Fill Out Your Scc819 Form

What is the SCC819 form?

The SCC819 form is the Articles of Incorporation for a Virginia Nonstock Corporation. It is used to officially establish a nonstock corporation in Virginia by filing with the State Corporation Commission. This form includes essential information about the corporation, such as its name, registered agent, members, directors, and other organizational details.

What are the filing requirements for the SCC819 form?

To file the SCC819 form, you must pay a filing fee of $75.00. You can file online through the Virginia State Corporation Commission’s website or submit a paper filing by downloading, completing, and mailing the form to the designated address. Be sure your submission includes the correct information, as inaccuracies may delay the processing of your application.

How do I check the availability of a corporation name?

You can check the availability of your proposed corporation name by visiting the State Corporation Commission’s website. The name must be distinguishable from existing corporations in Virginia. This step is crucial to ensure you can use the name you want without conflicts.

Can I use a post office box as my registered office address?

A post office box can only be used if there is no street address or if the town has a population of 2,000 or less. It is essential that the registered office location matches the registered agent’s business office address to comply with the requirements.

What must I include in the Articles of Incorporation?

Your Articles of Incorporation must include the corporation name, registered agent, registered office, and the structure relating to members and directors. If your corporation will have different classes of members, clearly state these designations, their rights, and any voting procedures. It's important to follow the guidelines carefully to meet the statutory requirements.

What is a registered agent, and what is their role?

A registered agent is an individual or business entity designated to receive legal documents and official notices on behalf of the corporation. The registered agent must have a business office that is identical to the registered office of the corporation. It is their responsibility to ensure the corporation receives important communications promptly.

What are the guidelines for completing the SCC819 form?

The form should be completed in English, printed on solid white paper, and submitted one-sided. Margins should be maintained at a minimum of 1.25 inches on the top and 0.75 inches on the other sides. The document must be 8.5 inches by 11 inches in size. Ensure that no personally identifiable information is included to protect privacy.

Can I file the SCC819 form online?

Yes, you can file the SCC819 form online through the State Corporation Commission's website. Online filing is recommended for its speed and convenience. Payments can be made using a credit card or eCheck, with no additional processing fees for online submissions.

Do I need to consult a professional before filing the SCC819 form?

While not required, it is advisable to consult with an accountant or tax professional before organizing a nonstock corporation. Seeking guidance can help ensure compliance with tax laws, particularly if you seek tax-exempt status. Resources are available to assist you in understanding the requirements under the Internal Revenue Code.

Filling out the SCC819 form for the Articles of Incorporation of a Virginia Nonstock Corporation can be straightforward, but mistakes can lead to delays or complications. Here are seven common errors people make when completing this form.

Firstly, many individuals fail to check the availability of the corporation name beforehand. The name must not suggest that the corporation will engage in activities outside its authorized business. Conducting a name search early on can prevent having to alter the name after submission, which can be time-consuming.

Secondly, people often overlook the requirement for the registered office information. The registered office must belong to the registered agent and cannot be a post office box unless specific conditions are met. This mistake can result in a rejection of the application or additional requests for information.

Another common error is the incomplete definition of membership within the corporation. If the corporation will have members, the articles must clearly state the classes, qualifications, and voting rights. Omitting this information can lead to confusion later, particularly during the initial organizational meeting.

Incorrectly stating how directors are selected is also a frequent mistake. The articles must specify the method for electing or appointing directors; simply stating that this will be covered in the bylaws is insufficient. Clarity in this section helps avoid potential disputes regarding leadership roles.

Some applicants neglect to include all required signatures, particularly from the incorporators. Every person who signs must provide their printed name and the position held if signing on behalf of a business. This oversight can lead to processing delays due to lack of proper authorization.

Additionally, applicants sometimes fail to provide a contact number or email address. Including this information facilitates quick communication if any issues arise during the filing process. Without these details, it may take longer to resolve questions or clarify information.

Lastly, many people ignore the formatting guidelines specified in the instructions. The articles must adhere to the required paper size, margins, and printing specifications. Submissions that do not meet these criteria may be returned for correction, prolonging the filing timeline.

Avoiding these mistakes can enhance the efficiency of the filing process and improve the chances of a successful submission of the SCC819 form.

The SCC819 form, which is used to file Articles of Incorporation for a Virginia Nonstock Corporation, is often accompanied by several other documents to ensure compliance with state regulations. Below is a list of forms and documents that may be used in conjunction with the SCC819 form.

• Form SCC819NP: This form serves as a template for drafting the articles of incorporation. It provides additional guidance for meeting the necessary statutory requirements of a Virginia nonstock corporation, particularly regarding membership and governance structures.
• Form IRS 1023: Organizations seeking tax-exempt status under Internal Revenue Code Section 501(c)(3) must submit this form to the IRS. It collects information about the organization’s structure, governance, and programs to determine eligibility for exemption from federal income tax.
• Form SCC930: This document serves as the Initial Business Registration form required by the Virginia State Corporation Commission. It includes essential details about the business such as its name, address, and registered agent.
• Bylaws Document: Bylaws outline the rules and procedures for the internal governance of the corporation. They define the roles of members and directors, as well as how meetings should be conducted and decisions made.
• Form SCC601: This is known as the Initial Registered Agent form. It is used to officially designate the registered agent for the corporation, confirming their acceptance of the role and outlining their responsibilities.
• Form SCC932: This document, known as the Annual Report form, is required for maintaining good standing with the Virginia State Corporation Commission. It updates the Commission on the corporation’s address, registered agent, and other vital information annually.
• Form SCC637: This is the Application for a Certificate of Authority for foreign corporations wishing to conduct business in Virginia. This form must be completed when forming a new business entity that already exists in another state.
• Form W-9: While not exclusive to Virginia nonstock corporations, the W-9 is needed for tax purposes by organizations seeking to open bank accounts or establish relationships with vendors. It provides the requester with the corporation's taxpayer identification number.

Understanding these additional documents is important for anyone involved in establishing a nonstock corporation in Virginia. Completing the required forms accurately and completely will help facilitate the incorporation process and ensure compliance with legal requirements.

The SCC819 form, used for the Articles of Incorporation of a Virginia Nonstock Corporation, shares similarities with several other important documents in the business formation process. Here’s a look at four documents that are comparable, along with a brief explanation for each:

• Form SCC631: This document, known as the Articles of Organization for Limited Liability Companies (LLCs) in Virginia, also lays out the fundamental details of a business entity. Both forms require key information about the corporation or LLC name, registered agent, and initial directors or members. They ensure compliance with state laws.
• Form SCC835: Used for the formation of a Virginia Stock Corporation, Form SCC835 similarly necessitates details such as the corporation's name, registered office, and initial directors. Like the SCC819, it ensures the entity is appropriately registered and adheres to statutory requirements.
• Form SCC801: This is the Application for a Certificate of Authority for Foreign Corporations. When a corporation from outside Virginia wants to do business in the state, it must fill out this form. Similar to the SCC819, it requires information about the corporation’s registered agent and proposed name.
• Form IRS 1023: This form is used to apply for tax-exempt status under the Internal Revenue Code. While it serves a different purpose, both the SCC819 and IRS 1023 require the organization to provide detailed information regarding its structure, governance, and activities. They are essential for ensuring compliance with regulations governing nonprofits.

When completing the SCC819 form, it's essential to follow certain guidelines to ensure a smooth filing process. Here are seven important dos and don’ts:

• Do verify the name of your corporation for availability before submission.
• Don't include any Personally Identifiable Information, such as Social Security numbers.
• Do state clearly whether your corporation will have members or not.
• Don't send cash; use a check payable to the State Corporation Commission or pay online.
• Do ensure the registered agent’s address matches their business office address.
• Don't assume that all business needs will be covered; consider consulting professionals for tax advice.
• Do provide accurate contact information for quicker communication about your filing.

Adhering to these guidelines can greatly assist in the successful completion of your SCC819 form submission. Planning ahead often pays off.

Misconceptions about the SCC819 form can lead to mistakes in the incorporation process. Here are eight common misconceptions along with clarifications:

• Anyone can file the SCC819 form without prior guidance. Many opt to file without understanding the document's complexities. It's wise to consult a professional, especially regarding tax-exempt status.
• Registered agents can work anywhere. The registered agent must have a business office identical to the registered office location. This is a strict requirement.
• A post office box can be used for any address. A post office box should only be used if there is no street address or if the town's population is 2,000 or less.
• The form can be submitted in any format. The articles must be printed on solid white paper, one-sided, and meet specific margin sizes.
• Directors don’t need to be named at the formation. The articles must state the election or appointment process for directors. You can't state that this will be decided in the bylaws.
• The corporation does not need to disclose membership details. If there are classes of members, their qualifications and rights must be outlined directly in the articles.
• The SCC819 form is the only requirement for nonstock corporations. This form meets minimum statutory requirements. Additional provisions may be needed based on specific organizational goals.
• Identifying information can be included without concern. Avoid including personally identifiable information, such as Social Security numbers, in the submission. This information is publicly accessible.

When filling out and using the SCC819 form for Articles of Incorporation of a Virginia Nonstock Corporation, keep these key takeaways in mind:

• Understand the Purpose: The form establishes your Virginia Nonstock Corporation and outlines its basic structure.
• Correct Address Usage: Use a rural route and box number only if no street address exists.
• Filing Fees: A filing fee of $75 is required. You can pay online or via mail.
• Registered Agent: You must designate a registered agent who receives legal documents for the corporation.
• Naming the Corporation: Ensure the name is unique and does not suggest activities outside of the authorized business.
• Provisions for Members: Clearly state if the corporation will have members and their rights, or assert that there will be none.
• Directors' Roles: Specify how directors are chosen; they can be elected by members or as defined in your bylaws.
• Incorporator's Signature: At least one incorporator must sign the form. Their printed name and role must be included if signing on behalf of a business entity.
• Privacy Matters: Do not include personal information like Social Security numbers in the filing, as this data will be public.

By following these guidelines, you can navigate the process of forming a Virginia Nonstock Corporation more effectively.