what type of lawyer draws up articles of incorporation

by Kristofer Cassin DDS 8 min read

The corporate lawyer will draft incorporation articles, and documents specifying the management of internal affairs such as the roles in the company. Corporate lawyers can also assist partnerships, limited liability companies and partnerships, and business trusts.

What are articles of incorporation?

May 21, 2021 · Registered Agent or Registered Office: location where legal papers can be served on the corporation You don't necessarily need an attorney to draw up your Articles of Incorporation, and you definitely don't need to struggle to write them on your own. At Rocket Lawyer, you can use our Articles of Incorporation to get it done very quickly and easily.

Who is the incorporator of a corporation?

Oct 22, 2021 · It is typically not necessary to hire a lawyer to assist with filing your articles of incorporation. If you do not feel comfortable filing completely on your own, you may seek assistance from services like IncFile, Legal Zoom, or Rocket Lawyer. You can find a list of the top 5 legal assistance websites here.

Do I need a lawyer to incorporate my business?

Jan 07, 2021 · Nine steps to file articles of incorporation. To file your articles of incorporation, follow these nine steps: 1. Determine how to file. You can file articles of incorporation directly with your state secretary’s office, through a legal help site, or with a lawyer’s assistance.

What happens if a company does not file Articles of incorporation?

Oct 15, 2021 · "When people who are not family—or do not have a relationship of absolute trust like a household essentially does—come together to incorporate, then an attorney should be used for the planning documents," says New York-based attorney Andrew Rozo. "Doing business with friends and strangers often leads to issues and corporate breakups that can be extremely …

Who will make the articles of incorporation?

In the U.S., articles of incorporation are filed with the Office of the Secretary of State in the state where the business chooses to incorporate. 1 Some states offer more favorable regulatory and tax environments and, as a result, attract a greater proportion of firms seeking incorporation.

What is a corporate attorney called?

Litigators can also be corporate attorneys, as they are lawyers who represent corporations, either bringing a suit against an identity or defending the corporation if it is being sued. Corporate lawyers are typically found in large law firms, with seasoned experts working as an in-house counsel.Jul 12, 2018

How do I write articles of incorporation?

You must be able to provide the following to file your Articles of Incorporation:Corporation name and mailing address.Registered agent name and address.Duration of incorporation.Nature of the business.Number of shares and type issued.Powers of Incorporation designations.Signature and date lines.Jun 16, 2021

What is the highest-paid lawyer?

Medical lawyers are among the highest-paid types of lawyers and earn one of the highest median salaries in the legal field.

What type of lawyer gets paid the most?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

How long does it take to draft articles of incorporation?

about two monthsThere is an average processing time of about two months before your articles of incorporation will be officially approved by the state of California.

What is the meaning of articles of incorporation?

Definition. The highest governing document in a corporation. Also known as the corporate charter, it generally includes the purpose of the corporation, the type and number of shares, and the process of electing a board of directors.

Can you write your own articles of association?

custom articles of association. If a company uses model articles of association, they're given unlimited powers by default. However, if shareholders or the board of directors want to put restrictions on what the company has the power to do, they can write their own articles.

What is Articles of Incorporation?

The Articles of Incorporation (sometimes called the Certificate of Incorporation in Delaware) are the primary rules laid out to manage a corporation. The articles are filed with the state in which the corporation was formed.

What is the name of the person or persons organizing the corporation?

Incorporator: the name of the person or persons organizing the corporation. Board of Directors: names and contact information of the persons on the board of directors. Initial Director: the name of the incorporator, registered agent or attorney that is designated as the initial director.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What is an article of incorporation?

What are Articles of Incorporation? Articles of Incorporation are a set of formal documents that establish the existence of a company in the United States and Canada. For a business to be legally recognized as a corporation.

What information is included in Articles of Incorporation?

The specific information included in the Articles of Incorporation varies from state to state, but the following are the typical details that are included: 1. Name of corporation. Companies that file for incorporation must indicate the name that the business will use to conduct its operations. The name must include the term “Inc” ...

What type of corporation should a business disclose?

The business should disclose the type of corporation that it intends to register. The main types of corporations include non-stock corporations, stock corporations, and non-profit corporations. There are different fees for the various types of corporations.

What is a corporation?

Corporation A corporation is a legal entity created by individuals, stockholders, or shareholders, with the purpose of operating for profit. Corporations are allowed to enter into contracts, sue and be sued, own assets, remit federal and state taxes, and borrow money from financial institutions.

Why is it important to operate a business as a corporation?

Operating a business as a corporation adds credibility and trust to the company. Customers tend to trust businesses with the terms “Inc” or “Incorporated” at the end of their brand name. Trading as a corporation also helps gain the trust of investors and banks that are planning to invest in or finance the business.

What are the expenses that are deductible in Articles of Incorporation?

Common expenses that are deductible include depreciation, amortization, mortgage payments and interest expense. and regulatory environments. The main components of the Articles of Incorporation include the name of the corporation, type of corporate structure.

What are the advantages of a corporation?

The following are some of the advantages that accrue to a business that operates as a corporation: 1. Establishment of perpetual existence. Perpetual existence means that the corporation will continue to operate in the future even with the exit or death of the owners and executives.

What is an article of incorporation?

What are Articles of Incorporation? Articles of Incorporation are a set of documents that establish the existence of a corporation. The articles are filed with the secretary of state or whatever agency handles business filings in your state of formation. The articles become public record and are designed to provide important information about your ...

What is the difference between articles of incorporation and articles of organization?

Articles of Organization. Articles of incorporation are used to create corporations, while articles of organization are filed to form LLCs. Articles of incorporation may also be known as certificates of incorporation or corporate charters.

What information should be included in an article of organization?

Number and Type of Shares: Your articles of organization should also include information regarding the number of shares your corporation is authorized to issue, classes of shares, and the value of each share.

What is an incorporator?

Incorporators, Officers, Directors and Other Members: An incorporator is a person or company filing articles of incorporation with the state. Most states require the incorporator’s name, address, and signature to be included. Some states also require the names and addresses of directors and other members of the corporation.

What is the benefit of incorporating a business?

The most universally appealing benefit of incorporating is limited liability protection. When your articles of incorporation have been filed, your business becomes its own separate entity. This draws down the corporate veil that will protect your personal assets in the event of legal action against your business.

How long does it take to get articles of incorporation?

Processing times for your articles of incorporation will vary by state. In Alaska and Hawaii turnaround can be as fast as 3 to 4 days, while Delaware can take 4 to 6 weeks. Below is a current list of approximate wait times for each state. Many states also offer expedited processing for an additional fee.

Do you need a company name after your company name?

Generally speaking, you’ll need to provide: Your Company Name: Before filing your articles of incorporation, be sure the company name you want is not already taken. Most states require the addition of a corporate designation such as “Inc.” after your company name.

What does incorporation mean?

Incorporating also means people will take your company seriously and you can set the stage for future expansion of your business. You can raise capital for the business through the sale of stock. Ownership in a corporation can be transferred easily should you decide to sell.

How to organize a corporation?

There are multiple benefits to organizing your company as a corporation: 1 A corporation limits your personal liability and may make tax breaks available to you. 2 Your corporation can take tax deductions for the cost of health insurance and life insurance. 3 Incorporating also means people will take your company seriously and you can set the stage for future expansion of your business. 4 You can raise capital for the business through the sale of stock. 5 Ownership in a corporation can be transferred easily should you decide to sell.

What are the benefits of a corporation?

There are multiple benefits to organizing your company as a corporation: A corporation limits your personal liability and may make tax breaks available to you. Your corporation can take tax deductions for the cost of health insurance and life insurance.

Can I start a corporation without an attorney?

If you are wondering, can you start a corporation without an attorney, the answer is yes. There are two different methods you can use: You can follow the steps required for incorporation yourself, filling out documents and filing them yourself with your state, and. Incorporate Online.

Can I incorporate without a business attorney?

And, yes, it is possible to incorporate without using a business attorney.

Who manages a corporation after it has filed articles of incorporation?

In many situations, once a corporation has filed its articles of incorporation, it is by default managed completely by the shareholder-elected directors and by the officers who have been appointed by the director (s) and are consequently supervised by them. Typically, what is called a shareholder agreement permits the corporation’s shareholders ...

Why do shareholders want to supplement the articles of incorporation?

Further to just adhering to the articles of incorporation and the bylaws documents, there are additional reasons why a corporation’s shareholders would want to supplement these two constitutional documents: For privacy purposes because the two constitutional documents are available for the public to inspect while the shareholder agreement is ...

What is a shareholder in a company?

A shareholder can be a person, a company, or another institution that has ownership of at least one single share in a company. As shareholders are the corporation's owners, benefits can be made if the company is successful when stock has gained in value.

What is a corporate bylaw?

Corporate bylaws, which regulate the company in relation to its internal management and affairs. This includes board meeting procedures and entitlements to dividends. A third document that can be drawn up in a corporation is the shareholder agreement, which is not compulsory under state law. When you set up a business as a corporation for ...

What documents are required to set up a corporation?

There are two constitutional documents required when setting up a corporation in any U.S. state: Articles of incorporation, which is the primary document and typically regulates the corporation’s activities including its powers and objectives. Corporate bylaws, which regulate the company in relation to its internal management and affairs.

Is it mandatory to include minority shareholders in a shareholder agreement?

Including minority shareholders’ rights is not a compulsory part of a shareholder agreement, but it can be included. Two or more shareholders can draw up an agreement presented in writing as long as the shareholders exercise the voting rights they have in relation to their shares as laid down in the agreement.

Do corporations have to have shareholder agreements?

A corporation is not required to have a shareholder agreement, but due to the flexibility of this document and what it can include, it is in the interest of shareholders to legalize such an agreement so as to protect their rights and the success of the corporation.

What should a business have in its articles?

A business should have a set of Articles adapted to its particular ownership and managerial structure and to the nature of its business activity . The Articles should reflect the agreements or understandings among the business participants and cover likely business growth possibilities and liability exposure concerns.

What is the purpose of filing a business formation document?

Filing of the business formation document (“Articles”) is the required first step in the operation of a business. It provides basic information about the business that is publically available through the Secretary of State’s office. Consequently, the information contained in the Articles forms a contract among the business participants, ...

What is required of a business entity?

A business entity is required to follow its Articles and third parties are put on constructive notice as to its content. Certain aspects or rights of the business must be specifically included in the Articles or they will not apply to the business.

What is a business formation document?

The filing of a business formation documents begins the legal existence of a business entity. Available entity types and their respective business formation documents are: Corporation – Articles of Incorporation. Limited Liability Company (LLC) – Articles of Organization. General Partnership – Statement of Partnership Authority.

What is incorporation law?

Incorporation definition law refers to state and federal laws surrounding the act of incorporating a business. There are some legal requirements for any corporation formed in the country and some that are state specific.

What is the process of incorporation?

When a business decides to form a corporate structure or company, the process is called incorporation. Corporations, by definition, are completely separate entities from their owners. This separation is called the corporate veil, and it offers a level of liability protection to the owners and shareholders in a corporation.

How are corporations formed?

Corporations are formed when a business owner files articles of incorporation with the state in which they plan to conduct business. Most other types of business entities can choose to incorporate once they've already been formed.

Why do companies incorporate?

One of the biggest draws of incorporating is the fact that an incorporated company can be held liable for debts and legal obligations apart from its owners. If the corporation is sued, the assets of the owners are not liable in the suit.

What happens if a corporation is sued?

If the corporation is sued, the assets of the owners are not liable in the suit. However, because a corporation can own its own assets and property, creditors and courts can go after anything the business itself owns. Shareholders invest in a corporation creating financial ties, to a point.

What happens to shareholders when they invest in a corporation?

Shareholders invest in a corporation creating financial ties, to a point. In the event of legal or financial trouble with the corporation, its shareholders can only lose as much as they put into the company, basically their amount of investment, but they don't need to worry about their personal finances or assets.

What is the best fit for a business structure?

The best fit for business structure depends on the long term goals of the company, its size, and desire for growth.

What is an article of association?

The Articles of Association can be viewed as the company’s constitution: a document that defines the purpose of the company, the kind of business it will develop, the duties and responsibilities of its directors and the powers that lay in the hands of the company’s shareholders.

Why do companies need specialized legal aid?

Requesting specialized legal aid is recommended for the purpose of drawing up a set of Articles that observes the current corporate rules and handle any particular issues that need to be included , as per the specific characteristics of the company that is being incorporated.

What is Articles of Association in the Netherlands?

The Articles of Association in the Netherlands are important documents that govern the functioning of the company. Our lawyers in the Netherlands can help you draw up the company’s Articles of Association and know more about the Dutch company law.

Can the Articles of Association be amended?

The Articles of Association can be amended following a proposal made by the Management Board that was previously approved by the Supervisory Board. The General Meeting of Shareholders decides to apply an amendment if it is approved by a majority of votes.