There are many reasons to incorporate your business including limiting your personal liability, gaining tax advantages, anonymity, and flexibility as well as guaranteeing an enduring business structure. Anyone who operates a business may incorporate.
A Corporation springs into existence once the articles of incorporation are filed with the Secretary of State. The articles of incorporation set forth the name and address of the corporation as well as authorize the issuance of stock, limit liability of directors and state the corporate purpose. There may be other requirements, such as other documentation and procedures, necessary to complete organization so it is important to be informed of all such requirements to ensure the corporation is complete and properly organized.
An operating agreement must be entered into by the members of a Limited Liability Company either before or after filing the Articles of Organization to make the formation of the LLC valid.
The Operating Agreement governs the LLC's business as well as the member's financial and managerial rights. Use this document to draft your Limited Liability Company's Operating Agreement.
When a meeting of the board of directors of a company is held minutes should be kept and filed in a minutes book. A simple, organized file of all meetings minutes will suffice and should be kept on record at the corporation's headquarters. The minutes should include all resolutions made and other matters dealt with at the meeting and should be signed by the secretary of the meeting.
Use this form for the first meeting of the board of directors, after the organizational meeting has taken place. You may choose to combine the two meetings if you desire (see other LawSmart documents). This will be a guide as to what resolutions should be taken care of upon the first meeting of the board of directors.
An Independent Contractor is not an employee. Technically speaking a company is the client of an independent contractor. An employer may not dictate how, when, or where an independent contractor works. However, an independent contractor agreement is in place to set forth what is expected of the independent contractor, as well as the company, at the price, or rate, set forth in the agreement. An Independent Contractor agreement is important so that the two parties, employer/company and independent contractor, understand what the specifics of the project are that the independent contractor is hired to perform, and the time frame which the project is expected to be completed.
In order to form a Limited Liability Company (LLC), Articles of Organization are required. The existence of the LCC begins upon the filing of the Articles of Organization by the Secretary of State.
The person or persons who execute the articles need not be members of the LLC, but such person will be called the "organizer" during the filing process. The articles include the designation of an Agent for Service of Process and a statement indicating whether the LLC will be managed by one manager or more than one manager or the members of the LLC. The articles may include a date on which the company is to dissolve.
Use this document to prepare the Articles of Organization for your Limited Liability Company.
Even if terminating an employee for good reason it is important to document all warnings of poor performance. Help protect your company from litigation by using this form to give written warning to an employee that without improvement they will be terminated, additionally keep the written warning on record.