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Formation Document
I need a formation document outlining the roles and responsibilities of a 5-member board, including quarterly meeting schedules, decision-making processes, and a 2-year term limit for each board member.
What is a Formation Document?
A Formation Document officially creates your business or organization as a legal entity. It's the foundational paperwork you file with your state government - like Articles of Incorporation for corporations or Articles of Organization for LLCs. This document transforms your business idea into a real, recognized company.
When you submit Formation Documents, you establish key details about your business: its name, location, ownership structure, and basic operating rules. Different states have their own requirements, but all Formation Documents create a legal shield between your personal assets and business liabilities. They also enable you to open bank accounts, hire employees, and conduct official business under your company name.
When should you use a Formation Document?
You need a Formation Document the moment you decide to create a formal business entity. This crucial step comes before you can sign contracts, open business bank accounts, or start operations under your company name. Most entrepreneurs file Formation Documents when launching their startup, converting a sole proprietorship to an LLC, or establishing a new corporation.
Time this filing carefully - you must have Formation Documents in place before accepting investment money, hiring employees, or signing commercial leases. Many business owners file these documents early in their planning phase to secure their desired company name and establish the legal framework needed for startup activities like raising capital or negotiating with suppliers.
What are the different types of Formation Document?
- Business Agreement Form: The standard Formation Document used to establish basic business entities. Common variations include:
- Articles of Incorporation: Used to form corporations, detailing stock structure and corporate governance
- Articles of Organization: Creates LLCs, outlining membership rights and management structure
- Partnership Agreement: Forms partnerships, defining profit sharing and decision-making powers
- Nonprofit Articles: Establishes tax-exempt organizations, including mission statements and board structure
Who should typically use a Formation Document?
- Business Founders: File Formation Documents to legally establish their companies and protect personal assets from business liabilities
- Corporate Attorneys: Draft and review Formation Documents to ensure legal compliance and protect client interests
- State Officials: Process and maintain Formation Documents in state registries, ensuring proper business registration
- Company Officers: Sign and execute Formation Documents as authorized representatives of the new business entity
- Registered Agents: Accept legal documents on behalf of the business and maintain official communication with state authorities
How do you write a Formation Document?
- Business Details: Choose your company name, business address, and registered agent information
- Structure Selection: Decide between LLC, corporation, or other entity types based on tax and liability needs
- Ownership Information: List all owners, their ownership percentages, and initial capital contributions
- Management Structure: Define roles of officers, directors, or managers who will run the company
- State Requirements: Check specific filing requirements and fees for your state's business registry
- Document Generation: Use our platform to create a legally compliant Formation Document that includes all required elements
What should be included in a Formation Document?
- Company Name: Legal business name and any DBA (doing business as) names, with required designators like "LLC" or "Inc."
- Principal Address: Physical business location and mailing address for official correspondence
- Registered Agent: Name and address of the person authorized to receive legal documents
- Business Purpose: Clear statement of primary business activities and permitted operations
- Ownership Structure: Details of stock allocation or membership interests
- Management Provisions: Description of how the company will be managed and who has authority
- Duration Statement: Specified term or perpetual existence of the business entity
What's the difference between a Formation Document and a Corporate Governance Document?
A Formation Document differs significantly from a Corporate Governance Document in several key ways. While both are essential for business operations, they serve distinct purposes and are used at different stages of a company's life.
- Timing and Purpose: Formation Documents create the legal entity itself, filed at business inception. Corporate Governance Documents come later, guiding how the established company operates
- Legal Status: Formation Documents are filed with state authorities and create legal standing. Governance Documents are internal policies that direct company management
- Content Scope: Formation Documents contain basic company information and structure. Governance Documents detail operational procedures, voting rights, and management responsibilities
- Modification Process: Formation Documents require state filing to amend. Governance Documents can be updated through internal procedures as business needs change
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