Archive | Business Formations Attorney RSS feed for this section

What is a Commercial Coventurer?

A commercial coventurer is a person or corporation that is regularly and primarily engaged in trade or commerce, for profit, other than in connection with the raising of funds, assets, or property for charitable organizations or charitable purposes. This is a person or corporation who makes representations to the public indicating that they will benefit [...]

Read More »

Do I have to Register My Charity with the California Attorney General’s Office

As of January 1, 2005, the California Attorney General requires that you register your charity within 30 days after you receive assets. Registration requires that you provide the Attorney General’s office with your Articles of Incorporation and bylaws. There is also a fee of $25.  Regardless of your charities revenue, if you operate a charity, [...]

Read More »

What if I received a notice from a Corporate Compliance entity asking to prepare annual minutes or file a Statement of Information for my business entity?

Over the last few years, it has come to the attention of business lawyers as well as the California Secretary of State that private companies have been trying (and sometimes successfully) soliciting business through mass mailings to new business owners. These solicitation services have been known to demand you contact them so that they can [...]

Read More »

What is an EIN and why do I need it?

According to the IRS, an EIN (Employer Identification Number) is used to identify a business entity. Most businesses are required to obtain an EIN. This is similar to a social security number, but is for your business entity rather than a person. Now, the IRS allows you to obtain your EIN for your entity via [...]

Read More »

What are Corporate Directors?

The difference between officers and directors of a corporation is often one with which many people get confused.  However, the differentiation is very simple.    Directors are the managers of the corporation and responsible for developing policies, making resolutions, solving problems that affect the business, and providing general supervision to the officers and employees. The [...]

Read More »

What are Corporate Minutes?

Most basically, corporate minutes are the account of what occurs at the corporate meetings. Many corporations fail to keep their corporate minutes up-to-date. However, it is important to do so because the minutes provide information which allows the officers and directors to look back on the decisions and transactions of the corporation. Keeping the minutes [...]

Read More »

What are Corporate Bylaws?

Bylaws are the rules, responsibilities, rights and obligations of the directors, officers and shareholders of a corporation. Both nonprofit and for profit corporations generally draft bylaws in that they serve as the document by which all involved will operate the business.  The bylaws include information about how the directors will be elected, how the meetings [...]

Read More »

What is an S-Corporation

If you are in the process of incorporating your business, you may be asking yourself what the difference is between an S-corporation and a C-corporation. In general, the difference is in the way the entities are taxed. Further, an S-Corporation may be the better option if you are at the initial phases of starting a [...]

Read More »

What is a Statement of Information?

After incorporating your business with the Secretary of State, it is important to remain compliant with the rules of operating a business in that particular state. In California, as in most states, the Secretary of State requires that a Statement of Information be filed with the state. In California, for profit corporations are required to [...]

Read More »

What is a Registered Agent?

Almost all states require that you have a registered agent when incorporating your business. A registered agent is an individual designated to receive service of process (the legal documents that initiate a lawsuit) in the event that your corporation becomes involved in a lawsuit. Generally, this person must have an address located in the state [...]

Read More »