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If you’ve ever Googled “how to start a corporation,” you’ve probably run into two extremes. One side says you absolutely must hire a lawyer or risk ruining your business. The other insists it’s just a form and a filing fee—so why waste the money?
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The truth is somewhere in the middle.
Yes, you can legally form a corporation without a lawyer. In many cases, people do it successfully. But whether you should do it yourself depends on the complexity of your situation, your comfort with legal documents, and your long-term goals for the business.
This guide breaks down when it’s safe to go the DIY route, when to bring in legal help, and how to mix the two for maximum value. If you’re weighing whether to do it yourself or lawyer up, you’re in the right place.
The Short Answer: Yes—But It Depends on Your Situation
Forming a corporation means creating a separate legal entity that can own property, sign contracts, and shield your personal assets from liability. The formation process itself is relatively standardized—especially if you’re the sole owner and operating in one state.
In its simplest form, starting a corporation means filing Articles of Incorporation with your Secretary of State and paying a filing fee. From a paperwork standpoint, that’s something most people can do on their own.
But forming a corporation isn’t just a one-time form. It’s a system of rules, rights, responsibilities, and long-term compliance. If your setup is anything more than basic, the risks of going solo start to creep in.
That’s where the “DIY or Lawyer?” decision framework comes in. We’ll break down:
- What’s legally required
- When a DIY approach makes sense
- Where lawyers add the most value
- And how to combine both for the best outcome
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What’s Legally Required to Form a Corporation?
Before you decide whether to hire a lawyer, it helps to know what the law actually requires. At the state level, forming a corporation follows a predictable path. Most states require the same core elements, even if the details vary slightly.
At minimum, you’ll need to:
- File Articles of Incorporation with your Secretary of State (also called a Certificate of Incorporation in some states).
- Appoint a registered agent—a person or company who can receive legal documents on behalf of the corporation.
- Create bylaws, which are internal rules governing how the corporation is managed, even if they don’t need to be filed.
- Designate a share structure, including how many shares the company is authorized to issue and who owns them.
- Hold an initial board meeting, adopt bylaws, and issue stock certificates.
- Stay compliant with ongoing state requirements like annual reports and fees.
For most of these steps, the government doesn’t care how you do it—they just want to see that you’ve done it. And that’s why DIY can work… in the right circumstances.
Pro Tip – Many States Offer Pre-Filled Templates
Most Secretary of State websites provide free templates or online filing portals for Articles of Incorporation. These forms are often designed to be completed without legal expertise—especially for standard, single-class corporations. It’s a great place to start if your structure is simple.
When It’s Safe to Form a Corporation Yourself
Forming a corporation without a lawyer isn’t just possible—it’s often practical, especially if your business is straightforward. In these scenarios, the risks of DIY are relatively low, and the cost savings can be significant.
When DIY Makes Sense
You’re probably safe to go the DIY route if:
- You’re the sole owner (or co-own with one trusted partner)
- You’re operating in your home state only
- You’re not raising money or issuing equity beyond founders
- You don’t need complex share classes, vesting schedules, or outside investors
- Your industry doesn’t require heavy licensing or specialized compliance
In these cases, using your state’s online portal—or even a business formation platform—can help you file and get set up quickly. You’ll still need to take care of bylaws, stock issuance, and annual filings, but you won’t need to hire someone just to file a form.
Example – Solo Consultant Forming an S-Corp in Their Home State
Let’s say you’re a freelance marketing consultant based in Georgia, and you want to incorporate to save on self-employment taxes. You’re the only owner, don’t plan to raise outside money, and have no employees yet.
In this case, it’s totally reasonable to form a corporation yourself. You can file your Articles of Incorporation through Georgia’s online portal, use a standard bylaws template, and elect S-Corp tax status by submitting IRS Form 2553. It’s not always fun, but it’s doable—and affordable.
Pro Tip – Use a Checklist or Incorporation Platform
If you're going the DIY route, work from a checklist or use an incorporation service to make sure you’re not missing any small-but-important steps (like issuing shares or creating meeting minutes). Even if you don’t use a lawyer, acting like one keeps things cleaner down the road.
When You Probably Need a Lawyer
DIY formation works well in low-complexity situations—but once you introduce partners, investors, or legal gray areas, it’s easy to get in over your head. A lawyer isn't just there to file paperwork. They’re there to help you avoid disputes, lawsuits, or expensive fixes later.
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Multiple Shareholders or Founders
If you’re forming a corporation with more than one person—especially if equity is being split unevenly—you’ll want legal help. Why? Because disagreements about ownership, voting rights, or buy-sell terms often show up later... when it’s much harder to fix. A lawyer can draft a shareholder agreement that outlines who owns what, how decisions are made, and what happens if someone leaves.
Outside Investors, Equity Plans, or Vesting
Planning to raise money? Offer stock options? Set up vesting schedules for co-founders or employees? You’ll want an attorney involved from the start. These features go beyond standard filing and require precise documentation. A misstep here could lead to IRS problems, investor disputes, or a blown cap table.
Complex Business Models or Multi-State Operations
Some businesses operate in regulated industries or across state lines. If you’re dealing with licensing, high liability, or plans to operate nationally, a lawyer can help you understand which entity type, tax strategy, and compliance rules actually fit your goals.
Example – Co-Founders Disagree on IP and Equity—Too Late for DIY
Two friends launched a software company and filed their corporation online without legal help. One wrote the code, the other handled business development. But they never clarified who owned the intellectual property or how the equity was split.
Two years in, the company started getting traction—and the relationship fell apart. With no formal shareholder agreement or IP assignment, the dispute ended in a costly legal battle. A simple legal review early on could’ve protected both parties and preserved the business.
Pro Tip – Consider a One-Time Legal Review
If a full-service attorney feels out of reach, consider hiring a lawyer just to review your documents and flag any red flags. It’s a cost-effective way to catch major issues before they cause real damage. Think of it as a tune-up—not a full engine rebuild.
Hybrid Approach: DIY the Basics, Hire a Lawyer for the Rest
For many entrepreneurs, the smartest path isn’t fully DIY or fully hands-off—it’s a hybrid. You can handle the foundational steps yourself, then bring in a lawyer to review or refine the more technical components. This saves money while still protecting you from the major pitfalls.
What You Can DIY
Start by taking care of the basics:
- Filing Articles of Incorporation
- Choosing a registered agent
- Holding your initial board meeting
- Applying for an EIN and electing S-corp status if needed
These tasks are procedural. With a little research or help from an incorporation platform, most founders can complete them without legal assistance.
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When to Bring in Legal Help
Once your structure gets more nuanced, it’s time to call in a professional. This includes situations like:
- Drafting bylaws that cover complex voting, officer roles, or board structures
- Creating a shareholder agreement between co-founders
- Offering equity or convertible notes to outside investors
- Registering to operate in other states
You don’t have to hand over the whole process—just the parts that require precision and long-term protection.
How to Get the Best of Both Worlds
If you’re cost-conscious but still want legal insight, try this:
- Do the legwork: Gather templates, fill out your documents, and make a list of questions.
- Schedule a flat-fee legal review (many attorneys offer this).
- Use that time to confirm you’ve covered everything—or to clean up the parts you didn’t get right.
That approach lets you stay in control, while still getting professional assurance where it counts.
Final Verdict: Should You DIY or Lawyer Up?
Forming a corporation without a lawyer is absolutely doable—but that doesn’t mean it’s the best move for everyone. The real question isn’t can you do it—it’s whether you understand what’s at stake if you miss a critical step.
If your setup is simple, and you’re comfortable handling forms and following checklists, going the DIY route can save you money upfront. But if you have partners, plan to raise money, or are building something more complex, skipping legal help can cost far more in the long run.
Quick Decision Framework
- Low complexity? Solo founder, one state, no investors → DIY is usually safe
- Medium complexity? Co-founders, custom bylaws, long-term growth plans → DIY + legal review
High complexity? Outside investors, vesting, IP, or cross-state operations → Hire a lawyer early
Legal GPS Pro
Protect your business with our complete legal subscription service, designed by top startup attorneys.
- ✅ Complete Legal Toolkit
- ✅ 100+ Editable Contracts
- ✅ Affordable Legal Guidance
- ✅ Custom Legal Status Report
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