Oklahoma C Corp Formation
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      Oklahoma C Corporation Formation

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      Jonathan Savar

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      Charles Caldwell

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      Joel Jacobson

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      Vincent Bailey

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      Christina Simpson

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      Michael Dunn

      Michael Dunn is a partner at Dunn Law, PA in Miami, where he specializes in commercial litigation, real estate law, new ventures, mediation, and bankruptcy. He was admitted to the Florida State Bar in 2012. He earned his Juris Doctor from Emory University School of Law and also attended Trinity School of Law in Dublin, Ireland.
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      Brandon Barchus

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      Why use UpCounsel to form your C Corporation in Oklahoma?

      Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Oklahoma C Corp the right way.
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      Why use UpCounsel to form an C Corporation in Oklahoma

      Starting an C Corporation in Oklahoma with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our C Corporation attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for an C Corporation.

      When forming an C Corporation in Oklahoma with UpCounsel, the attorney you choose to help you will conduct a business name search for your Oklahoma C Corporation and assist you in preparing your C Corporation Operating Agreement, along with providing other legal services based on your needs. Once your Certificate of Incorporation have been prepared and successfully filed with the Oklahoma Secretary of State, your Oklahoma C Corporation has been formed and begins its existence as a corporate entity.

      Choosing a Company Name for Your C Corporation

      One of the first steps in the process of forming your C Corporation is to choose your business name.

      The business name that you choose must contain the words "Incorporated" or "Inc." It must be distinguishable (not the same as or deceptively similar to) the name of an S Corp or foreign C Corporation reserved or registered.

      Your C Corporation name may contain the name of one or more members.

      By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Oklahoma S Corp before filing to see which names are available. Once you have chosen an available name, your chosen C Corporation attorney can help you properly register your name with the State of Oklahoma.

      Requirements for Forming a Oklahoma C Corporation

      Certificate of Incorporation: When forming an C Corporation in Oklahoma, the Certificate of Incorporation must be filed following NRS Chapter 86 with the Oklahoma Department of State Division of Corporations. Oklahoma state law requires that certain information be included in your Certificate of Incorporation when forming your Oklahoma C Corporation.

      This information must include:

      1. The C-Corp's name and address.
      2. The C-Corp's purpose.
      3. The C Corporation must appoint a statutory agent designated to for its' service of process. The Original Appointment of Statutory Agent (incorporated into the Certificate form) must provide the agent's name and address as well as the agent's signature accepting the appointment.
      4. The number of shares the C Corporation is allowed to issue.
      5. The incorporator's name, address, and signature.

      Additionally, a Oklahoma C Corporation formation generally requires inclusion and/or consideration of the following:

      Additionally, a Oklahoma C Corporation formation generally requires inclusion and/or consideration of the following:

      C Corporation Operating Agreement: Although the C Corporation Operating Agreement is not required with the Certificate of Incorporation, it is a good idea for every C Corporation with more than one member to have one. The Certificate of Incorporation may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. Oklahoma recognizes operating agreements as governing documents.

      Membership: A C Corporation must have one or more members.

      Eligibility Requirements: A natural person or an entity.

      Procedure for Membership: The member may acquire an interest in the C Corporation directly from the C Corporation at the time of formation and, after formation, at the time provided in and upon compliance with the Certificate of Incorporation or the operating agreement or, if not provided, only upon the vote of a majority in interest of the C Corporation members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the C-Corp's operating agreement.

      Resident Agent needed for a Oklahoma C Corporation

      Remember every Oklahoma C Corporation must have a registered agent in Oklahoma, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent may be a Oklahoma resident or business entity authorized to do business in the state. However, the registered agent must have a physical Oklahoma street address.

      Oklahoma Secretary of State

      Once you create an C Corporation in Oklahoma, the Oklahoma Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

      For further information, contact the Oklahoma Secretary of State.

      Recurring Responsibilities and Duties for Oklahoma C Corporations

      Annual Report: Each C Corporation shall provide an annual report to the Oklahoma Secretary of State regarding its financial condition to each of its officers, directors, and registered agent. The first annual report is due by the last day of the first month after C-Corp's Article of Incorporation was filed. The initial filing fee is $125.

      Records: Each Oklahoma C Corporation must keep the following records open to inspection at its office:

      1. The Certificate of Incorporation and any amendments
      2. The C-Corp's Bylaws
      3. A stock ledger or a statement of where it is kept.
      4. A signed "Incorporator's Statement" showing the names and addresses of the initial directors who will serve on the board until the first annual meeting of shareholders.

      Business Licenses: Business licenses and/or permits are required for most businesses. Contact the Oklahoma Secretary of State for specific licenses.

      Filing Fees for a Oklahoma C Corporation

      The filing fee is based on the total authorized capital (number of shares multiplied by the par value). The fee is $1.00 per $1,000 of authorized capital. No par value stock is valued at $50n per share. The minimum fee is $50.

      Taxes for a Oklahoma C Corporation

      Oklahoma C Corporation shareholders do not report any of the business income and expense on their individual tax return. The corporation files tax returns and pays its income taxes (at generally lower tax rates than would individuals) while the individual shareholders report and pay personal income taxes only on monies paid them by the corporation. It should be noted that shareholders are required to pay personal income taxes on income from dividends paid by a C Corporation even though income taxes have previously been paid by the corporation. This leads to what is commonly referred to as "double taxation".

      Oklahoma state law follows federal law for income tax purposes. Therefore if a corporation is classified as an association taxable as a C Corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

      Federal Income Tax: For federal income tax purposes, a C- Corp is recognized as a separate taxpaying entity. A corporation conducts business, realizes net income or loss, pays taxes and distributes profits to shareholders.

      Federal Tax Identification Number: Your corporation will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). You do not need to get a new EIN after the corporation choose to become a C Corporation An EIN is similar to an individual's social security number. You will need an EIN for your C Corporation as long as there is one member, even if the C Corporation does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

      Start Your Business Off Right with an Affordable C Corporation Attorney in Oklahoma

      Start Your Company Off Right with Affordable C Corporation Attorneys in Oklahoma

      Connect with Top Oklahoma C Corporation Formation Attorneys & Lawyers

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