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Corporate By-Laws (8 Pages)

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Description

This is a Form of corporate by-laws to be adopted by a for-profit corporation at its inception. This Form addresses the basic issues and state law requirements of organizing a corporation, i.e. indicating the responsibilities of the stockholders, addressing the election of a Board of Directors and the appointment of corporate officers. Note that the number of directors is left open to be decided. In most states, a single director is permitted, and state law does not provide for an upper limit on the number of directors. By-laws can be amended at any time to better address the workings of the corporation (see Article VII).

The By-laws address issues of voting, quorums, meetings, etc., all rather standard requirements of state corporate statutes to be addressed as part of the organization of a corporation. Note the language providing for indemnification of the directors in Article IV. Many directors insist on this provision before being willing to serve. In some cases, the corporation also purchases directors’ liability insurance as additional protection for the directors.

Author:

Steven G. Siegel is president of The Siegel Group, a Morristown, New Jersey - based national consulting firm specializing in tax consulting, estate planning and advising family business owners and entrepreneurs. Mr. Siegel holds a BS from Georgetown University, a JD from Harvard Law School and an LLM in Taxation from New York University.

He is the author of several books, including: Planning for An Aging Population; Business Entities: Start to Finish; Taxation of Divorce and Separation; Income Taxation of Estates and Trusts, Preparing the Audit-Proof Federal Estate Tax Return, Putting It Together: Planning Estates for $5 million and Less, Family Business Succession Planning, Business Acquisitions: Representing Buyers and Sellers in the Sale of a Business; Dynasty Trusts; Planning with Intentionally-Defective Grantor Trusts; The Federal Gift Tax: A Comprehensive Analysis; Charitable Remainder Trusts, Grantor Trust Planning: QPRTs, GRATs and SCINs, The Estate Planning Course, The Retirement Planning Course, Retirement Distributions: Estate and Tax Planning Strategies; The Estate Administration Course, Tax Strategies for Closely-Held Businesses, and Tort Litigation Settlements: Tax and Financial Issues.

Mr. Siegel has lectured extensively throughout the United States on tax, business and estate planning topics on behalf of numerous organizations, including National Law Foundation, AICPA, CCH, National Tax Institute, National Society of Accountants, and many others.  He has served as an adjunct professor of law at Seton Hall and Rutgers University law schools.

The Siegel Group provides consulting services to accountants, attorneys, financial planners and life insurance professionals to assist them with the tax, estate and business planning and compliance issues confronting their clients. Based in Morristown, New Jersey, the Group has provided services throughout the United States. The Siegel Group does not sell any products. It is an entirely fee-based organization.

Contact the Siegel Group through its president, Steven G. Siegel, e-mail: steve@siegel.net.

 

 

 

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