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What Is A Corporation

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What is a Corporation?

A corporation is a legal entity created by individuals, stockholders, or shareholders, with the purpose of
operating for profit. Corporations are allowed to enter into contracts, sue and be sued, own assets,
remit federal and state taxes, and borrow money from financial institutions.

The creation of a corporation involves a legal process called incorporation where legal documents
containing the primary purpose of the business, name and location, and the number of shares and types
of stock issued, are drafted.

The process of incorporation gives the business entity a distinct feature that protects its owners from
being personally liable in the event of a lawsuit or legal claim.

What are the Common Types of Corporations?

A corporation can be created by a single shareholder or by multiple shareholders who come together to
pursue a common goal. A corporate can be formed as a for-profit or a not-for-profit entity.

For-profit entities form the majority of corporations, and they are formed to generate revenues and
provide a return to their shareholders, according to their percentage of ownership in the corporation.

Not-for-profit entities operate under the category of charitable organizations, which are dedicated to a
particular social cause such as educational, religious, scientific, or research purposes. Rather than
distribute revenues to shareholders, not-for-profit organizations use their revenues to further their
objectives.

The three main types of business incorporations are:

1. C Corporation

C Corporation is the most common form of incorporation among businesses and contains almost all of
the attributes of a corporation. Owners receive profits and are taxed at the individual level, while the
corporation itself is taxed as a business entity.
2. S Corporation

S Corporation is created in the same way as a C Corporation but is different in owner limitation and tax
purposes. An S Corporation consists of up to 100 shareholders and is not taxed as separate – instead,
the profits/losses are shouldered by the shareholders on their personal income tax returns.

3. Non-Profit Corporation

Commonly used by charitable, educational, and religious organizations to operate without generating
profits. A non-profit is exempt from taxation. Any contributions, donations, or revenue received are
retained in the entity to spend on operations, expansion, or future plans.

How Do Corporations Work?

A corporation is required to name a board of directors before it can commence operations, and the
members of the board of directors are elected by shareholders during the annual general meeting. Each
shareholder is entitled to one vote per share, and they are not required to take part in the day-to-day
running of the corporation. However, shareholders are eligible to be elected as members of the board of
directors or executive officers of the corporation.

The board of directors comprises a group of individuals who are elected to represent shareholders. They
are tasked with making decisions on major issues affecting the shareholders, and they also create
policies to guide the management and daily operations of the corporation.

The elected members to the board of directors owe a duty of care to the shareholders, and they must
act in the best interests of the shareholders and the corporation.

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