Articles of Organization for S Corp are essential when business owners want to form a corporation with special tax treatment under U.S. federal law. This document is filed with the state government and serves as the corporation's foundational document, establishing its existence and basic structure. The Articles must comply with both state corporation laws and federal S Corporation requirements, including restrictions on the number and type of shareholders, single class of stock, and domestic corporation status. This document is particularly useful for small businesses seeking corporate protection while maintaining pass-through taxation benefits.
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1. Article 1 - Name and Purpose: States the legal name of the corporation and its primary business purpose
2. Article 2 - Registered Office and Agent: Specifies the corporation's official address and registered agent details
3. Article 3 - Duration: States the period of existence (usually perpetual)
4. Article 4 - Stock Structure: Details of authorized shares and single class of stock requirement
5. Article 5 - Initial Directors: Names and addresses of initial board members
6. Article 6 - Incorporator: Details of the person(s) forming the corporation
1. Article 7 - Additional Provisions: Special provisions for governance or operations when specific operational or governance requirements exist
2. Article 8 - Indemnification: Provisions for protecting officers and directors when additional protection for leadership is desired
3. Article 9 - Amendment Procedures: Process for modifying articles when specific amendment procedures are needed
1. Schedule A - Initial Shareholders: List of initial shareholders and their ownership percentages
2. Schedule B - S Corporation Election Form: Copy of IRS Form 2553
3. Appendix A - Corporate Bylaws: Detailed internal governance rules
4. Appendix B - Shareholder Agreement: Agreement governing shareholder rights and obligations
Relevant legal definitions
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