Basics of Forming a Corporation
Basics of Forming a Corporation
If you have decided that the limited liability and the tax structure of a corporation are right for your business, the next step is actually forming the corporation. The law of the state in which you incorporate will dictate exactly what you need to do, but the steps are basically the same. The following outlines what steps you’ll need to take to form a corporation.
Articles of Incorporation
The Articles of Incorporation set out the basic information about the corporation. This includes the name of the corporation, the purpose of the business, the number and type of shares authorized, the names of shareholders, the names and addresses of the initial officers and directors, the name of the authorized agent, and the name of the incorporator. The Articles of Incorporation are filed with the State, usually the Secretary of State’s office.
Bylaws
Bylaws are the document that regulates how the corporation will be run. It covers things such as how often and when shareholders’ and board of directors’ meetings will be held. It will provide for how much notice should be given prior to a meeting and in what manner notice will be given. This document also sets forth the rules regarding how many shareholders or directors are needed to establish a quorum and how much of a majority vote will be required to take certain actions. For example, the Bylaws may state that a simple majority is all that is necessary to take most actions, but that a two-thirds majority is required to amend the articles of incorporation. The bylaws will also provide for the mechanism by which the bylaws may be changed. For example, bylaws may be changed with the approval of a two-thirds majority of the shareholders.
First Director’s Meeting Minutes
The Minutes of the first meeting of the Board of Directors should be prepared in advance. They will cover all of the business that needs to be conducted at that first meeting. The bylaws of the corporation will be adopted. Shares in the corporation will be issued. Authority will be granted to open a bank account and to conduct business in the name of the corporation.
Those are just the basic steps to forming a corporation. Depending on how you want ownership of your business to be structured, there may be other steps you should take. You may want stock transfer agreements that set out who can own stock in the corporation and how and under what circumstances stock can be sold. You may also want shareholder voting agreements that specify how certain shares of stock will be voted at shareholder meetings. These types of arrangements should be made concurrently with the formation of the corporation.
We hope you found this article about “Basics of Forming a Corporation” helpful. If you have questions or need expert tax or family office advice that’s refreshingly objective (we never sell investments), please contact us or visit our Family office page or our website at www.GROCO.com. Unfortunately, we no longer give advice to other tax professionals gratis.
To receive our free newsletter, contact us here.
Subscribe our YouTube Channel for more updates.
Alan Olsen, is the Host of the American Dreams Show and the Managing Partner of GROCO.com. GROCO is a premier family office and tax advisory firm located in the San Francisco Bay area serving clients all over the world.
Alan L. Olsen, CPA, Wikipedia Bio
GROCO.com is a proud sponsor of The American Dreams Show.
The American Dreams show was the brainchild of Alan Olsen, CPA, MBA. It was originally created to fill a specific need; often inexperienced entrepreneurs lacked basic information about raising capital and how to successfully start a business.
Alan sincerely wanted to respond to the many requests from aspiring entrepreneurs asking for the information and introductions they needed. But he had to find a way to help in which his venture capital clients and friends would not mind.
The American Dreams show became the solution, first as a radio show and now with YouTube videos as well. Always respectful of interview guest’s time, he’s able to give access to individuals information and inspiration previously inaccessible to the first-time entrepreneurs who need it most.
They can listen to venture capitalists and successful business people explain first-hand, how they got to where they are, how to start a company, how to overcome challenges, how they see the future evolving, opportunities, work-life balance and so much more..
American Dreams discusses many topics from some of the world’s most successful individuals about their secrets to life’s success. Topics from guest have included:
Creating purpose in life / Building a foundation for their life / Solving problems / Finding fulfillment through philanthropy and service / Becoming self-reliant / Enhancing effective leadership / Balancing family and work…
MyPaths.com (Also sponsored by GROCO) provides free access to content and world-class entrepreneurs, influencers and thought leaders’ personal success stories. To help you find your path in life to true, sustainable success & happiness. It’s mission statement:
In an increasingly complex and difficult world, we hope to help you find your personal path in life and build a strong foundation by learning how others found success and happiness. True and sustainable success and happiness are different for each one of us but possible, often despite significant challenges.
Our mission at MyPaths.com is to provide resources and firsthand accounts of how others found their paths in life, so you can do the same.
Successful Multi-Generational Living in 4 Stages
The art of multi-generational living: an interview with Gary Klaben. Gary Klaben: Principal at Coyle Financial, West Point grad, Author, and he possesses firsthand experience in multigenerational living. Gary discusses the four stages to the art of successful multi-generational living on Alan Olsen‘s American Dreams Show. In today’s fast-paced world, the concept of multi-generational living is gaining renewed interest.…
Transform Your Leadership: Ultimate Guide to AI-Powered Leadership
Artificial Intelligence has transcended its role as a technological advancement to become a strategic asset in the executive toolkit through AI-Powered Leadership. With the advent of machine learning, natural language processing, and data analytics, AI enables leaders to make more informed, data-driven decisions. The integration of AI-Powered Leadership practices signifies a paradigm shift in how…
Ethos, AI, and Internet Governance with Fadi Chehadé
Fadi Chehadé, Founder & Managing Partner Ethos Capital LLC, former ICANN CEO & Sr. Advisor to World Economic Forum‘s Executive Chairman, discusses AI, internet governess power, and Ethos on Alan Olsen‘s American Dreams Show. This week on American Dreams, we sit down with Fadi Chehadé as he shares his journey from starting as a church custodian in LA to…
Unlocking Leadership and Global Insights with Lew Cramer
Lew Cramer, CEO of Colliers International, former White House Fellow and Director General of the U.S. and Foreign Commercial Service, discusses unlocking leadership and global insights on Alan Olsen‘s American Dreams Show. Leadership and Global Insights In today’s fast-paced world, where global connections and leadership are more critical than ever, learning from seasoned professionals like Lew Cramer can…