Establishing a Corporation Corporate Writing

Pages: 4 (1005 words)  ·  Bibliography Sources: ≈ 3  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business

Establishing a Corporation

It is important to note from the onset that each and every state has its own unique requirements and set of rules when it comes to the establishment of a corporation. In this text, I will be seeking to incorporate a business in the state of Alabama. This I will be doing on the instruction of my clients -- Bob Smith and Allen Smith, who have asked me to file the documents necessary for the incorporation of an entity that will be involved in the purchase and sale of vintage American racing vehicles both within the U.S. And abroad.

The very first step of incorporating a business in this particular state is selection of business name. My clients have in this case decided to call their business Brother's Automotive, Inc. The name selected in this case shall be unique and therefore distinguishable from any entity incorporated in this particular state. From the results of my search, the name selected by my clients is available, and hence it has not been used by any other registered business. It is important to note that like is the case in many other states, business entities seeking to incorporate in Alabama must make use of the recommended endings. These according to the Alabama SOS website (2014) include 'corporation' ('Corp.') or 'incorporated' ('Inc.'). The selected name is therefore in compliance with the relevant Alabama state laws.

Specific Requirements for Formation

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The process of establishing Brother's Automotive, Inc. will begin on the successful filling of the certificate of formation. However, before that, I will be required to obtain a name reservation certificate (Alabama SOS, 2014). With regard to the filing of the certificate of formation, it is the county probate judge who will in this case forward to the Secretary of State a copy of the certificate (NOLO, 2014). Below, I briefly highlight some of the information I will be required to include in the said articles;

Incorporators

Corporate Writing on Establishing a Corporation it Is Assignment

In Alabama, entities seeking to incorporate are allowed to have one or more incorporators. An incorporator in the words of Spadaccini (2007, p. 120) "is the person who organizes a corporation and files its articles of incorporation." This could hence be an individual or individuals who initiate an entity's incorporation process. In this case, the incorporators will be my two clients; Allen Smith and Bob Smith -- the owners of the business.

With regard to the listing requirements, the name and address of each incorporator is a requirement in this case.

There are no eligibility requirements for incorporators.

Purpose of the Corporation

Like is the case in many other states, a corporation in Alabama can be established for the pursuance of any business activity - provided it is lawful. It is a requirement that the corporate purpose be briefly stated in the Articles. The corporate purpose of Brother's Automotive, Inc. will be buying and selling of American vintage sports cars.

Directors

The minimum number of directors as per the Alabama state laws is one. It is however… [END OF PREVIEW] . . . READ MORE

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