Utah Corporate Tax Information
6. File Articles of Incorporation with the Utah Department of Commerce
   
   In order to form a Corporation in Utah you must file Articles of Incorporation with the Utah Department of Commerce.  The Articles of Incorporation must include certain specific information about your Utah business. If the Articles do not conform exactly to state of Utah requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Utah Corporation but you will have to pay a fee to the state of Utah 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 Utah Corporation.  All Utah Corporations are required to have an FEIN.
   We can obtain an FEIN for your Utah Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Utah Corporation.  When you form your Utah 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 Utah Corporations hold 100% of the shares.
   
   Stockholders in a Utah Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Utah Corporation is able to make all Corporate business decisions.  Utah Corporations usually hold at least 51% of the corporate stock in order to retain control of the Utah 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 Utah 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 Utah 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 Utah 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 Utah law or the Utah Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Utah office.
   
   
2. Open a Business Bank Account in Utah
   
   It's very important that you have a separate business bank account for your Utah 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 Utah Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Utah 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 Utah Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Utah Corporation vary depending on your business activities and the specific locations within the state of Utah in which you want to conduct business.
   
   If your Utah Corporation will be selling products in Utah you may be required to obtain a Reseller's Permit from the appropriate Utah state agency.  If your Utah Corporation will be selling products in Utah you will also be responsible for all applicable local and state of Utah 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 Utah Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Utah 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 Utah 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 Utah Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your Utah Corporation into a form that complies with all state of Utah requirements.
   
   
5. File the required Utah Professional Corporation reports
   
   The Utah Secretary of State does not have any Initial Corporation Annual Report filing requirements for new Utah Corporations.
   
   Every Utah Corporation is required to file an Annual Report with the Utah Secretary of State EACH year.
   
   The Utah Corporation Annual Report is due at the Utah Secretary of State EACH year by the anniversary date on which the Utah Corporation was approved by the Utah Secretary of State.
   
   If a Utah Corporation does not file its Annual Report with the Utah Secretary of State by the due date, the Utah Secretary of State imposes a late filing fee and may administratively dissolve the Utah Corporation.
   
   
   We can fill out and file any Annual Report with the Utah Department of Commerce after your Utah Professional Corporation gets going.
   
   
   
6. Keep proper records of your Utah Corporation on file
   
   Keep the following records on file and available at the principal business office of your Utah Corporation:
   • Names and addresses of all Directors and Officers of the Utah Corporation
   • Articles of Incorporation for the Utah Corporation and any Amendments to them
   • Corporate Bylaws for the Utah Corporation and any Amendments to them
   • List of current shareholders of the Utah 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 Utah Corporation
   • Copies of all tax returns and Annual Reports for the Utah Corporation for the last 3 years

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

• The name of your new Utah 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 Utah (not a PO Box)
  
• Name and address of your Utah Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Utah Corporation
• Names and addresses of the initial Directors of the Utah Corporation
• Names and addresses of each Officer of the Utah Corporation
• The number of shares of stock that the Utah Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Utah 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 Utah.

Processing times for new Utah Corporation applications vary depending on the work load of the Department of Commerce's staff.  We've found that normal processing of new Utah Articles of Incorporation takes the state around 10 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 Utah LLC.

We are dependent on, and have no control over, the staff and systems of the Utah Department of Commerce.

In our experience 10 business days is the time it usually takes the Utah Department of Commerce to process a new Utah Corporation application. We get your Utah Corporation application to the UT Department of Commerce ASAP. Once it is at the state we have no control over the new Utah Corporation application process.

For an additional $75 the Utah Secretary of State will process a new Utah Corporation filing within 48 hours.

The state of Utah charges $88.00 to Incorporate in UT.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the UT Department of Commerce.  If you choose All Business Documents to help you Incorporate in Utah our processing fees are $125.00.  We start processing your new Utah Corporation order as soon as we get it.

Total cost includes:

• UT Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Utah Department of Commerce
• Certified Copies of Articles
• Utah 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 Utah then you will most likely need to form a Utah Professional Corporation.

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

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

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

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