Articles of Incorporation

A company’s Articles of Incorporation is the legal document that provides the foundation of the corporation. They are required for any registered C corporation or S corporation and must be filed with the Office of the Secretary of State.

This document sets forth the primary rules and guidelines that your corporation will use to operate. Articles of incorporation are made public.

All articles of incorporation must include the following:

• The name of the business. The name must be available in the state in which you are registering. Missouri has a process that allows you to reserve your intended corporate name for 60 days, which can be extended twice, while you are setting up your business. The name of the corporation must also follow formatting guidelines or else it will be rejected.
• The purpose of the corporation. The Articles of Incorporation must address the purpose for which the business is being formed.
• Incorporators’ names and addresses. Incorporators can be individuals or another corporation. The incorporator and the incorporator’s address may not be changed by amendment.
• The registered agent and office. The Articles of Incorporation must specify an individual as the registered agent for the business upon who process can be served.
• Stock structure. This includes the number of shares and stock classes the business is permitted to issue. This is a critical portion of the Articles of Incorporation
• The number of years the corporation will exist. It is permissible to say that the corporation will exist for perpetuity.

There are standard Articles of Incorporation forms online that may fulfill the minimum requirements required by the state in which you are registering. It is important to keep in mind, however, that these forms will not be tailored to the specific needs of your business and using them may result in significant legal problems later.

There are several reasons that anyone forming a corporation should do so with the assistance of an experienced lawyer. First, hiring an attorney will mean that the basic requirements are properly fulfilled. A business may only discover that its registration documents are deficient when a legal dispute erupts, leading to additional complications.

Second, an attorney can provide legal support including drafting customized articles of incorporation for your business as well By-Laws that will govern the operation of the corporation once it is formed. Also, an attorney can help manage other legal requirements that often come with the formation of a new corporation.

If you are in the process of forming a corporation, you should speak to an attorney as soon as possible. The lawyers of Kilo Flynn provided legal advice and representation to individuals forming businesses throughout Missouri and Illinois. all our office today at xxx-xxx-xxxx or contact us online.