Oklahoma C Corp Formation

Oklahoma C Corporation Formation

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Steven S.

Steven Stark

274 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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Richard G.

Richard Gora

156 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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Joshua G.

Joshua Garber

196 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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Margaret M.

Margaret Moon

2 reviews
Margaret Moon is an attorney at law with four years of experience. She primarily focuses on assisting e-commerce startups with their legal needs, but also assists other online-based businesses with their legal matters. Margaret obtained his degree in law after his graduation from the Hamline University School of Law. Margaret has been providing legal services to corporate clients since February 2014 as a solo practitioner, under the name Moon Legal Solutions.
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Peter S.

Peter Schoenthaler

2 reviews
Peter is a business lawyer with a broad background in many areas of the law and is the founder of the Schoenthaler Law Group. He has substantial experience in corporate and transactional law as well as federal and state litigation matters. He has also successfully represented clients in hundreds of cases, including business, and complex litigation matters.
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Jack J.

Jack Jacobs

2 reviews
Jack Jacobs is the current Managing Partner at Cleantech Law Partners - a Law Firm focusing on the renewable energy industry - and has been for over 7 years. Before that, he worked as an Environmental Litigation Lawyer, as well as a Consultant for many different corporations around the world. Jack obtained his J.D. from the Vermont Law School, and his Masters in Environmental Law and Natural Resource Policy from Lewis & Clark Law School.
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Kristen B.

Kristen Browde

The primary practice areas of David's firm, David A. Browde, PC, are divorce, child support, alimony, and other aspects of family law including custody cases. He can also handle defense against civil litigation cases in addition to registering trademarks. Before practicing law, he spent over 15 years as a television reporter for several stations including CBS.
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Drew S.

Drew Sanchez

8 reviews
Drew Sanchez has more than six years of experience as a corporate attorney. He primarily specializes in business formation, business operations, employment law and commercial contracts. Drew obtained his Juris Doctor degree in 2010, after he graduated from the Santa Clara University School of Law. He has been licensed to practice law in California. Drew has been a sole practitioner since 2011. Prior to this position, Drew was an independent counselor at The 42nd Group.
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Melvin C.

Melvin Cade

Melvin Cade has assisted corporate clients with their legal matters for the past two decades. He has a license to practice law in Louisiana and holds a Juris Doctor degree in law, which he received after graduating from the Southern University Law Center with honors. Melvin’s primary practice area is a business formation, but he is also able to assist with commercial contracts, trademarks and general lawsuits. Melvin has been a sole practitioner since 2005.
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Michelle O.

Michelle O'brien

Michelle O’Brien was named as a Rising Star in the area of Energy and Natural Resources Law by Philadelphia Magazine three times. She is a licensed attorney in Pennsylvania, New York, Maryland and Columbia. She finished law school from the University of Maryland School of Law in 2002. Her expertise includes commercial lending, energy, real estate and corporate and commercial transactions. She is a Pennsylvania Bar Association’s Oil and Gas Committee. She is the founder of O'Brien Law Group.
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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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