Articles of Incorporation – Domestic Common Interest Development Association
To form an association of this nature, the Articles of Incorporation must be filed with the California Secretary of State. You’re free to compose a document on your own or go through Form ARTS-CID. Even though this form confirms to the minimum statutory criteria, it’s best to consult a private attorney who can address specific business needs or bring you up to speed on whether additional provisions are going to be needed.
General statutory filing requirements can be found under California Corporations Code sections 7120-7211.3 et seq. and California Civil Code, section 1363.5. The references below fall in line with the California Corporations Code.
The articles of Incorporation pertaining to Form ARTS-CID are as follows:
Corporate Name – List the name you have decided on your corporation. Note that the chosen and legal name of the corporation in the State of California has to be the same as the one listed in the Articles of Incorporation, right after where it says “The name of the corporation is”.
In case you choose to compose a document on your own (rather than going through Form ARTS-CID), just be sure to check that the proposed name of title and articles of incorporation do not conflict. In order to avoid this, it is recommended that you not use the name of the corporation in the document’s main title.
Corporate Purpose – This statement is required and shouldn’t be altered in any way or form.
Service of Process – Here you need take two things into account:
- The name of the agent chosen for service of process has to be listed. This is typically a person who is a Californian resident or an individual working for an active California corporation who holds a certificate under section 1505 or section 1502 (b).
- If the service of process agent is listed as an individual and not a corporation, you need to mention his/her California street address, not the PO Box address (section 1502 b).
In this case, an agent for “service of process” is a person residing in the state of California or part of a corporation that’s chosen to accept service of process, in the event your corporation faces litigation. As a corporation, you cannot act as your own agent. Only an agent “from the outside” can be hired, who is willing to accept the service of process on your corporation’s behalf, before being designated.
Corporate Addresses – List the street address of your corporation. There’s no need to use a PO Box address. If it’s different from the street address, list the mailing address of your corporation.
Managing Agent – If you’ve designated one, list his/her name and address.
Additional Statements – In case you need to apply for tax exemption, these additional statements need to be included.
And finally, the Articles of Incorporation are signed by each individual incorporator. There’s also a 30-dollar fee for filing these articles.