The Certificate of Formation For Profit Corporation serves as the founding document for a business seeking to operate as a corporation in the United States. This document is required when entrepreneurs or business owners want to create a separate legal entity that offers liability protection, enables raising capital through stock issuance, and provides a formal business structure. It must be filed with the appropriate state authority and typically includes information about the corporation's name, purpose, shares, registered agent, and initial leadership. The requirements and exact name of this document may vary by state, but its fundamental purpose remains consistent across U.S. jurisdictions.
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1. Article 1: Corporate Name: Legal name of the corporation being formed
2. Article 2: Registered Office and Agent: Address of registered office and name of registered agent for service of process
3. Article 3: Corporate Purpose: Statement of business purpose and permitted activities of the corporation
4. Article 4: Capital Stock: Number and classes of authorized shares, par value, and share characteristics
5. Article 5: Initial Directors: Names and addresses of initial board members who will serve until first annual meeting
6. Article 6: Incorporator: Name and address of incorporator(s) forming the corporation
1. Article 7: Preemptive Rights: Provisions relating to shareholders' rights to maintain ownership percentage through priority purchase of new share issuances
2. Article 8: Director Liability: Limitations on personal liability of directors and provisions for indemnification
3. Article 9: Corporate Powers: Specific enumeration of corporate powers and authorities beyond statutory defaults
4. Article 10: Bylaws: Provisions regarding the adoption and amendment of corporate bylaws
1. Schedule A: Initial Share Subscriptions: Details of initial share issuance including subscriber names, number of shares, and consideration paid
2. Schedule B: Required State Forms: Additional forms and certificates required by state of incorporation
3. Schedule C: Initial Officers: List of initial corporate officers, their positions, and contact information
4. Schedule D: Filing Fees: Schedule of required filing fees and payment information
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