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Incorporate in Maryland - State Requirements

Before you proceed with plans to incorporate in Maryland, it is prudent to consider if your future company will be better served by incorporation in a different state than your home state. There is no requirement that your business must be incorporated in the state where your business is located.

Experts agree that the state of Delaware provides the most progressive, supportive and inexpensive system for the formation of business entities. In fact, more than 50% of all Fortune 500 companies incorporate in Delaware. For those companies the tax benefits, anonymity and streamlined corporate bylaws of Delaware are important business factors. Whether incorporating in Delaware would have a significant impact on the operations of your company is a matter that you should explore before making a final decision. We recommend that you review the Incorporate in Delaware article on this site. Then, either continue with your review of this article, and other steps to incorporate in your home state, or begin the simple procedures that exist to carry out your incorporation in Delaware.

Name Search, Selection and Registration in Maryland

A name search is required for registration of a company name. Contingent on the name search, any proposed name for a new corporation that is a duplicate of the name for an existing corporation will be denied registration. In addition, any proposed name for a new corporation that can be construed as or mistaken for an existing domestic or foreign corporation will be denied registration.

The word "Incorporated," "Corporation," "Limited," or an abbreviated version of one of these signifiers must be included as part of the incorporated business name. Alternatively, the word "Company," or its abbreviated form, can be used if it is not preceded by either "&" or "and."

Maryland Incorporation, Board and Operations Requirements

  • The S Corporation is a recognized entity.
  • Initial filing fees may be revised if shares or par value increases.
  • The Board must have a minimum of three directors, unless there are fewer than three shareholders. In that case, there must be as many directors as there are shareholders.
  • There is no place-of-residence requirement.
  • There is no age limit for directors.
  • Articles of incorporation require names of directors to be listed.
  • Articles of incorporation do not require names of corporate officers to be listed.
  • Minutes and records of corporate and shareholder meetings, as well as the original articles of incorporation (or a certified copy), and the stock transfer ledger must be kept at the main corporate office.


    • If you want to learn more about the procedures that must be followed to incorporate in Maryland, you can read detailed articles on this site that explain how to select a business entity, as well as articles that outline the step-by-step process of incorporation.


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