Making sure that corporations are registered and have the proper paperwork needed by city, state and federal government.
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reating a business entity is one activity that should definitely have the advantage of qualified legal advice and consultation. Corporation formation must be done with meticulous care and attention to details. A corporation formation attorney is skilled at setting up many types of business structures, including corporations, and s-corporations.
There are many types of corporations, and an attorney is in the position of knowledge with regard to advising clients about which type of corporation would best serve their interests and desires for that business operation. Business advantages that are features of most corporations include the limitation of liability, which protects investors, shareholders and employees from responsibility of corporate debts that are owed to creditors.
In the eyes of the law, corporations are viewed as being a fictional, legal, or moral person, but not a natural person as are human beings. As a separate business entity, the corporation can act as a person to conduct business, acquire assets, make contracts, and have a perpetual lifetime. It can be a subsidiary of another corporation or be independent on its own standing. The corporation has a legal personality, liability is limited to protect investors and employees, the corporation can issue and sell shares of stock, and it can be run by managers who answer to a board of directors.
The term 'corporation' is taken from the Latin word 'corpus' that also refers to a body, or body of people. It has human-like rights and can initiate legal actions against people or other businesses. Its birth certificate is a certificate of incorporation, and a death certificate would be the legal dissolution of the corporation. Both of these documents must meet strict legal requirements, and should be created by a licensed corporation formation attorney. Corporations can be taxed and sued, and they can be convicted in criminal court for serious offenses.
Another characteristic unique to corporations is their ability to achieve perpetual succession. Recent laws that apply to corporations and their operations dictate privatization of publicly or government owned corporations, deregulation of activity, and policies that enhanced the development of conglomerates. In the event of liquidation, creditors are granted first access to corporation assets.
The special requirements of incorporation require creation of a charter and the appointment of a legal registered agent. Articles of incorporation must be filed with the government. A corporation is considered to be a citizen of the state in which it is headquartered. Appointed board of directors write up corporate by-laws to govern the operation of the corporation. The corporation may be a for profit operation or a non-profit corporation. It can be publicly traded or a closely held private corporation.
A corporation has special legal status as an independent entity. It is separate in the eyes of the law from its members, with its own liabilities and privileges. Under corporate law, the new corporation is granted a charter for business operations. A group or individual that wants to establish a new corporation would fare well to include the assistance of a licensed corporation formation attorney in the set up of that business entity to avoid future legal issues and problems.
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