CHECKLIST IN STARTING UP (INCORPORATING) A BUSINESS IN CALIFORNIA
2003
I. REGULATORY
A. Check with the following for information regarding permits and licenses at State and city level:
San Diego Office of Small Business
World Trade Center
1250 Sixth Ave. 10th Floor
San Diego, CA 92101
(619) 685 1390
Regional Permit Assistance Center
1222 First Ave., Fourth Floor
San Diego, CA 92101
(619) 236-5938
California Department of Consumer Affairs at 1 800 952 5210
B. Check with the following for information regarding zoning:
Development Services & Permit Info at (619) 446-5000
Neighborhood Code Compliance at (619) 236-6490
C. Check with the following for information regarding business names and identification numbers:
Business Tax Certificate Info: http://www.sandiego.gov/treasurer/
Fictitious Business Name info:
County Clerk of San Diego
1600 Pacific Highway, RM. 260
P.O. Box 121750
San Diego, CA. 92112
(619) 237 0502
Seller's Permit/Resale Numbers:
State Board of Equalization
1350 Front St., Room 5047
San Diego, CA 92101-3612
(619) 525-4526
Federal Employer ID Numbers:
IRS: http://www.irs.treas.gov/
(800) 829-3676
State ID Numbers:
Employment Development Department (EDD)
(916) 654-7041
1-888-745-3886
http://www.edd.ca.gov/
Business Name Reservations:
California Secretary of State
(916) 653-6814
http://www.ss.ca.gov/
II. ENTITY SELECTION
A. Refer to the following sources when selecting an entity:
Marsh’s California Corporation Law
by Harold Marsh Jr., & R. Roy Finkle
(available in the County Law Library)
California Secretary of State
(916) 653-6814
http://www.ss.ca.gov/
City of San Diego Business Website
http://www.sannet.gov/directories/business.shtml
California Technology, Trade and Commerce Agency
http://www.commerce.ca.gov/
(with links to California code)
III. ENTITY FORMATION (for corporation or S corporation)
A. Select and reserve a business name (see sources above)
B. Determine the number of directors to be specified in the articles of incorporation (or bylaws), and number and class of stock to be authorized in the articles of incorporation.
C. Draft the articles of incorporation (see sources above for format)
D. File the articles of incorporation with the Secretary of State
E. Draft the bylaws (see sources above)
F. Hold a meeting of incorporators (or directors if named in the articles) to do the following: 1) adopt the bylaws, 2) adopt a corporate seal (if desired), 3) elect the first directors (if not named in the articles), 4) establish an official location, 5) adopt fiscal year for the corporation, 6) authorize opening of bank account, 7) elect the officers of the corporation as specified in the bylaws (at least president, secretary, and treasurer), 8) approve a form of share certificate, 9) authorize the issuance of shares
G. Notify the Commissioner of Corporations of authorization of issuance of shares within 15 days with form 25102f (for more info, call the CA. Department of Corporations at 619 525 4233)
H. If S corporation, elect S corporation status and file form 2553 with the IRS, and form 3560 with the State of California (refer to the above contact information for more info)
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The above discussion is intended to be a general commentary on legal issues. Each situation is different and this article is not intended as legal advice. Further, nothing in this article is intended to create an attorney-client relationship.