Incorporate in Missouri

Incorporation is the process of registering a business as a corporation and making it recognizable under law as its own legal entity. Incorporating a business can be a complicated process because each state has its own requirements for registering and operating a business as a corporation. Knowing the necessary steps and forms, however, will help keep you organized and stress-free. 

With our easy business registration service, you simply answer a few questions and we create your initial paperwork and file it with the state for you. The first business entity registration is free for Rocket Legal+ members—you pay only the state filing fees. Then, you can make and personalize all the legal documents you need for your business. Store everything online in your Rocket Lawyer account.

What is a C-Corp? 

A C-Corp, or C-Corporation, is a common business entity type. More specifically, a C-Corp is a corporation taxed under Subchapter C of the U.S. Code. Under Subchapter C, corporations are subject to tax at both the corporate and individual level (sometimes called “double taxation”). Depending on the situation, this may result in lower or higher tax burdens for the shareholders. 

C-Corps allow for anyone to be an investor and for an unlimited number of shareholders and multiple share classes.

As with other types of corporations, C-Corporations provide a common and well-known legal structure for businesses and offer their shareholders some limited liability. Except for certain instances of fraud or misconduct, a shareholder is not liable for the debts or obligations of a corporation beyond the shareholder's investment into the corporation.

Corporations are treated as a C-Corp by default, unless another type of tax treatment is selected, such as an S-Corp.

What is an S-Corp? 

Like C-Corps, S-Corps provide a common and well-known legal structure for businesses and offer their shareholders some limited liability. However, S-Corps have two main differences from C-Corps: they are taxed differently and they have more restrictions with shares.

An S-Corporation, or S-Corp, is an IRS election that allows a company to be treated like an LLC for income tax purposes, that is, as a “pass-through" entity. Instead of income taxes being owed at both the company and individual level, the income of an S-Corp is only taxed at the individual level, which means it passes through the company directly to the owners and shareholders. Again, this may result in lower or higher tax burdens for the shareholders depending on the situation.

S-Corps have more restrictions regarding shares and shareholders than C-Corps. Specifically, S-Corps can have no more than 100 shareholders, only one class of shares, and only U.S. residents or citizens as investors.

One area of common confusion is what type of entity can elect S-Corp status. Remember that this election is simply a tax choice, not a governance or legal structure choice. Both limited liability companies (LLCs) and corporations can choose S-Corp status if they qualify under the IRS's guidelines.

There are similarities between a Missouri S-Corp and a C-Corp regarding personal liability, management, structure, and compliance. The differences in Missouri, however, come down to the following:

• Taxation: A C-Corp files its own tax return and pays taxes based on its income and expenses. An S-Corp passes its earnings on to its owners, who pay taxes at their respective individual tax rates.
• Documents: The IRS requires that you file Form 2553 to elect S-Corp status. At tax time, a C-Corp must file a Form 1120 tax return. S-Corps file a Form 1120S tax return.
• Ownership: A C-Corp may have as many classes of stock as its owners choose, and it can have an unlimited number of shareholders. An S-Corp may have only one class of stock and is limited to a maximum number of shareholders, usually 100. Only individuals, certain trusts, and estates can be shareholders in an S-Corp.

Your corporation’s name should be unique and make a statement about your business. Make sure it complies with the following Missouri requirements:

• Your name must include "Corporation," "Company," "Incorporated," "Limited," or an abbreviation of one of these words.
• Your name must not imply that your business is associated with a government agency or that it has been organized for an illegal purpose.
• Your name must be distinguishable from that of any other Missouri business.

Need help coming up with a business name for your corporation? Try the Rocket Copilot™ AI Business Name Generator, a free tool to help you brainstorm business names and get started registering your corporation.

Each state has its own personnel requirements for incorporating. In Missouri, a business may incorporate with one or more directors and one or more shareholders, but incorporators must be at least 18 years of age.

Missouri does not have a residency requirement for directors or shareholders.

In addition to personnel requirements, your Missouri Articles of Incorporation must also include the following:

• The name of your registered agent. Every corporation needs a registered agent to accept service of process and other legal documents on behalf of the business. Your registered agent must be available during regular business hours. We can help you designate a registered agent when you incorporate with us.
• Your corporation's duration and purpose.
• The number of shares that the corporation is authorized to issue.

Nearly every state has standard processing times, but not all provide expedited processing for corporations. In Missouri, there are a few fees that you may be charged when you register your business as a corporation. They include the following:

State fee: $59.75.

Rocket Lawyer filing fee: $0 $99.99.

• First filing FREE* for Rocket Legal+ members (excluding state fees).
• Get additional filings HALF OFF with Rocket Legal+.

Processing time: 1-2 days.

Note: The above state fees and processing times (including expedited processing fees and times) are provided as a summary and may or may not encompass various fees mandated by your state or local authorities. Your state may also change these fees and processing times over time and without notice. If you have questions, speak to a Rocket Lawyer Business Pro to understand the costs and processing times that apply to your specific filing.

Yes – paying taxes is as important for a corporation as it is for an individual. You'll need an employer identification number, or EIN, from the IRS to identify your corporation as a taxpayer. An EIN is the equivalent of an individual's Social Security number.

We have more information about the tax structures and obligations of both C-Corps and S-Corps.

We wish you success with your new Missouri corporation! You can count on Rocket Lawyer for all the business, tax, and legal help you need at a price you can afford.

If you are planning to operate in another state, you may need to register a corporation in that state. Rocket Lawyer can help you determine which states you should register in.

Other states may have their own rules for foreign corporations that originate in Missouri or domestic corporations that also operate in Missouri. Talk to an attorney to understand the legal and tax requirements for the state(s) in which you plan to operate.