What are the requirements for incorporating a for-profit stock corporation in the State of California?
Business corporations authorized to issue stock, excluding such special organizations as cooperatives, credit unions, etc., are organized under the General Corporation Law, and particularly Title 1, Division 1, Chapter 2, California Corporations Code. California Corporations Code Sections 200-202 outline the minimum requirements of Articles of Incorporation for stock corporations.
Businesses incorporating in California are subject to California corporation franchise tax requirements until such time as they formally dissolve.
The original and at least two copies of the Articles of Incorporation should be included with your submittal. The Secretary of State will certify two copies of the filed document without charge, provided that the copies are submitted to the Secretary of State with the original to be filed. Any additional copies submitted with the original will be certified upon request and payment of the $8.00 per copy certification fee.
What are the filing fees for California stock corporations?
The fee for filing Articles of Incorporation on behalf of a stock corporation is $100.00. An additional fee of $15 is charged for expedited service. Check(s) should be made payable to the Secretary of State.
What are the requirements for incorporating a nonprofit corporation?
California nonprofit, nonstock corporations organized for religious, charitable, social, educational, recreational or similar purposes are formed under the Nonprofit Corporation Law, commencing with California Corporations Code Section 5000.
The three primary types of nonprofit corporations, namely, public benefit, mutual benefit and religious, are described below.
A. A corporation organized primarily for charitable purposes and which plans to obtain state tax exempt status under Section 23701d of the Revenue and Taxation Code and/or federal tax exempt status under Section 501(c)(3) of the Internal Revenue Code or organized to act as a civic league or a social welfare organization and which plans to obtain state tax exempt status under Section 23701f of the Revenue and Taxation Code and/or federal tax exempt status under Section 501(c)(4) of the Internal Revenue Code is a nonprofit PUBLIC BENEFIT corporation.
B. A corporation for other than religious, charitable, civic league or social welfare purposes and planning to obtain tax exempt status under provisions other than Sections 23701d, 23701f, 501(c)(4) or not planning to be tax exempt at all is a nonprofit MUTUAL BENEFIT corporation.
C. A corporation organized to operate a church or to be otherwise structured for primarily religious purposes is a nonprofit RELIGIOUS corporation.
Nonprofit corporations are subject to California corporation franchise tax requirements until such time as they formally dissolve unless a determination of exemption is issued by the Franchise Tax Board. Information regarding franchise tax exemption can be obtained from the Franchise Tax Board.
The original and at least four copies of the Articles of Incorporation should be included with your submittal. The Secretary of State will certify two copies of the filed document without charge, provided that the copies are submitted to the Secretary of State with the original to be filed. Any additional copies submitted with the original will be certified upon request and payment of the $8.00 per copy certification fee.
What are the filing fees for California nonprofit nonstock corporations?
The fee for filing Articles of Incorporation on behalf of a nonprofit nonstock corporation is $30.00. An additional fee of $15 is charged for expedited service. Check(s) should be made payable to the Secretary of State.
What are the requirements for forming a limited liability company in California?
For a Limited Liability Company, company names must end with the words "LLC" or "Limited Liability Company". Do not enter periods between the letters in "LLC". The words "Limited" and "Company" may be abbreviated to "Ltd." and "Co." respectively. The name cannot be the same as or deceptively similar to the corporate name of a domestic corporation or a foreign qualified corporation.
Limited liability companies are a relatively new form of business entity for the state. Formation and operation of such entities in California was authorized in 1994 through the Beverly-Killea Limited Liability Company Act. At this time professional limited liability companies are prohibited from forming or registering in California. The majority of limited liability company filings utilize forms prescribed by the Secretary of State, which were developed to simplify filing procedures. The prescribed forms provide for the statutory minimum requirements under the Beverly-Killea Act.
Prepare and file an executed original of the Articles of Organization together with the filing fee.
What is the filing fee for limited liability companies?
The filing fee is $70, payable to the Secretary of State.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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