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Who is responsible for filing the articles of incorporation?
Incorporates are responsible for filing the articles of incorporation. If the articles do not name the initial directors, the incorporates can do whatever is necessary to finish setting up the corporation in California, including approving bylaws and electing officers and directors.
How do I get my articles of incorporation?
Contact the Department of State or Secretary of State's office where your business filed its articles of incorporation. In many instances, the Secretary of State's office allows businesses to request a copy of their articles of incorporation by phone, or in person.
What is the importance of articles of incorporation?
Articles of incorporation are important because they establish a company within its home state. The articles of incorporation inform the state of key aspects of the business.
What is the difference between articles of association and articles of incorporation?
What Are Articles of Incorporation? Filing Articles of Incorporation with the state agency (usually the Secretary of State) is the first step in forming a corporation. The Articles of Association, also known as Certificate of Incorporation in some states, are the charter to create a corporation.
Are articles of organization and certificate of formation the same thing?
The Articles of Organization (in some states this document is called a certificate or organization or certificate of formation) is an organizing document that is filed with the state limited liability company (LLC) filing office. Any person can file the Articles of Organization.
What is the purpose of the articles of incorporation?
Filing articles of incorporation, also called a corporate charter, offers your company tremendous benefits, such as protection from creditors and tax advantages. Articles of incorporation are the way that businesses formally acknowledge that they intend to form a corporation.
What is the main purpose of a corporation?
Statement on the Purpose of a Corporation Businesses make and sell consumer products; manufacture equipment and vehicles; support the national defense; grow and produce food; provide health care; generate and deliver energy; and offer financial, communications, and other services that underpin economic growth.
Do Articles of Incorporation have to be notarized?
Who signs the Articles of Incorporation? The incorporated signs the Articles of Incorporation. For convenience and to avoid the need for the Articles to be notarized, the attorney who forms the corporation generally acts as the sole incorporated, and later resigns as the incorporator of the company.
What should be included in the articles of incorporation?
Articles of incorporation is a set of formal documents filed with a government body to legally document the creation of a corporation. Articles of incorporation generally contain pertinent information, such as the firm's name, street address, agent for service of process, and the amount and type of stock to be issued.
Does an S Corp have articles of incorporation?
A corporation must file articles of incorporation in the state in which it is located. State laws governing corporations vary. However, generally, articles of incorporation for S and C corporations are the same. The election of S or C status is separately accomplished through Internal Revenue Service filings.
Are S corps considered incorporated?
”Inc." after a company name means that the business in question has incorporated within its home state. Status as a C-corporation or an S-Corporation depends on tax filings with the Internal Revenue Service. Incorporation produces a separate entity -- in essence a fictional person created by law.
Is Inc an S Corp or C Corp?
The C-corp is the default type of corporation. When you file articles of incorporation with your Secretary of State, your company will become a standard C-corp. To structure your company as an S-corp, you must file IRS Form 2553. After filing the form, you will become an S-corp for federal tax purposes.
Does an S Corp have bylaws?
Based on state law, an S corporation must adopt bylaws which represent the internal rights and responsibilities of the shareholders. In comparison, a limited liability company, or LLC, does not need to complete this process. It is also important to note that S corporations are only allowed one type of stock.
Does an S Corp need an operating agreement?
Instead of using an operating agreement, which is specific to an LLC, an S corporation will rely on its corporate bylaws and articles of incorporation. All states require S corporations to use articles of incorporation. However, corporate bylaws are not required in every state.
Are Articles of Incorporation same as bylaws?
Bylaws vs. Articles of Incorporation. Articles of Incorporation is important since both are essential documents in forming a corporation. Articles are the charter that creates a corporation, whereas bylaws set out the rules and procedures for internal governance of the corporation.
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