California Pre-incorporation Agreement of Professional Corporation of Attorneys

State:
Multi-State
Control #:
US-01944BG
Format:
Word
Instant download

Description

A corporation may be organized for the business of conducting a profession. These are known as professional corporations. Doctors, attorneys, engineers, and CPAs are the types of profes¬sionals who may form a professional corporation. Usually there is a designation P.A. or P.C. after the corporate name in order to show that this is a professional association or professional corporation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Pre-incorporation Agreement of Professional Corporation of Attorneys
  • Preview Pre-incorporation Agreement of Professional Corporation of Attorneys
  • Preview Pre-incorporation Agreement of Professional Corporation of Attorneys

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FAQ

The general rule is that when a promoter makes a contract for the benefit of a proposed corporation, the promoter is personally liable on the contract, and remains liable even after the corporation is formed.

And even in that situation the promoter is personally liable for the pre-incorporation contract. Common law doctrine believed that many contracts were made through intermediaries; hence such contracts were to be subject to the law of agency.

A California Professional Corporation may be a C-Corporation or an S-Corporation, and is organized to provide services in professions that require a state license in order to practice.

????? Promoter Liability: A promoter is personally liable on contracts made prior to incorporation, unless the other party to the contract agrees to hold the corporation, rather than the promoter, liable. Once the corporation is formed, it may release the promoter and assume liability on the contract through novation.

The State Bar's Law Corporations Program certifies professional corporations that wish to practice law in ance with applicable statutes and court rules.

Promoters are generally held personally liable for pre-incorporation contract. If a company does not ratify or adopt a pre-incorporation contract under the Specific Relief Act, then the common law principle would be applicable and the promoter will be liable for breach of contract.

To form a professional corporation in California, you must file articles of incorporation with the SOS and pay all applicable filing fees. You can complete and mail the Articles of Incorporation of a Professional Corporation to the SOS. You can also submit the filing online through bizfile Online.

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California Pre-incorporation Agreement of Professional Corporation of Attorneys