Determining Company Ownership: A Guide to Understanding Ownership Documentation

The Certificate of Incorporation or Formation doesn't typically reveal the names of a company's founders, members, or shareholders. Instead, these official documents usually list the name, address, and contact details of the company's registered agent in the United States. The registered agent serves as the legal representative for the company, and this arrangement has specific legal and administrative implications.

The essential documents to refer to when trying to establish ownership of a company are the post-formation documents. For Limited Liability Companies (LLCs), the Operating Agreement is crucial, while corporations rely on their Post-Incorporation package. Although these are internal documents, they provide sufficient information to confirm the ownership structure of the company.

The essential documents to refer to when trying to establish ownership of a company are the post-formation documents. For Limited Liability Companies (LLCs), the Operating Agreement is crucial, while corporations rely on their Post-Incorporation package. Although these are internal documents, they provide sufficient information to confirm the ownership structure of the company.

The identity of the "responsible party" for the company will also appear in the Employer Identification Number (EIN) application. This information is made available either online for individuals with a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN), or through the SS-4 form for those without an SSN or ITIN. This ensures that ownership details are duly recorded with the Internal Revenue Service (IRS).

In summary, while the Certificate of Incorporation or Formation may not disclose ownership details, other key documents like the Operating Agreement or Post-Incorporation package and the EIN application do provide avenues for determining who actually owns a company.