Oklahoma C Corp Formation

Oklahoma C Corporation Formation

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Steven S.

Steven Stark

305 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Joshua G.

Joshua Garber

214 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Richard G.

Richard Gora

163 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Kyle C.

Kyle Carraro

Kyle Carraro is an attorney at law with more than five years of experience. He is licensed to practice law in New York and obtained a Juris Doctorate degree in law from the City University of New York School of Law. Kyle specializes in labor and employment law primarily. He is also skilled in legal research and writing, and he often works with commercial contracts. Since January 2018, Kyle has been serving as a community legal counselor at the Community Legal Resource Network.
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Jason B.

Jason Balogh

6 reviews
Jason is an attorney at Lerch Sturmer LLP who handles insurance coverage, professional liability, and premises liability case. He has successfully represented many clients in complex, multi-party litigation with liability exposure. Outside of the firm, Jason volunteers as a Pro Bono Attorney for the National Center for Refugee & Immigrant Children.
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Heather L.

Heather Ledgerwood

Heather is an attorney at WealthPlan and focuses her practice on estate planning, trust administration, and litigation. In addition to her law degree, she has a Masters of Laws in Taxation and Estate Planning from Golden Gate School of Law. Heather regularly contributes her time in the community and has prepared tax returns in 2010 for individuals living on a lower income.
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Robert S.

Robert Siano

2 reviews
Attorney Robert Siano has over 12 years of experience in civil and criminal cases. He previously worked as a trial attorney in the city of New York for the Administration for Children’s Services. In this role, he prosecuted abuse and neglect cases. He has particular experience in handling complex criminal and civil cases and will work to return the favorable results you are looking for. In addition, Attorney Siano is a Judicial Candidate for the Bronx Supreme Court.
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Sergey M.

Sergey Mekhtiyev

Sergey Mekhtiyev is able to serve his clients in a unique way because he is fluent in Russian, Hebrew, and English. He works in the areas of real estate law, general litigation, and corporate law. His firm, Mekhtiyeve law office, is located in Midtown Manhattan and Brooklyn. Whether your business needs help with operations or a lawsuit, Mr. Mekhtiyev and his team can help.
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Joe S.

Joe Sigety

Based in Utah, Joe Sigety works in business law and litigation, real estate law, and legal matters related to employment. While receiving his J.D. at University of Nebraska College of Law, Joe was a finalist in the Allen Moot Court Competition and worked in the Civil Clinic Program representing low-income clients. He also holds a B.A. from Brigham Young University.
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Daniel W.

Daniel Werly

Daniel Werly is a litigation attorney with exceptional experience in drafting and negotiating commercial contracts. He is licensed to practice law in Illinois and has over eight years’ experience. Daniel has a Juris Doctor in law, which he obtained after graduating from the Georgetown University Law Center. He is also experienced in labor and employment law, and often assists startup companies. Daniel is currently a founding partner of Sievert Werly LLC.
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Why use UpCounsel to form your C Corporation in Oklahoma?

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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

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