Filing Timelines

While filing timelines vary from state to state, there are, generally, a few standard levels of filing that are relatively consistent across state borders. Let's take a closer look at the filing timeline categories you might encounter when incorporating your business.

Standard Filing

The most basic level of filing, a standard filing fee is the lowest fee offered. Standard filings are typically addressed by the Secretary of State's office in the order in which they are received.

The filing timeline is, as far as standard filings go, the factor that varies most from state to state. For example, Texas's standard filing fee typically sees a corporation officially registered within 24 hours of submission. (In fact, since Texas's standard filing fee is so expedient, a separate expedited fee is neither offered nor necessary.) In contrast, the same level of filing in California can take anywhere from six weeks to three months, depending on the volume of requests in their Sacramento office at any given time.

However, the majority of states provide a standard filing timeline of around 2-3 weeks, from submitting the Articles of Incorporation to the Secretary of State to receiving proof that the filing has been accepted (typically in the form of either a copy of the Articles marked "FILED" or a receipt for the transaction).

Expedited Filing

Many states offer an expedited filing fee, shifting the filing timeline from 2-3 weeks to a matter of days. Typically, expedited filing is processed within 24 hours of submission, though it's important to check with your state to be sure you understand their expedited filing timeline and extra fees.

Note: When an expedited filing timeline is requested, it's important to note that any documents sent through the mail will be subject to mail delays not included in the projected filing timeline. For example, if a New York corporation requested expedited filing via fax, the corporation would be accepted (or rejected, if there is a problem with the Articles) within 24 hours; however, keep in mind that while your corporation will officially begin its existence within 24 hours, it can take a few extra days for the state to place a filed copy of your Articles in the mail and for you to receive that mail.

Exceptions to Typical Filing Timelines

Not all states offer expedited filing; as previously mentioned, Texas processes all standard submissions submitted for filing electronically within 24 hours. Other states may not offer expedited filing fees.

On the other hand, some states offer an extra level of expedited filing beyond the 24-hour filing timeline. In California, there are 4-hour and same-day expedited filings available for several hundred dollars in addition to the regular filing fee; Delaware also offers same-day filing in addition to its 24-hour expedited filing timeline.

Note: When faxed or electronic filings are available, these documents are typically addressed faster than documents sent through the mail simply because they will reach the state's office faster. However, note that in-person filings may be processed even quicker still, though depending on the state's procedures even walk-in filings may not be available immediately and may be subject to a standard filing timeline.