After you incorporate, you’ll need to complete five sequential tasks: get an employer identification number (EIN), issue founder stock and file your 83(b) election, open a business bank account, put your equity and contract documents in order, and register for state and local compliance. The sequence matters because your EIN unlocks the bank account, and the 83(b) election carries a fixed deadline.

Below, we’ll explain each task on a startup incorporation checklist, the order in which tasks usually need to happen, documents required, and deadlines you should know in advance.

Key takeaways

• Your employer identification number (EIN) unlocks the bank account, payroll, and tax filings. It’s the first task after incorporation.

• The 83(b) election has a fixed deadline with no extension, which makes it one of the most time-sensitive items on the checklist.

• Clean equity records and on-time state filings protect your good standing and keep future fundraising from stalling.

What tasks are on a startup incorporation checklist?

After incorporation, a startup needs to take a series of steps before it can function as a business.

In order, here’s what you need to do:

• Apply for an EIN.

• Issue founder equity and file your 83(b) election.

• Open a business bank account.

• Set up equity, contracts, and compliance documents.

• Register for state and local taxes, licenses, and compliance requirements.

How do you get an EIN after incorporation?

An EIN is a nine-digit number that the Internal Revenue Service (IRS) issues to identify your company. You apply through Form SS-4. Applying through the IRS online application tool with a United States Social Security number (SSN) or Individual Taxpayer Identification Number (ITIN) as the responsible party typically gets you the number immediately, while mailing the form can take around four weeks. You’ll need an EIN to open a business bank account, file federal tax returns, and set up payroll for employees, 1099 forms for contractors, and sales tax accounts (if applicable).

How do you issue founder equity and file your 83(b) election?

Once you’ve incorporated, your board needs to formally authorize and issue stock to the founders. That typically happens through a board consent, where each founder buys shares at a nominal price, often a fraction of a cent per share, in exchange for cash or an intellectual property (IP) assignment. A restricted stock purchase agreement documents the purchase, and the shares typically vest over four years with a one-year cliff.

The 83(b) election is what keeps that vesting schedule from becoming a tax problem. Without it, the IRS taxes each batch of shares as it vests at its value on that later date. Filing within 30 days of the date the shares are issued to you lets you pay tax on the value at purchase instead, which is usually close to zero for a newly incorporated company. If you miss the window, there’s no extension and no appeal. You’ll owe ordinary income tax on the fair market value of your shares as they vest, and that bill grows quickly if the company’s valuation climbs.

Filing your 83(b) election includes four steps:

• Sign the election: The form needs your signature and a reference to the exact shares it covers.

• Mail to the IRS: Send the form to the service center where you file your personal return. Use certified mail with a return receipt so you have proof of the mailing date.

• Keep a copy: Store the form with your other equity documents for tax time and due diligence.

• Give a copy to the company: Your corporate records should show the election was filed.

Why do you need to open a business bank account after incorporation?

Mixing personal money with company money muddles your records and weakens the liability protection incorporation gives you. A dedicated account gives you a clean view of cash flow from day one since every dollar in and out belongs to the company.

Most banks ask for these documents to open a business account:

• EIN confirmation letter: This is the CP 575 from the IRS, or a 147C letter if you’ve lost the original.

• Certificate of incorporation: This is the filed formation document, stamped by the state.

• Bylaws and board resolution: The resolution authorizes the account and names who can sign on it, and the bylaws show who can act for the company.

• Government-issued ID: Each signer needs one on file.

How do you set up equity, contracts, and compliance documents?

Beyond the initial stock issuance, a handful of documents need to exist before you raise money or hire your first employee.

These include:

• Confidential Information and Invention Assignment Agreements (CIIAs): CIIAs, signed by every founder and employee, assign any IP created for the company to the company itself.

• Stock purchase agreements: These record each founder’s equity purchase and spell out vesting terms in writing.

• Capitalization table (cap table): This tracks authorized shares, issued shares, and any option pool set aside for future hires. Early on, you can track this information in a spreadsheet.

• Board consents and bylaws: These document major decisions, from issuing stock to opening the business bank account.

Investors review all of these documents during due diligence. A cap table with unclear ownership percentages is a common reason a term sheet stalls, and fixing it under a tight deadline costs far more than building it correctly early on.

What are the state and local compliance requirements after incorporation?

Each state and city has its own compliance requirements for startups. Incorporating in Delaware doesn’t exempt you from compliance where you operate.

Several ongoing obligations start once you’re up and running:

• Franchise tax: Many states, including Delaware and California, charge an annual franchise tax. In Delaware, this is due March 1 each year and is calculated with either the Authorized Shares Method or Assumed Par Value Capital Method. The two can produce very different bills for the same company, so run both before you pay.

• Annual report: Most states require businesses to file an annual report. Delaware requires one each year, filed alongside the franchise tax payment.

• Foreign qualification: If you operate outside Delaware, you’ll usually need to register as a foreign corporation in each state where you do business and appoint a registered agent there.

• Local licenses: Cities often require their own permits on top of state filings for certain industries. Depending on where you operate, you could need a general business license, zoning and land use permits, or environmental permits.

How does Stripe Atlas support post-incorporation setup?

When you form a Delaware C corporation through Stripe Atlas, the post-incorporation work happens in the same flow instead of across a lawyer’s inbox, IRS website, and a bank’s onboarding portal.

Here’s what Atlas handles after formation:

• EIN: Atlas applies for your EIN with the IRS, so you don’t fill out Form SS-4 yourself.

• Founder equity: You issue stock to each founder inside Atlas, which generates the stock purchase agreements and board consents that go with each issuance.

• 83(b) election: Atlas prepares your election and can file it for you, so the 30-day deadline doesn’t depend on a trip to the post office.

• Bank account: You can start a business bank account application through Atlas, using the formation documents it already produced.

Handling these steps in one place also keeps your records consistent. Share counts, grant dates, and signatures match across your stock agreements, board consents, and 83(b) election.

How Stripe Atlas can help

Stripe Atlas handles everything you need to legally launch your company—incorporation, employer identification number (EIN), equity setup, and tax filings—so you can fundraise, open a bank account, and start accepting payments in as little as two business days, from anywhere in the world.

Join 100,000+ startups incorporated using Atlas, including startups backed by top investors like Y Combinator (YC), a16z, and General Catalyst.

Get started in minutes with Atlas

The application takes under 10 minutes. You’ll choose your company structure, confirm your name is available, add up to four cofounders, set your equity split, and e-sign. Then Atlas takes it from there, including notifying cofounders to sign their documents electronically.

Banking and payments before your EIN arrives

Atlas files your EIN application automatically after incorporation. You don’t have to wait—Atlas enables pre-EIN payments and banking so you can start accepting payments and making transactions right away. US founders with a Social Security number (SSN) are typically eligible for expedited IRS processing.

Automatic 83(b) tax election filing

Atlas files your 83(b) election for you—US and non-US founders alike—with US Postal Service (USPS) certified mail and tracking to reduce personal income taxes. You’ll get a signed 83(b) election and proof of filing directly in your Stripe Dashboard, with certified mail confirmation.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company, drafted by Cooley, one of the world’s leading venture capital law firms, and stores them directly in your Stripe Dashboard. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.

$2,500 in Stripe credits, plus $50K+ in partner discounts

Atlas startups get $2,500 in Stripe product credits for their first year, plus $50,000+ in discounts on essential tools—Mercury, AWS, Carta, Xero, Perplexity, and more. Delaware registered agent service is also included free for your first year.

Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.

FAQs about a startup incorporation checklist