Do I need a lawyer to Incorporate in Oklahoma? |
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The short answer is no.
The state of Oklahoma does not legally require a lawyer to form an
Oklahoma Corporation.
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The short answer is no.
The state of Oklahoma does not legally require a lawyer to form an
Oklahoma Corporation.
Our detailed Incorporation Information page may help you understand some
of the implications of forming an Oklahoma Corporation.
However, if there is anything about Incorporating in Oklahoma
that you're not sure about you should seek the advice of a competent Oklahoma lawyer, an Oklahoma accountant,
or both before you Incorporate in Oklahoma.
Once you have made the decision to Incorporate in Oklahoma, an Oklahoma lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new Oklahoma Corporation.
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Do I have to Reserve a Company Name before I Incorporate in Oklahoma?
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You are not legally required to reserve a Company Name for a new Oklahoma Corporation before you submit your application to Incorporate in
Oklahoma.
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You are not legally required to reserve a Company Name for a new Oklahoma Corporation before you submit your application to Incorporate in
Oklahoma.
Whether or not you need to reserve a company name for your new Oklahoma Corporation depends entirely on your business situation.
The Oklahoma Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Oklahoma Company Name.
Click here for more information on
Oklahoma Company Name Reservation
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What if the Oklahoma Corporation Name I want is already taken?
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If the Name you have chosen for your new Oklahoma Corporation is already in use by a currently active
Oklahoma Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Oklahoma Secretary of State. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Oklahoma Corporation is available before we submit
your Incorporation filing to the Oklahoma Secretary of State.
If necessary we can register a DBA Name in Oklahoma for you so that you can open your new Oklahoma business as quickly as possible.
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What do I have to do to Incorporate in Oklahoma?
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8 things you have to do in order to Incorporate in Oklahoma.
1. Choose a name for your Oklahoma Corporation
2. Select an official address and a Registered Agent for your Oklahoma Corporation
3. Choose a Board of Directors for your Oklahoma Corporation
4. Decide who will be Officers for your Oklahoma Corporation
5. Determine how you want your Oklahoma Corporation to be taxed
6. File Articles of Incorporation with the Oklahoma Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your Oklahoma Corporation
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Your Oklahoma Corporation name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Oklahoma Corporation name that you choose must be distinguishable from the name of any other registered Oklahoma Corporation or other
business entity and the name must also be different from any reserved names on record with the state of Oklahoma.
Your Oklahoma Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your Oklahoma Corporation name must not be a name that is likely to mislead the public.
The name of an Oklahoma Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your Oklahoma Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the Oklahoma Secretary of State (and pay a fee).
We will:
- Check to make sure that your Oklahoma Corporation name is available
- Make sure your Oklahoma Corporation name conforms to state of Oklahoma regulations
- Reserve your Oklahoma Corporation name with the Oklahoma Secretary of State
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2. Select an official address and a Registered Agent for your Oklahoma Corporation
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Every Oklahoma Corporation must have an address that is physically located in the state of Oklahoma.
This address is "registered" with the Oklahoma Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Oklahoma to receive all correspondence on behalf of the Oklahoma
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many Oklahoma Corporations hire a Registered Agent because they don't have a physical
address within the state of Oklahoma or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Oklahoma Corporation.
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3. Choose a Board of Directors for your Oklahoma Corporation
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All Oklahoma Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your Oklahoma Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your Oklahoma Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of Oklahoma or shareholders of the Oklahoma Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your Oklahoma Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your Oklahoma Corporation
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The Board of Directors elects Officers for your Oklahoma Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the Oklahoma Corporation.
Officers handle the day to day operation of the Oklahoma Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Oklahoma Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the Oklahoma Corporation.
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5. Determine how you want your Oklahoma Corporation to be taxed
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The Oklahoma Corporate Income Tax Rate is 6%.
You may form an S Corporation in Oklahoma.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any Oklahoma Corporate Income Tax.
Oklahoma also levies an annual Oklahoma Corporate Franchise Tax on all Corporations that do business in the state of Oklahoma.Â
Oklahoma Corporations are taxed $1.25 for each $1,000 of capital invested or used in the state of Oklahoma.Â
Foreign corporations doing business in Oklahoma are assessed an additional $100 per year.
Click here for more Oklahoma Corporate Tax Information .
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Oklahoma Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the Oklahoma Secretary of State
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In order to form a Corporation in Oklahoma you must file Articles of Incorporation with the Oklahoma Secretary of State.
The Articles of Incorporation must include certain specific information about your Oklahoma business. If the Articles do not conform exactly to state of Oklahoma requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your Oklahoma Corporation but you will have to pay a fee to the state of
Oklahoma in order to make the changes official.
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7. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Oklahoma Corporation.
All Oklahoma Corporations are required to have an FEIN.
- We can obtain an FEIN for your Oklahoma Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a Oklahoma Corporation.
When you form your Oklahoma Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small Oklahoma Corporations hold 100% of the shares.
Stockholders in a Oklahoma Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the Oklahoma Corporation is able to make all Corporate business decisions.
Oklahoma Corporations usually hold at least 51% of the corporate stock in order to retain control of the Oklahoma Corporation.
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What do I have to do after I form my Oklahoma Corporation? |
6 things you have to do after you Incorporate in Oklahoma.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in Oklahoma for your OK Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required Oklahoma Corporation reports
6. Keep proper records of your Oklahoma Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your Oklahoma Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the Oklahoma Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the Oklahoma Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Oklahoma law or
the Oklahoma Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal Oklahoma office.
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2. Open a Business Bank Account in Oklahoma
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It's very important that you have a separate business bank account for your Oklahoma Corporation.
Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your Oklahoma Incorporation package.
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Note that forming an Oklahoma Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
An Oklahoma Corporation merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Oklahoma Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Oklahoma Corporation vary depending on your business activities
and the specific locations within the state of Oklahoma in which you want to conduct business.
If your Oklahoma Corporation will be selling products in Oklahoma you may be required to obtain a Reseller's Permit from the appropriate
Oklahoma state agency.
If your Oklahoma Corporation will be selling products in Oklahoma you will also be responsible for all applicable local and state of Oklahoma
sales taxes if there are any.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every Oklahoma Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the Oklahoma Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
Oklahoma Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your Oklahoma Corporation into a form that complies with all
state of Oklahoma requirements.
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5. File the required Oklahoma Corporation reports
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| The Oklahoma Secretary of State does have any initial or subsequent requirements for an Oklahoma Corporations to file an Annual Report. |
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6. Keep proper records of your Oklahoma Corporation on file
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Keep the following records on file and available at the principal business office of your Oklahoma Corporation:
- Names and addresses of all Directors and Officers of the Oklahoma Corporation
- Articles of Incorporation for the Oklahoma Corporation and any Amendments to them
- Corporate Bylaws for the Oklahoma Corporation and any Amendments to them
- List of current shareholders of the Oklahoma Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the Oklahoma Corporation
- Copies of all tax returns and Annual Reports for the Oklahoma Corporation for the last 3 years
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What information do I need in order to Incorporate in Oklahoma? |
In order to Incorporate in Oklahoma you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in Oklahoma you'll need the following information about your new Company:
- The name of your new Oklahoma Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation office in Oklahoma (not a PO Box)
- The email address of the Oklahoma Corporation
- Name and address of your Oklahoma Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with the Oklahoma Corporation
- When the Oklahoma Corporation will start and when it will cease to exist (normally the Corporation starts on the date the application is filed and will exist perpetually)
- Names and addresses of the initial Directors of the Oklahoma Corporation
- The number of shares of stock that the Oklahoma Corporation will be authorized to issue
- The par value of the shares which the Oklahoma Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate in Oklahoma becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Oklahoma.
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How long does it take to Incorporate in Oklahoma? |
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Processing times for new Oklahoma Corporation applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Oklahoma Articles of Incorporation takes the state around 4 Business Days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Oklahoma LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE OKLAHOMA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Oklahoma Secretary of State.
In our experience 4 Business Days is the time it usually takes the Oklahoma Secretary of State to process
a new Oklahoma Corporation application.
We get your Oklahoma Corporation application to the OK Secretary of State ASAP.
Once it is at the state we have no control over the new Oklahoma Corporation application process.
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Are there any Expedited Processing Options for new OK Corporation Filings?
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| The Oklahoma Secretary of State does not offer expedited filing options for new Oklahoma Corporation filings. |
How much does it cost to Incorporate in Oklahoma? |
The state of Oklahoma charges $62.00 to Incorporate in OK.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the OK Secretary of State.
If you choose All Business Documemnts to help you Incorporate in Oklahoma our processing fees are $125.00.
We start processing your new Oklahoma Corporation order as soon as we get it.
Total cost includes:
- OK Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the Oklahoma Secretary of State
- Certified Copies of Articles
- Oklahoma Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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What is a Oklahoma Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Oklahoma then you will
most likely need to form a Oklahoma Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of Oklahoma then you will
most likely need to form a Oklahoma Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the Oklahoma Secretary of State.
Depending on exactly what it is that you want to do in Oklahoma, approval from a specific Oklahoma state agency or board may be required before the OK Secretary of State will approve a new
Oklahoma Professional Corporation filing.
This could add to the total processing time for a new Oklahoma Corporation.
Click here for more information on an
Oklahoma Professional Corporation.
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Oklahoma Foreign Corporation Qualification |
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You want to do business in the state of Oklahoma but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of Oklahoma you must register with the Oklahoma Secretary of State as
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You want to do business in the state of Oklahoma but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of Oklahoma you must register with the Oklahoma Secretary of State as
an Oklahoma Foreign Corporation.
The process of registering as a Foreign Corporation in the state of Oklahoma is called Oklahoma Corporation Foreign Qualification.
The process of Oklahoma Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Oklahoma.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Oklahoma Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the Oklahoma Foreign Corporation.
Click here for specific requirements for
Oklahoma Corporation Foreign Qualification.
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