If a US company order is canceled after payment has been taken by The Company but before a name check has been completed, The Company will refund the total order amount less any costs incurred and a $25 dollar processing fee. If the order is canceled after the name check has been completed but before the formation documents have been created, The Company will refund the total order amount less a $50 processing fee. If the order is canceled after the formation documents are created, The Company will refund the total amount of the order less a $75 dollar processing fee provided that the formation document is not already submitted to the government. For a company order outside of the US The Company, if The Company authorizes a refund the maximum refund is the amount paid less the greater of $200 or ten percent of the purchase price. In addition, money paid to The Company that has already been paid to the government for filing, to affiliates, suppliers or others expenses to fulfill your order is not refundable, including, but not limited to, credit card processing fees. Once a company or document has been sent to the government for filing on the customer’s behalf, the order cannot be canceled.
A $25 fee will be added to all checks returned to The Company due to non-sufficient funds or closed accounts. In addition, a bank service fee will be charged on these checks.
In addition, while The Company will go to great efforts to accommodate our customers, mechanical or human error may occur. Thus, if for any reason your incorporation request, llc formation request, or trademark search or trademark application preparation request is unreasonably delayed, destroyed, misplaced, or otherwise missing, The Company WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR COMPENSATORY DAMAGES. YOUR SOLE REMEDY WITH The Company WILL BE A COMPLETE REFUND OF ANY AND ALL FEES PAID TO The Company FOR OUR SERVICES.
In the event that a rush order has been placed, we will make every effort to complete the corporate filing pursuant to your request. Because The Company makes every effort to ensure the completeness and comprehensiveness of your corporate filing, we do not guarantee that the order will be filed in the time you requested. In the event that your rush order is not filed on time, your sole remedy will be limited to a refund of the additional fees paid for the rush filing.
If you have paid via check by fax, check by phone, check by Internet, ACH or similar method, there will be a hold placed on your order until our bank confirms that your payment has cleared. The typical time is three to five business days, not including weekends or bank holidays. Only after we have received confirmation that the funds have cleared do we begin processing your order.
The Company goes to great effort to communicate with customers. However, all telephone messages, emails or other means of communication may not receive a reply one-hundred percent of the time.
An order is placed at the time it is submitted to The Company via the Internet, telephone, facsimile or mail. Modification may not be made to your order after submission except upon prior authorization by The Company. Following receipt of prior authorization, a modification to the order is valid only after The Company receives a signed, written request from you via facsimile. There are financial and time expenditures to fulfill an order. Therefore, any cancellation requests must be submitted and received by us by registered mail return receipt requested or on our contact form http://www.companiesinc.com/contact-form.aspx 24 business hours before we send your order to the government agency for filing or before service is provided. Business hours are 7:00 AM to 5:00 PM Monday through Fridays excluding national holidays.
Some jurisdictions require you to provide due diligence documents before the company will be filed or delivered. These documents may include but may not be limited to a notarized copy of a passport, an original utility bill and/or a bank reference letter. In certain jurisdictions, we may file but cannot legally deliver your company until you provide the documents. In other jurisdictions we pay for but cannot file your company until you provide the required documents. We suffer the expense of establishing the company such as government and agent fees and these fees will not be refunded to us. You, in turn, agree that you are responsible for providing the required due diligence documents and that a refund is not available if you do not comply with the due diligence legislation.
WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.
SUBSEQUENT FILING FEES
There may be additional governmental or other fees that are due after your company is filed and/or transferred to you. For example, the US State of Nevada requires a list of officers to be filed shortly after the corporation is filed. As of this writing the filing fee is $125. Another example is that the State of California has annual prepaid franchise taxes in amounts that vary depending on the projected company revenue. If you have purchased an aged/shelf company, the renewal fees may be due soon after your purchase date. Because these fees are not due upon the initial filing of the company, we do not charge you for this subsequent filing requirement in the standard initial filing fees. You will be required to cover the subsequent state, country, agent and/or other fees before the due date in order to keep your company in good standing in the state or country of formation. You are also generally required to maintain a registered agent for service of legal process in the state or country of incorporation and any jurisdiction where your company, according to the respective jurisdiction, is doing business. As of this writing, for example, the fee for registered agent services is $159 per year for any US state and $195 per year in any Canadian province. In addition there is an annual renewal fee with the government. The renewal fees vary in other countries.
Certain state laws require that a company publish its existence in a designated newspaper. The Company may, at its sole option, perform this function for a client, especially if required of the incorporator or organizer of the entity. Statements on our website to the effect that the formation “Price includes.publishing fees where required” means where required of the incorporator or organizer. The Company will not publish or pay publication fees in certain states, including but not limited to, publication requirements of a New York Limited Liability Company. You are hereby made aware that if you request the formation of a New York LLC that publication requirements may be substantially more costly than the initial formation of the LLC itself and you will be responsible for these fees.
LEGAL or FINANCIAL ADVICE AND REPRESENTATION
We are is an internet publishing service. The materials at this website contain information of general application and are not intended to replace the advice of an attorney. While our staff expends great efforts to maintain and publish accurate information, State, Provincial and Federal laws are dynamic and constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions.
When using our service, you will be acting as your own attorney. The Company completes information on the required forms based on the information you have provided to us in your “Request for Incorporation” or “LLC Formation” submission and files the requisite forms with the appropriate state, provincial or federal agency. By providing you with this service, The Company, its advisors, agents, representatives, and employees are not rendering any legal or otherwise professional advice or service, and no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms.
The Company, its advisers, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although The Company expends great efforts and respects the confidential nature of the information you are submitting to us, NO SPECIAL RELATIONSHIP or privilege exists between The Company and you, including but not limited to any Attorney-Client relationship that might exist had you consulted with a licensed attorney.
As with all important business matters, The Company, its advisers, agents, representatives, and employees strongly recommend that you consult with an attorney licensed to practice law in the applicable jurisdiction in regards to the formation of your corporation and its continued operations.
FEES, PAYMENT AND TERM
As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are nonrefundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the application process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”).
You hereby grant us the right to disclose to third parties such Account Information. By completing and submitting a corporate name registration application, you represent that the Account Information in your application is correct and that the registration of the selected Corporate Name, so far as you are aware, does not interfere with or infringe upon the rights of any third party. You represent that the corporate name is not being registered for any unlawful purpose.
If you request authorized shares in your Articles of Incorporation that are in excess of the maximum number of shares allowed by the chosen filing state, province or country for a minimum filing fee, you are solely responsible for any and all tax fees incurred at any time. It is your responsibility to investigate the maximum number of shares allowed by a state, province or country for a minimum filing fee in the state, province or country in which you are filing. The number of authorized shares in your Articles of Incorporation is selected at your sole discretion. If you do not instruct us otherwise, the standard stock structure is 1500 shares at no par value unless fewer shares qualify for the minimum filing fee.
When applicable, The Company submits documents to the appropriate government office for filing. When The Company receives the documents back from the government office, The Company, in turn, ships the documents to you in accordance with the package that you have ordered. You agree that the government office, and not The Company, controls the time frames in which company documents are filed and returned to The Company.
REPORTING AND FILING REQUIREMENTS
The Company is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to any annual reports, tax filings, taxes due, or state, provincial, country or federal publication requirements following your incorporation. The Company’s involvement in your corporation terminates at the time your corporation is created. Any requirements or obligations for the maintenance of your corporation are NOT the responsibility of The Company and are the sole responsibility of you. In particular, unless you have contracted for The Company to do so, any and all state, provincial, country or federal publication requirements in connection with your corporation or LLC will be your sole responsibility. This includes, but is not limited to, the filing for your Chapter S Corporation election status. The form to apply for S-Corporation status must be signed by an officer of your company. Since we are not an officer of your company we cannot sign and file this form. The Company is an incorporation service and not a tax or legal firm. Tax and legal needs should be acquired through practicing members of these professions.
If, for an additional fee, you request our assistance in the opening of a bank account, we will make an effort to open an account that satisfies your needs. However, you agree that The Company does not control the services offered by the bank nor which banks will or will not open the type of account you desire, nor your efforts in completing the required bank documentation. You agree that the bank, but not The Company, controls the speed in which the bank account will or will not be opened. You agree that you are responsible for filling out the bank account opening application in its entirety and providing all information requested by the bank for account opening.
You agree to hold The Company harmless for bank policies and conditions including, but not limited to, the following: a bank refusing the open an account, a bank taking more time to open an account than you desire, a bank requesting more information before a bank will open the account, changes in bank policy, the inability to open an account with a bank that has a convenient walk-in branch, the need to make deposits and withdrawals by mail rather than walking into the bank, deposits taking longer to clear than the client desires, the foreign language used at the bank, the bank not providing all of services that the client desires, including, but not limited to the ability to wire money out of the account or the presence or absence of credit or debit cards or the presence or absence of Internet access to the account. In some cases, the only reasonable choice is to open the account at a bank that does not have walk-in branches convenient to the customer or a bank that does not have any walk-in branches. If this is the type of account that The Company is able to open for you, you agree that The Company has fulfilled its obligation.