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.