Congratulations – you’ve incorporated your company! You’ve filed the paperwork and have an official legal entity. Now what? The first 90 days post-incorporation are critical for laying the groundwork of a well-run company. Think of this as your post-formation checklist to ensure you handle all the necessary administrative and strategic setup tasks. These steps will help you avoid legal pitfalls, keep your operations clean, and set your startup up for growth and investment. Here’s a playbook of key actions for your first three months:

After incorporation, one of the first tasks is to formally issue shares (or membership units, if an LLC) to the founders. This involves board approval and stock purchase agreements where founders buy their shares, usually for a very nominal price‍. It’s crucial to do this ASAP – when the company is newly formed and essentially worth very little – so that the purchase price is low (and not a taxable event). Why: If you delay and the company’s value rises, the IRS won’t let you issue shares for cheap; you’d have to pay more or incur tax. So button this down. Have your attorney or cap table platform prepare the founder stock purchase agreements and get them signed, and have each founder actually pay for the shares (often just a few dollars, documented by a check or wire to the company)‍. This paperwork proves ownership and will be needed for investors and any future stock transactions.

File 83(b) Elections (Within 30 Days!) – if applicable. If your founder shares (or any early equity grants to employees) are subject to vesting or repurchase conditions, you should file an 83(b) election with the IRS. This is a simple one-page form but incredibly time-sensitive: you must send it in within 30 days of the equity grant – no exceptions‍. Filing 83(b) tells the IRS you want to be taxed on the nominal value of your shares now (which is effectively $0 if you just incorporated and paid e.g. $0.0001 per share), rather than later as they vest when they could be worth much more. This ensures that as your stock vests, you won’t get hit with tax on the gain each time – instead, you’ll just pay capital gains tax down the road when you sell shares. Failing to file means potentially nasty tax bills in the future. So mark this as urgent. Each founder (and any others with vesting shares) should fill out the 83(b) form and mail it (or fax; recently the IRS started accepting electronic or fax submissions) within the 30-day window. Keep copies of what you send. This is a one-time thing for each grant, but absolutely essential for tax planning and avoiding surprises.

Organize Your Company Documentation (Create a “Data Room”). Startups accumulate a lot of important documents: incorporation certificate, bylaws or operating agreement, stock agreements, intellectual property assignments, contracts, etc. Set up a secure repository to store all these records in an organized way. This could be as simple as a structured folder in Google Drive or Dropbox, or using a cap table/corporate governance platform that has a virtual data room. For now, think of it as your digital filing cabinet. As you grow, any serious investor due diligence will require quick access to all these docs. Having them neatly filed saves you frantic searches later. Good categories might include: Corporate (formation docs, board minutes), Equity (cap table, stock/option grants, 83(b) receipts), Legal (contracts, leases, licenses), Financial (bank account info, tax filings), HR (offer letters, etc.). Also consider using a password manager or vault for sensitive info. Operational hygiene starts on Day 1 by not shoving papers in a drawer – keep them organized and backed up.

Obtain an EIN (Employer Identification Number). An EIN is like a social security number for your company – a federal tax ID issued by the IRS. You will need an EIN for a host of things: opening a bank account, processing payroll, filing taxes, issuing 1099s to contractors, and more. The good news: getting an EIN is quick and free on the IRS website (or via mail/fax). Right after incorporation (if you didn’t already handle it in the incorporation process), apply for your EIN. It’s basically filling out Form SS-4 with your company info and you often get the EIN immediately online. Make sure to save the IRS confirmation notice. With this number in hand, you’re officially able to do financial transactions as a company. Some states or localities may also require a state tax ID or business registration – check your local requirements. But the EIN is universal and critical.

Open a Business Bank Account (and Separate Your Finances). Now that you have an EIN and your incorporation documents, head to a bank (or an online business banking service) and open a company bank account in your startup’s name‍. This is non-negotiable for maintaining liability protection and clean finances. All company money (investments, revenues) should go into this account, and expenses paid from it. Don’t mix personal and business funds – commingling can not only mess up your bookkeeping but in worst cases can “pierce the corporate veil,” risking your liability protection. Most banks will ask for your incorporation certificate/articles, EIN, and possibly board resolution authorizing opening the account (your bylaws or incorporation docs may include that). Once open, deposit any initial funds (for example, founders’ payments for stock, or if you had a pre-seed investment). If you can, also get a company credit card or at least a debit card tied to the account, to start building credit history and make payments easier. This sets you up to start transacting as a legitimate business. Pro tip: keep records of any founder personal money that goes into the account as a loan or capital contribution – you want that documented to avoid confusion later.

Handle Any State/Local Registrations (Foreign Qualification). If you incorporated in e.g. Delaware (a common case) but you are actually operating in another state (your office or you yourself are in say California or New York), you likely need to register as a foreign corporation/LLC in that home state to legally do business there. “Foreign” just means out-of-state, not international. Each state has its process (usually filing a form and paying a fee). Do this within the first couple of months to stay in compliance. Some states also require an initial report or publication of your formation in a newspaper (e.g. New York LLCs have a publication requirement). Research the “post-incorporation requirements” for the state where you’re operating. Also, ensure you have a Registered Agent on file in each state you operate – this is an entity or person with a physical address in the state who can receive official legal documents for you. You might have designated one in your incorporation; if you used Delaware, you already have one for DE but will need one for your home state foreign reg. Many services provide registered agent service for a low annual fee. Staying on top of these registrations means you won’t suddenly get a notice that you’re illegally doing business in a state or owe back fees. Mark down any annual report or franchise tax deadlines that your state or Delaware requires (Delaware, for example, has an annual franchise tax and report for corporations). Early compliance with state requirements is part of operational hygiene.

Create and Maintain a Cap Table. Your cap table is the ledger of company ownership – who owns what percentage of the company. Right after issuing founder shares, it might be simple (e.g. Alice 60%, Bob 40%). But even at this stage, start a formal cap table document (in a spreadsheet or using a cap table tool) capturing the details: each stockholder’s name, number of shares, class of shares, and resulting ownership percentage. As you issue equity to anyone else (an advisor, an early employee, an investor), update the cap table immediately. This habit will save you from headaches since cap table mistakes are costly to fix and scary to investors. Many investors will ask for your cap table during due diligence‍. A clean, up-to-date cap table signals that you run a tight ship. It also allows you to model dilution if new investment comes in, etc. If math isn’t your forte, consider using software (a number of affordable cap table management platforms exist) – they can automate updates and even generate standard equity docs. But even a manual spreadsheet beats nothing. Make sure to include all authorized shares and unissued ones (if you created an option pool, account for that). Essentially, treat your cap table as an extension of your financials – it’s the equity side of your house, and you want it accurate from day one.

Set Up Basic Accounting & Bookkeeping. You may not have many transactions early on, but it’s wise to establish a finance tracking system now. This could be as simple as a Google Sheet ledger or as robust as accounting software with an outsourced bookkeeper. At minimum, track all expenses, revenues, and cash in/out systematically. Save receipts (digital copies are fine) for business expenses – this will help with taxes and if you ever need an audit. As the Capbase post-incorporation guide notes, in the initial phase after incorporation, your main needs are tracking expenses and preparing annual tax returns. Once you start earning revenue or have employees, you might engage a part-time accountant to file quarterly taxes, etc., but right now focus on record-keeping discipline. Reconcile your bank account monthly (ensure your records match the bank statements). If you have raised any money or have revenue, consider opening a bookkeeping software (even if you do it yourself). Being on top of finances from the start means you’ll have reliable financial statements when you need them – and you always want to know your cash runway (see Article 5!). Additionally, set reminders for any tax filings – e.g., your state’s annual report, any local business taxes, and federal filings. Even if you had no income, corporations may need to file a zero income tax return. A little calendar hygiene here prevents last-minute scrambles or penalties later.

Obtain Required Business Insurance. In the first 90 days, you should assess what insurance you need. Commonly, if you have no employees and are just building product, you might defer this a bit. But certain triggers mean you should get coverage: if you’re about to launch and have paying customers, if you are signing an office lease, or if you hired your first employee. Typical startup insurance includes General Liability (covers basic accidents and injuries or property damage), Directors & Officers (D&O) for if you have a board/investors (protects against lawsuits related to company management decisions), Errors & Omissions (E&O) or professional liability (important if your product could cause client losses, often packaged with cyber liability for tech companies), and Workers’ Comp (usually legally required once you have W-2 employees). Getting insurance early can also be a prerequisite for things like certain licenses or enterprise contracts‍. For instance, clients might require you have cyber insurance. Many insurers specialize in startups now, making it relatively quick to get a policy. At minimum, evaluate your risk and get quotes – oftentimes a basic package (GL + E&O/Cyber) isn’t very expensive for a young company. This is part of “operational hygiene” – it might seem like just extra cost, but one mishap without insurance could be devastating. And having proper coverage gives peace of mind to you and stakeholders (investors will be happy to know you’ve mitigated obvious risks).

Operational Basics: Set Up Systems for Communication and Planning. Beyond legal and finance, use the first 90 days to establish how your team operates. This could include choosing and setting up tools for project management (e.g. Jira, Trello, Asana), internal communication (Slack, etc.), and document collaboration. While not as formal as the above steps, creating a solid infrastructure for knowledge sharing and planning is part of good operational hygiene. For example, start a company knowledge base or Google Drive folder structure for different departments. If you have co-founders or early employees, have an explicit meeting cadence (maybe a weekly all-hands or stand-up, monthly strategy review, etc.). These practices form the culture of execution. Also consider creating a 90-day plan (objectives and key results, for instance) so everyone is aligned on goals after incorporation. This isn’t about red tape – it’s about making sure the small team is pulling in the same direction and important tasks don’t fall through the cracks because “we’ll do it later.”

By handling these post-incorporation to-dos in your first 90 days, you set a strong foundation. It’s much harder to go back and fix or organize these things a year or two down the line when you’re busy with product and firefighting growth challenges. Worse, missing some of these (like forgetting the 83(b) or failing to qualify in a state) can lead to legal complications or tax bills that are painful. On the positive side, being buttoned-up makes your startup far more attractive – to investors, partners, and potential hires – because it signals professionalism and foresight. It’s the startup equivalent of eating your vegetables: not always exciting, but it will make you strong.

Use your first 90 days after incorporating to finish the legal filings, set up financial and record-keeping systems, and implement basic operational processes. This “formation finish line” is really the start of building a scalable company. With these essentials in place, you can focus 100% on product, customers, and growth, confident that the company’s foundation is solid. Your future self (and your lawyers and accountants) will thank you for the foresight and diligence shown in these early days. Now, with the paperwork done and the accounts opened, it’s time to get to work on making your startup a success

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