Would a corporation typically file Articles of Amendment with the state of incorporation to change its official name?

A2AYes, when a corporation wishes to change its name, it must file an amendment with the state of formation.The title of the amendment filing that I have seen most frequently is Certificate of Amendment, though a different title may be used in some states. For example:In Delaware, one files a Certificate of Incorporation[1] to form a corporation, and a Certificate of Amendment[2] to change its name.In California, one files Articles of Incorporation[3] to form a corporation, and a Certificate of Amendment[4] to change its name.Footnotes[1] https://corpfiles.delaware.gov/i...[2] https://corpfiles.delaware.gov/a...[3] https://bpd.cdn.sos.ca.gov/corp/...[4] https://bpd.cdn.sos.ca.gov/corp/...

Does the Second Amendment protect a right to form a militia other than those mentioned in Articles 1 and 3 of the Constitution?

Like every other right in the Bill of Rights, the Second Amendment protects individual rights. The definition of militia is much broader and defined than many suspect:10 U.S. Code § 311 - Militia: composition and classes(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.(b) The classes of the militia are—(1) the organized militia, which consists of the National Guard and the Naval Militia; and(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.The unorganized militia is therefore about half of the country between the ages of 17 and 45 years of age, not any small body of people who call themselves a militia. In other words, able-bodied American males of fighting age, the National Guard and the Naval Militia are the militia of the United States. Millions of Americans are the militia whether they know it or not, whether they call themselves a militia or not, whether they actively form a militia or not. Congress has the right to control the United States militia, and the president commands the militia when called to active duty. Each state also has a militia controlled by their legislatures and commanded by their Governors or other officers.The right to form a militia other than militias mentioned in the Constitution and laws of the United States and each of the 50 states will depend upon the stated goals, activities and scope of any militias and whether they comply with the regulations referred to in the Second Amendment. It is clear that any other militias do not have the same rights and duties as the official U.S. and state militias. The Second Amendment refers to the laws passed to regulate the official defined militias, both organized and unorganized. To answer the question precisely one would need to undertake legal research and consider each law regulating the organized and unorganized militias. That would be a chore. It’s what is not spelled out in the Second Amendment that provides the answer.

For the amended tax return, the only thing I needed to correct was the filing status. Do I still need to fill out the rest of the form involving income, etc.?

Yes, it depends what kind of income. For social security incomes, there is a different threshold amount for single and Married Filing joint. Different filing status have a certain treatment and that tax rates are different for every filing status. The filing status change goes on the very top of the 1040X. When I was a Tax Auditor for the IRS, the 1040X was one of the hardest thing to calculate. Just a few years ago, the IRS decided to change but with disastrous results- people were more confused than the original. So IRS changed the 1040X to its original. Follow your program’s instruction or go to an Enrolled Agent. I found out throughout my career that a good majority of CPA’s do not know the mechanics of the 1040X. Chances are you may need to send the returns by mail.

How is to form a more perfect union related to the articles of confederation?

The Articles of Confederation were acknowledged by the Founders to have various inherent flaws which impeded the cohesion of the sovereign states into a functioning nation with a limited federal government.The subsequent US Constitution was written from the perspective of all rights are natural rights, and were endowed to each person by God at birth.For the benefit of society, some of our rights are voluntarily delegated from each individual to the government by virtue of the provisions in the Constitution.The original states were so fearful of creating a centralized government that could evolve into a dictatorship or monarchy that the Constitution itself was a controversial document and its adoption was not assured.To prevent the rise of tyranny, the Founders separated powers into three branches of government. Each branch of government is balanced by another to make collusion more unlikely.Even after the initial draft was completed, the states were hesitant about adopting the proposed Constitution. This led to the creation and adoption of the first ten amendments which are known collectively as the American Bill of Rights. These rights are stated clearly, and constitutionally guaranteed; furthermore, the famous 10th Amendment profoundly states that all rights not specifically delegated to the Federal Government are reserved for the states or the people.So it is fair to say the weak and ineffective Articles of Confederation led to the creation of the most effective governance document ever created, the United States Constitution.I think our Founders would be troubled by how much of each American’s liberty and each state’s powers have been eroded by the Federal government over time, but heartened by the fact that our core rights are still exercisable.

Can I file a claim with TurboTax for filing the wrong form for me? Instead of filling the 1040NR form in 2015 and 2016, TurboTax filled 1040 for me instead. Now I need to file for an amendment, which will cost $1200.

Sure you can. Pretty much any one can sue for anything. You have a snowballs chance in hell of winning though. Go back and read the disclaimer-terms of use that you just accepted without reading on installing it.You’ll notice that they bear NO responsibility for incorrect taxes.Besides it was your failure to pick the correct product. Turbo tax does not and has NEVER produced a 1040NR product.As my old Computer Science professors used to say. GIGO - Garbage In Garbage Out.

In the US, which is the best state to file articles of incorporation for a 501(c)3, and why?

The best state is the state you will operate your 501c3 from. Otherwise, if you live in let's say, Florida but you register a 501c3 corporation in Georgia, you will need to file as a foreign entity in Florida to do business there.Cost wise, I found Arizona the most expensive, and not due to the filing fee. In AZ, you still need to publish your Articles in a newspaper (archaic I know), and to be 501c3, you need specific articles to be eligible. This makes running your Articles expensive, which for me would have cost over $300 for the publication alone. Not good for a small non-profit looking to get started.

Based on the Bill of Rights’ tenth amendment, is dealing with the power to form and regulate corporations considered a federal or a state right?

Let’s look at what the 10th amendment says:The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Now, let’s look at what it doesn’t say.Nothing in there about mutual exclusivity, is there? It isn’t an either or statement. So, now let’s look at what the Constitution says about corporations: Nothing. Not one word. In fact, the word itself isn’t mentioned. The only thing that comes close is that Congress has the power to regulate interstate commerce, and that is often done by corporations, but regulating the commerce is not the same as regulating the corporations themselves.So, since it isn’t delegated to the United States, and it isn’t prohibited to the States, either one can do it… but any federal regulation is always subject to the limitations imposed by the Constitution (e.g, enforcement can’t be ex post facto law,) and any State regulation is subject to the limits imposed by the State’s constitution.

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Articles of Incorporation Florida Sample 2015-2025 Form

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Key elements of the articles of incorporation in Florida

When drafting articles of incorporation in Florida, it is essential to include specific elements to ensure legal compliance and clarity. The primary components typically include:

Name of the corporation: This must be unique and distinguishable from other registered entities in Florida.
Principal office address: A physical address where the corporation's main office is located.
Registered agent: The individual or business entity designated to receive legal documents on behalf of the corporation.
Purpose of the corporation: A brief statement outlining the business activities the corporation intends to engage in.
Number of shares: The total number of shares the corporation is authorized to issue, along with the par value, if any.
Incorporators' names and addresses: The individuals responsible for filing the articles of incorporation.

Steps to complete the articles of incorporation in Florida

Filing articles of incorporation in Florida involves several steps to ensure proper submission and compliance with state regulations. The process generally includes:

Gather necessary information: Collect all required details, including the corporation's name, address, and purpose.
Prepare the articles: Use a template or draft the articles of incorporation, ensuring all key elements are included.
Review for accuracy: Double-check all information for completeness and correctness to avoid delays.
File with the state: Submit the articles of incorporation to the Florida Division of Corporations, either online or by mail.
Pay the filing fee: Include the required fee, which can vary depending on the type of corporation being formed.
Receive confirmation: After processing, obtain a copy of the filed articles, which serves as proof of incorporation.

Legal use of the articles of incorporation in Florida

The articles of incorporation serve as a foundational legal document for a corporation in Florida. They establish the entity's existence and outline its structure and purpose. This document is essential for:

Establishing limited liability for shareholders, protecting personal assets from business debts.
Facilitating the opening of bank accounts and securing financing.
Complying with state regulations and maintaining good standing with the Florida Division of Corporations.

Required documents for filing articles of incorporation in Florida

To file articles of incorporation in Florida, several documents and pieces of information must be prepared. These typically include:

Completed articles of incorporation form.
Payment for the filing fee, which varies based on the corporation type.
Consent from the registered agent, if applicable.
Any additional documents required for specific types of corporations, such as nonprofit status.

Examples of using the articles of incorporation in Florida

Articles of incorporation can be utilized in various scenarios, including:

Forming a new business entity, such as a corporation or nonprofit organization.
Amending existing articles to reflect changes in business structure, such as increasing the number of shares.
Establishing a legal framework for operations, helping to clarify roles and responsibilities within the corporation.

Filing deadlines and important dates for articles of incorporation in Florida

While there are no specific deadlines for filing articles of incorporation in Florida, it is advisable to submit them promptly to avoid complications. Important considerations include:

Starting business operations as soon as possible after incorporation to ensure legal protections are in place.
Filing amendments timely if changes occur in the corporation’s structure or purpose.
Maintaining compliance with annual reporting requirements to keep the corporation in good standing.

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Articles of Incorporation Florida Sample 2015-2025 Form

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Key elements of the articles of incorporation in Florida

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Examples of using the articles of incorporation in Florida

Filing deadlines and important dates for articles of incorporation in Florida

Quick guide on how to complete articles of amendment form

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Required documents for filing articles of incorporation in Florida

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Quick guide on how to complete articles of amendment form

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