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When starting a business in Tennessee, one of the essential steps is filing the Articles of Incorporation. This document serves as the foundation for your corporation, establishing its existence in the eyes of the law. The form requires several key pieces of information, such as the corporation's name, which must be unique and not easily confused with existing entities. Additionally, it outlines the purpose of the corporation, providing clarity on what the business intends to achieve. The Articles of Incorporation also necessitate the inclusion of the registered agent's name and address, a crucial point of contact for legal matters. Furthermore, it specifies the number of shares the corporation is authorized to issue, allowing for flexibility in ownership and investment. Understanding these components is vital for anyone looking to navigate the incorporation process smoothly, ensuring compliance with state regulations and setting the stage for future success.

Common mistakes

  1. Inaccurate Information: One common mistake is providing incorrect or outdated information. This can include the name of the corporation, the registered agent, or the address. Ensure that all details are current and match official records.

  2. Omitting Required Sections: The form includes specific sections that must be filled out. Failing to complete any required fields can lead to delays or rejection of the application. Review the form carefully to ensure all necessary information is included.

  3. Improper Signatures: Signatures are crucial for the validity of the Articles of Incorporation. If the form is not signed by the appropriate individuals, such as the incorporators, it may not be accepted. Double-check who needs to sign and ensure their signatures are present.

  4. Neglecting to Pay Fees: Filing the Articles of Incorporation usually requires a fee. Some individuals forget to include payment or miscalculate the amount owed. Always verify the fee structure and ensure that payment accompanies the submission.

Key takeaways

Filing the Articles of Incorporation in Tennessee is a crucial step for anyone looking to establish a corporation. Understanding the process can simplify what might seem like a daunting task. Here are ten key takeaways to keep in mind:

  1. Purpose of Incorporation: The Articles of Incorporation serve as the foundational document for your corporation, outlining its purpose and structure.
  2. Required Information: Essential details include the corporation's name, the address of its principal office, and the name and address of the registered agent.
  3. Name Availability: Before filing, ensure that your desired corporation name is unique and not already in use by another entity in Tennessee.
  4. Registered Agent: A registered agent is necessary to receive legal documents on behalf of the corporation. This can be an individual or a business entity.
  5. Filing Fee: There is a fee associated with filing the Articles of Incorporation, which must be paid at the time of submission.
  6. Online Filing: Tennessee offers an online filing option, which can expedite the process and simplify record-keeping.
  7. Effective Date: You can specify an effective date for your corporation, which may be the date of filing or a future date.
  8. Corporate Structure: The Articles must outline the structure of the corporation, including the number of shares and classes of stock, if applicable.
  9. Amendments: If changes are needed after the Articles are filed, amendments can be made, but this requires additional paperwork and fees.
  10. Legal Compliance: Once incorporated, ongoing compliance with state regulations is essential to maintain your corporation’s good standing.

By keeping these points in mind, individuals can navigate the process of filing Articles of Incorporation with greater confidence and clarity.

Tennessee Articles of Incorporation Example

Tennessee Articles of Incorporation Template

Pursuant to the Tennessee Business Corporation Act, these Articles of Incorporation are submitted for filing. The filing entity agrees to abide by the laws of the State of Tennessee.

The undersigned, acting as incorporators, hereby adopt the following Articles of Incorporation for the proposed corporation:

  1. Name of the Corporation: ________________
  2. Principal Office Address: ________________
  3. Duration: The duration of the corporation is perpetual unless otherwise stated. If stated, specify: ________________
  4. Purpose: The corporation will engage in the following business activities:
    ________________
  5. Registered Agent: The name of the registered agent is: ________________.
    The address of the registered agent in Tennessee is: ________________.
  6. Incorporators:
    • Name: ________________, Address: ________________
    • Name: ________________, Address: ________________
  7. Number of Shares Authorized: The corporation is authorized to issue: ________________ shares.
  8. Limitation of Director Liability: A provision for the limitation of director liability shall include: ________________.
  9. Additional Provisions: Any additional provisions can be stated here: ________________.

The undersigned incorporators hereby acknowledge that they have executed these Articles of Incorporation on this ____ day of ____________, 20____.

Signature of Incorporator: ______________________
Printed Name: ______________________

Signature of Incorporator: ______________________
Printed Name: ______________________

Understanding Tennessee Articles of Incorporation

What is the purpose of the Tennessee Articles of Incorporation form?

The Tennessee Articles of Incorporation form is a legal document that establishes a corporation in the state of Tennessee. This form outlines essential information about the corporation, including its name, purpose, and the names of its initial directors. By filing this form, individuals create a separate legal entity that can own property, enter into contracts, and conduct business in its own name.

What information is required to complete the Articles of Incorporation?

To complete the Articles of Incorporation, you will need to provide several key pieces of information, including:

  1. The name of the corporation, which must be unique and comply with Tennessee naming rules.
  2. The principal office address of the corporation.
  3. The name and address of the registered agent, who will receive legal documents on behalf of the corporation.
  4. The purpose of the corporation, which can be general or specific.
  5. The number of shares the corporation is authorized to issue.
  6. The names and addresses of the initial directors.

How do I file the Articles of Incorporation in Tennessee?

Filing the Articles of Incorporation in Tennessee can be done online or by mail. To file online, visit the Tennessee Secretary of State's website and follow the instructions for electronic submission. If you prefer to file by mail, print the completed form and send it, along with the required filing fee, to the appropriate office. Ensure that all information is accurate to avoid delays in processing.

What is the filing fee for the Articles of Incorporation?

The filing fee for the Articles of Incorporation in Tennessee varies based on the type of corporation being formed. As of the latest information, the fee typically ranges from $100 to $300. It is advisable to check the Tennessee Secretary of State's website for the most current fee schedule, as these amounts may change.

How long does it take for the Articles of Incorporation to be processed?

The processing time for the Articles of Incorporation can vary. Generally, if filed online, you may receive confirmation within a few business days. Mail submissions might take longer, often up to two weeks or more, depending on the volume of filings. To expedite the process, ensure that all required information is complete and accurate.

What happens after the Articles of Incorporation are approved?

Once the Articles of Incorporation are approved, the corporation is officially formed. You will receive a certificate of incorporation, which serves as proof of the corporation's existence. Following this, the corporation must comply with ongoing requirements, such as obtaining necessary business licenses, holding initial board meetings, and filing annual reports to maintain good standing in Tennessee.

How to Use Tennessee Articles of Incorporation

After completing the Tennessee Articles of Incorporation form, you will need to submit it to the appropriate state office along with the required filing fee. Ensure all information is accurate and complete to avoid delays in processing your application.

  1. Begin by downloading the Tennessee Articles of Incorporation form from the official state website or obtaining a physical copy from the local office.
  2. Fill in the name of your corporation. Ensure it complies with Tennessee naming requirements, including the use of “Corporation,” “Incorporated,” or an abbreviation.
  3. Provide the principal office address. This must be a physical address in Tennessee, not a P.O. Box.
  4. List the name and address of the registered agent. This individual or business will receive legal documents on behalf of the corporation.
  5. Indicate the purpose of the corporation. Be clear and concise about the business activities you intend to conduct.
  6. Specify the number of shares the corporation is authorized to issue. Include any details regarding different classes of shares, if applicable.
  7. Include the names and addresses of the incorporators. These individuals are responsible for filing the Articles of Incorporation.
  8. Sign and date the form. Ensure all incorporators sign where required.
  9. Prepare the filing fee, which varies based on the type of corporation you are forming.
  10. Submit the completed form and payment to the Tennessee Secretary of State's office, either by mail or in person.