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Company formation – USA (California)

1.What are the different types of company that are available to be incorporated? Corporations – owned by its shareholders and managed by a board of directors. There is no separate corporate law relating to corporations which are publicly owned. General partnerships. All partners have unlimited liability
2.What documents are required to incorporate these companies and what are the other registration requirements? Abbreviated standard forms supplied by the Secretary of State of the state
3.How long (approximately in your experience) does this process take from start to finish? Assuming the proposed name is not in use by another, all entities can be formed in a very short time (24–48 hours)
4.What are the capital requirements (minimum amounts, types of capital, limits of shareholders liability) There are no minimum capital requirements, although certain limitations exist on the valid consideration for the issuance of shares.
5.What is the minimum management requirements (e.g. types of office holder or nationality requirements, etc.)? A corporation or an LLC need have only one shareholder or member. The minimum number of officers or directors of a corporation is one. With certain exceptions, a shareholder, member, officer or director of a business entity need not be a citizen or resident of the State or the USA. There are no restrictions or controls on the repatriation of profits.
6.Approximately, what is the local currency cost in relation to formation expenses and taxes? The existence commences on filing with the Secretary of State. The formation fee for partnerships (including LLCs and LLPs) is $70, and $100 for corporations.
7.What publicity is required (e.g. filing of accounts, publication of other information)? The only public documents are the Articles of Incorporation (for a corporation), Articles of Organization (for an LLC) Statement of Limited Partnership (for a limited partnership) or Statement of Authority for a General Partnership. All entities must have a unique federal identification number. Financial statements or accounts need not be filed or published. Tax returns are confidential.

 

 

 

 

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