South Carolina Agreement of Shareholders of a Close Corporation with Management by Shareholders

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Multi-State
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US-0178BG
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Word; 
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Description

A close corporation is a corporation that is exempt from a number of the formal rules usually governing corporations, because of the small number of shareholders it has. The specifics vary by state, but usually a close corporation must not be publicly traded, and must have fewer than a set number of shareholders (usually 35 or so). A close corporation can generally be run directly by the shareholders (without a formal board of directors and without a formal annual meeting).
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FAQ

~1-2 business days online. Choose a Corporate Structure. Incorporating means starting a corporation. ... Check Name Availability. ... Appoint a Registered Agent. ... File South Carolina Articles of Incorporation. ... File Initial Report. ... Establish Bylaws & Corporate Records. ... Appoint Initial Directors. ... Hold Organizational Meeting.

Under the Internal Revenue Code, an S-corporation may have a maximum of 100 shareholders. The maximum number of shareholders permitted for a close corporation varies ing to state law. However, most states that recognize close corporations permit these companies to have only about 30 to 35 shareholders each.

A statutory close corporation is a special election that corporations with fewer than 50 shareholders may select. The designation allows for more flexibility than typically allowed with a ??regular? corporation.

Shareholders elect the board of directors because they are the owners of the corporation. The board of directors is accountable to the shareholders and is responsible for overseeing management.

A CC is similar to a private company. It is a legal entity with its own legal personality and perpetual succession and must register as a taxpayer in its own right. A CC has no share capital and therefore no shareholders. The owners of a CC are the members of the CC.

Like any corporate entity, your statutory close corporation has the option of electing to be taxed as an S-Corporation, a corporate taxation status that is relevant only when it comes to federal taxes.

A small business corporation elects federal S corporation status by filing federal Form 2553 (Election By a Small Business Corporation) with the Internal Revenue Service. When a corporation elects federal S corporation status it automatically becomes an S corporation for California.

Any corporation may be incorporated as a close corporation, except mining or oil companies, stock exchanges, banks, insurance companies, public utilities, educational institutions and corporations declared to be vested with public interest in ance with the provisions of this Code.

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South Carolina Agreement of Shareholders of a Close Corporation with Management by Shareholders