Professional Corporation Bylaws California Withholding Tax
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How to fill out Sample Bylaws For A California Professional Corporation?
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FAQ
California corporations must of course also comply with federal laws in addition to California laws. For example, corporations must obtain a federal Employer Identification Number (EIN).
No, bylaws and operating agreements (and any amendments thereto) are maintained by the business entity and are not filed with the Secretary of State. Requests for copies or information about these documents should be directed to the business entity itself.
One of the key differences between a corporation and a professional corporation is that the shareholders of a professional corporation must be licensed professionals who are authorized to provide professional services in their respective fields. This requirement does not apply to a regular corporation.
California professional corporations can be taxed two ways: (1) as a C corporation or (2) as an S corporation. The C corporation and S corporation designations are made with the IRS, while the professional corporation, itself, is formed with the California Secretary of State. The first step is to file with the CA Sec.
The California Corporations Code does not explicitly state that corporations must have corporate bylaws. However, the necessity of bylaws is implied in several places, including CA Corp Code § 213, which requires corporations to keep a copy of their bylaws on file at their principal executive office.