What steps are required to form a corporation?
A corporation is a legal entity with a corporate charter from a state. To form a corporation, the following simple steps are required:
1. Select a name for your business. State laws restrict certain words or phrases that can be used in your business name - so make sure you check your state’s rules, which are typically available on the Secretary of State website.
2. Prepare and file the required paperwork with the Secretary of State in the state of incorporation. Typically, Articles of Incorporation must be filed, but in some states the wording is slightly different.
3. Pay the required filing fees.
4. Establish the corporate governance by choosing a board of directors and adopt corporate bylaws.
5. Hold the first meeting of the board of directors and authorize the directors and officers to conduct business. Typically, the first orders of business include issuing stock to the owners, setting up bank accounts, setting up a record-keeping system, obtaining licenses and permits from local government offices, obtaining appropriate insurance for the business, leasing or purchasing offices and equipment, hiring employees, etc.
As time goes on, it is important the board of directors, and officers, conduct business in accordance with corporate governance requirements. Meetings must be held at least annually, and usually more regularly, to document that the corporation is conducting business in accordance with state laws.
Other Corporate Law FAQs
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Q:
What is an S Corporation?
A: There are several different types of corporations from which business owners can choose when they initially set up their business. One type of corporation is an … More -
Q:
What is a C Corporation?
A: A C corporation is the most common type of corporation. The “C” refers to the subchapter of the Internal Revenue Code which explains the rules of … More -
Q:
What is a shareholder derivative action?
A: Shareholders have a limited right to participate in the governance of a corporation. Even if a shareholder believes that corporate management has abused its power or … More

