What to file before incorporating, and when to call a lawyer
Build a pre-formation checklist, use an assistant to surface gaps, and know when a judgment call needs a lawyer.
You are about to pay to incorporate, and the formation page is already asking you to choose. Write the answer down as a checklist: entity type, state, registered agent, address, DBA, EIN, operating agreement, and the attorney questions that decide the rest.
LegalZoom's AI Assistant is available at no cost to existing and future business owners. New founders can set up a free LegalZoom account before forming a company and get help choosing the right filing, state, and product. If an answer changes ownership, liability, taxes, or investor terms, stop and call a lawyer before paying. Let the assistant surface missing pieces, but do not let it choose the package for you.
Start with the entity, not the price
Skip the formation page until the boring part is done. The wrong entity gets chosen there. Pick the business type you think you need, then test it against the people who will own it, the money that will enter it, and the state where you will operate.
Entity type comes first. A sole proprietorship, LLC, or corporation changes how you sign contracts, how you report income, and how you protect personal assets. With a co-founder, the ownership split and future equity need a written answer before formation. Outside money changes the question: ask whether investors will require a corporation.
State choice comes next. You can form in your home state or another state, but the right answer depends on where you have a physical presence, where you sell, and whether you need a registered agent in multiple places. Do not pick a state because a blog says it sounds better.
Registered agent and address are the remaining pair. The agent receives legal papers, and the address is the public record. Working from home, decide whether you want that address on the public file. Using a service, confirm who receives legal papers and where the mail goes.
DBA, EIN, and operating agreement are the paperwork that makes the entity usable. A DBA lets you trade under a name that is not the legal name. An EIN lets you open a bank account and file taxes. An operating agreement sets ownership, roles, and what happens when someone leaves.
- Entity type: sole proprietorship, LLC, or corporation, and why it fits your ownership and funding path.
- Formation state: where you will file, and whether you need a registered agent there.
- Registered agent: who receives legal papers, and whether that person or service is reliable.
- Address: the public address you are willing to publish, and whether it is home, office, or mail service.
- DBA: the trade name you will use, and whether it is clear in your state.
- EIN: the tax ID you need for bank accounts and filings.
- Operating agreement: ownership, roles, money in and out, and exit rules.
- Attorney questions: the judgment calls that change structure, liability, or investor terms.
- Compare-before-paying rule: get competing quotes for the same scope before buying formation.
Keep the list in a note you can send to a lawyer. If an item is unclear, mark it open and move to the next one.
Use the assistant for gaps, not decisions
LegalZoom announced its AI Assistant on October 29, 2026. It builds responses from the customer's entity record, using the company's classification, state of formation, registered agent, and address. When a judgment call is required, the assistant connects users to a licensed attorney or specialist. It works through ChatGPT, Claude, Copilot, Gemini, and Perplexity.
The assistant is tied to LegalZoom's service menu, covering core business-management offerings and partner services. Run the checklist through it, and treat any product recommendation as a starting point for comparison.
Call a lawyer when the answer changes the structure
When the question stops being routine, bring the open items to a lawyer. Multiple founders with unequal ownership, outside money, a field with extra rules, or a move between states can make the entity choice a judgment call. Bring the checklist to any quote review. Ask what is missing when a quote omits a required item.