US Company Formation and Post-Formation Service Terms
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These supplementary terms apply to customers purchasing US company formation and related post-formation services, and apply together with the Terms of Service.
1. Scope
Depending on the order, the service may include:
- preparing the formation application for an LLC or other suitable structure;
- coordinating the relevant state filing;
- EIN application support;
- preparing or arranging an Operating Agreement;
- coordinating Registered Agent and company address services;
- Annual Report and Franchise Tax guidance or services;
- company amendments, DBA or dissolution;
- other US compliance work expressly stated in the order.
2. Company structure and state selection
TaxKolay may provide general process information and operational options in line with its service model. The customer accepts that the final choice of structure and state is theirs, based on their own commercial, legal and tax position.
Unless TaxKolay has expressly undertaken a separate professional advisory service, a general comparison is not personalised legal advice or investment advice.
3. State and federal agency decisions
The processing of a formation, EIN or other filing depends on the systems, review and information requests of the Secretary of State, the IRS or the relevant authority. TaxKolay may share estimated timeframes but does not guarantee an authority's processing time.
4. Name availability
A requested company name may be rejected by the relevant state or may require further approval. TaxKolay's preliminary check is not an official name reservation or guarantee.
If a name is rejected, the customer must provide an alternative; where a refiling fee arises, it is notified in advance.
5. EIN
An EIN service does not mean TaxKolay is the IRS. TaxKolay prepares and submits the application details or supports the appropriate process. The IRS may request further verification, documents or a different procedure.
The accuracy of the responsible party, SSN, ITIN, address and company details provided by the customer is the customer's responsibility.
6. ITIN
An ITIN service is application support subject to IRS criteria; the issue of an ITIN is not guaranteed.
The required grounds, tax form, identity documents and, where applicable, certified or CAA processes are determined separately according to the scope of the order. Any IRS request for additional, original or certified documents is passed on to the customer.
7. Operating Agreement
The Operating Agreement service is the preparation of the standard or adapted corporate organisation document offered in the order.
For files involving complex partnership, investment, vesting, options, IP transfer, financing, dispute or bespoke legal structuring, independent legal review is recommended and may fall outside the standard package.
8. Annual Report and Franchise Tax
A company's annual report, franchise tax, state tax and other ongoing obligations vary by state and activity.
TaxKolay carries out only the work within the purchased and active service. Sending reminders does not remove the customer's ultimate responsibility for tracking these obligations.
9. Registered Agent and address
These services are covered by the Registered Agent and Address Service Terms and may be provided through independent third parties.
10. Tax obligations
Forming a company does not mean TaxKolay automatically assumes all federal, state and international tax obligations. Where tax and filing services are purchased separately, the Tax, Filing and Accounting Service Terms apply.
11. Trademark application support
Where US trademark application support is provided, acceptance of the application by the USPTO, the outcome of any office action and the result of registration are not guaranteed.
Comprehensive legal opinions, opposition and litigation services fall outside standard process support and may require a licensed trademark attorney where needed.
12. Governing language
The Turkish version of this document prevails. The English translation is provided for information purposes only; in the event of any discrepancy between the two, the Turkish version applies.