One of the questions the experienced corporate attorneys at San Diego Corporate Law are often asked is how long takes to form a California Professional Corporation. The answer is a bit complicated because the timeline for forming a California Professional Corporation can vary depending on several factors. This article will discuss the factors determining how long it takes to form a California Professional Corporation and provide a general overview of the process of forming a California Professional Corporation.

Executive Summary: Putting the Conclusion First for Busy Professionals

For professionals with demanding schedules, understanding the most important factors and steps to consider for swift and efficient setup of a California Professional Corporation is essential to planning the formation of a California Professional Corporation for their practice.

Typical Timeline for Forming a California Professional Corporation

On average, forming a California Professional Corporation can take anywhere from 4 to 8 weeks by First Class Mail, however, this time may often be reduced by utilizing the online filing options provided by the California Secretary of State. The biggest negative to the use of the online options from the California Secretary of State is the requirement that filings be made on the standard forms provided by the California Secretary of State; attorney-drafted documents cannot be filed online in California.

Expedited Filing Options for Forming a California Professional Corporation

To avoid filing delays, many professionals use the Class C Expedited filing option when filing Articles of Incorporation to have the Articles of Incorporation for their California Professional Corporation processed in preference to First Class Mail and standard online filings, which usually means processing is completed by the California Secretary of State in 24 hours (next business day).

Form Your California Professional Corporation Today with San Diego Corporate Law

Take the first step toward forming your California Professional Corporation with confidence. Contact the experienced attorneys at San Diego Corporate Law to schedule your consultation today and ensure your incorporation process is seamless and efficient.

What Is a California Professional Corporation?

A California Professional Corporation is a business entity formed to provide professional services in regulated fields, such as law, medicine, accounting, architecture, or engineering. Unlike general corporations, professional corporations are specifically designed to enable licensed professionals to operate their practices while complying with the ethical and legal standards of their respective industries. A California Professional Corporation offers many of the same benefits as a California Corporation (professional services corporation, or when electing S Corporation status, a California S-Corp) including limited liability protection and separating personal and corporate assets for its owners along with certain tax advantages.

What are the Steps for Forming a California Professional Corporation?

Forming a California Professional Corporation requires careful planning and adherence to state-specific regulations. This process ensures that your business is legally compliant and structured to meet the professional standards set by your industry. A rough outline of the key steps involved in forming a California Professional Corporation is:

Step 1: Determine Which Professional Corporation to Form

The first step involves determining which California Professional Corporation to form based upon the the California professional licenses held by prospective shareholders and whether these licensed professionals qualify to be shareholders of a given type of California Professional Corporation.

A non-exclusive example of which California licensed professionals have California Professional Corporations, and which California licensed professionals and other licensed professionals may be shareholders, officers, and members of the board of directors of those California Professional Corporations may be found in California Corporations Code Section 13401.5 as follows:

(a) Medical corporation.

(1) Licensed doctors of podiatric medicine.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed physician assistants.

(8) Licensed chiropractors.

(9) Licensed acupuncturists.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed physical therapists.

(13) Licensed pharmacists.

(14) Licensed midwives.

(15) Licensed occupational therapists.

(b) Podiatric medical corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed physical therapists.

(c) Psychological corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Registered nurses.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed chiropractors.

(8) Licensed acupuncturists.

(9) Naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed midwives.

(d) Speech-language pathology corporation.

(1) Licensed audiologists.

(e) Audiology corporation.

(1) Licensed speech-language pathologists.

(f) Nursing corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Licensed optometrists.

(5) Licensed marriage and family therapists.

(6) Licensed clinical social workers.

(7) Licensed physician assistants.

(8) Licensed chiropractors.

(9) Licensed acupuncturists.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed midwives.

(g) Marriage and family therapist corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed clinical social workers.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed professional clinical counselors.

(9) Licensed midwives.

(h) Licensed clinical social worker corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed marriage and family therapists.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(8) Licensed professional clinical counselors.

(i) Physician assistants corporation.

(1) Licensed physicians and surgeons.

(2) Registered nurses.

(3) Licensed acupuncturists.

(4) Naturopathic doctors.

(5) Licensed midwives.

(j) Optometric corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Naturopathic doctors.

(k) Chiropractic corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed optometrists.

(6) Licensed marriage and family therapists.

(7) Licensed clinical social workers.

(8) Licensed acupuncturists.

(9) Naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed midwives.

(l) Acupuncture corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed psychologists.

(4) Registered nurses.

(5) Licensed optometrists.

(6) Licensed marriage and family therapists.

(7) Licensed clinical social workers.

(8) Licensed physician assistants.

(9) Licensed chiropractors.

(10) Naturopathic doctors.

(11) Licensed professional clinical counselors.

(12) Licensed midwives.

(m) Naturopathic doctor corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed physician assistants.

(5) Licensed chiropractors.

(6) Licensed acupuncturists.

(7) Licensed physical therapists.

(8) Licensed doctors of podiatric medicine.

(9) Licensed marriage and family therapists.

(10) Licensed clinical social workers.

(11) Licensed optometrists.

(12) Licensed professional clinical counselors.

(13) Licensed midwives.

(n) Dental corporation.

(1) Licensed physicians and surgeons.

(2) Dental assistants.

(3) Registered dental assistants.

(4) Registered dental assistants in extended functions.

(5) Registered dental hygienists.

(6) Registered dental hygienists in extended functions.

(7) Registered dental hygienists in alternative practice.

(o) Professional clinical counselor corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Licensed clinical social workers.

(4) Licensed marriage and family therapists.

(5) Registered nurses.

(6) Licensed chiropractors.

(7) Licensed acupuncturists.

(8) Naturopathic doctors.

(9) Licensed midwives.

(p) Physical therapy corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed acupuncturists.

(4) Naturopathic doctors.

(5) Licensed occupational therapists.

(6) Licensed speech-language therapists.

(7) Licensed audiologists.

(8) Registered nurses.

(9) Licensed psychologists.

(10) Licensed physician assistants.

(11) Licensed midwives.

(q) Registered dental hygienist in alternative practice corporation.

(1) Registered dental assistants.

(2) Licensed dentists.

(3) Registered dental hygienists.

(4) Registered dental hygienists in extended functions.

(r) Licensed midwifery corporation.

(1) Licensed physicians and surgeons.

(2) Licensed psychologists.

(3) Registered nurses.

(4) Licensed marriage and family therapists.

(5) Licensed clinical social workers.

(6) Licensed physician assistants.

(7) Licensed chiropractors.

(8) Licensed acupuncturists.

(9) Licensed naturopathic doctors.

(10) Licensed professional clinical counselors.

(11) Licensed physical therapists.

(s) Occupational therapy corporation.

(1) Licensed physicians and surgeons.

(2) Licensed doctors of podiatric medicine.

(3) Licensed acupuncturists.

(4) Naturopathic doctors.

(5) Licensed physical therapists.

(6) Licensed speech-language therapists.

(7) Licensed audiologists.

(8) Registered nurses.

(9) Licensed psychologists.

(10) Licensed physician assistants.

(11) Licensed midwives.

(12) Licensed clinical social workers.

(13) Licensed marriage and family therapists.

(14) Licensed occupational therapy assistants.

The experienced corporate attorneys at San Diego Corporate Law may help determine which California Professional Corporation is the appropriate choice for a client under California law as a part of the incorporation process. For more information, see “Who May Be a Shareholder of a California Professional Corporation?” for a more detailed discussion of who may be a shareholder, officer, and member of the board of Directors of a California Professional Corporation.

Step 2: Choose a Corporate Name and Verify Availability

Choosing a name for a California Professional Corporation is more than a branding exercise—it must comply with California legal standards. Many California Professional Corporations have particular name requirements established under the California Business and Professions Code. The name of a California Professional Corporation must comply with the California Business and Professionals Code to satisfy California law and comply with the rules and regulations of the governing board for the sake of corporate compliance, and the California Secretary of State will reject Articles of Incorporation filed for a California Professional Corporation that do not comply with California laws and regulations.

As a part of the incorporation process, the experienced corporate attorneys at San Diego Corporate Law may on the name requirements for the particular California Professional Corporation to help ensure the name complies with the California Business and Professions Code, the rules and regulations of the governing board for the profession, and to reduce the risk that the California Secretary of State rejects filed Articles of Incorporation for failure to comply with name requirements.

Step 3: Draft and File Articles of Incorporation

The filing of Articles of Incorporation is the step that brings a California Professional Corporation into existence. Articles of Incorporation for a California Professional Corporation must include certain information specific to the profession to be practiced, which varies from profession to profession. Once the Articles of Incorporation filed with the California Secretary of State are approved by the California Secretary of State, the California Professional Corporation is officially formed

For more information about Articles of Incorporation for a California Professional Corporation, what mandatory information must be included in those Articles of Incorporation and what optional information should be included in the Articles of Incorporation for a California Professional Corporation, see “What is Missing from Your California Articles of Incorporation?” for details.

Step 4: Draft Corporate Bylaws and Other Legal Documents

Corporate bylaws are a critical component of every California Professional Corporation. Corporate bylaws are the rules and procedures for managing the corporation, including key aspects such as decision-making processes, roles and responsibilities of directors and officers, shareholder rights, and meeting requirements. By drafting comprehensive and legally compliant bylaws, a California Professional Corporation ensures clarity and consistency in its operations.

Beyond corporate bylaws, other essential legal documents include meeting minutes or consents of shareholders, meeting minutes or consents of the board of directors, California Statements of Information, shareholder agreements, obtaining an EIN from the Internal Revenue Service, optionally applying for treatment as an S-Corp, drafting and filing California securities exemptions, and filing an initial and updated FinCEN Beneficial Ownership Information Report. These documents not only protect the California Professional Corporation by addressing potential legal and operational risks but also help maintain compliance with California laws and regulations for California Professional Corporations.

Consulting experienced legal professionals is strongly recommended to ensure these documents are tailored to the specific needs of the California Professional Corporation and align with California law. See “California Corporation Bylaws” for more information about corporate bylaws for California Professional Corporations.

Conclusions About Forming a California Professional Corporation

Establishing a California Professional Corporation requires careful attention to detail and adherence to state regulations. From drafting and filing the Articles of Incorporation to preparing corporate bylaws, each step must be executed properly to ensure compliance. Consulting with experienced legal professionals is crucial to navigating these complexities and protecting the interests of a professional practice. For more information about the process of forming a California Professional Corporation, see “The 7 Steps for Forming a California Professional Corporation” and “Four Things to Know About Starting Your California Professional Corporation” for details.

Factors That Can Affect Formation Timelines

Several variables influence how quickly the formation of a California Professional Corporation can be completed, including the following important factors:

1. California Secretary of State Processing Times – The Secretary of State’s processing times and the responsiveness of licensing boards significantly affect the overall timeline.
2. Expedited Filing Options – Paying for expedited processing can shorten the time required for certain filings.
3. Professional Assistance – Engaging attorneys, accountants, or business formation services can streamline the process but may add time for consultation and review.

In the sections below, each of these most important factors will be discussed.

California Secretary of State Processing Times

Understanding the processing times for filings with the California Secretary of State is crucial for businesses and individuals looking to plan their operations effectively. The processing time can vary depending on the method of submission and time of year, both of which may influence turnaround times for the processing of Articles of Incorporation for a California Professional Corporation.

Standard Processing Times Via First Class Mail

The standard processing time for most filings made via First Class Mail with the California Secretary of State range from four weeks at less busy times of year and six to eight or more weeks during the busiest filing seasons. The variability in processing times is dependent upon the volume of submissions received by the Secretary of State as well as delays between the date on which Articles of Incorporation for a California Professional Corporation are actually processed versus when they are returned.

If filing by First Class Mail, it is essential to allow ample time for standard processing and try to be patient, as the California Secretary of State processes a massive volume of corporate filings on a daily basis!

Online Submissions vs. Mail Filings

The method of submission significantly impacts processing times. Filings submitted online are generally processed faster than those sent by First Class Mail. Online submissions leverage streamlined digital systems, often reducing delays caused by manual reviews. Mail filings, on the other hand, may take longer due to delivery times and manual handling of physical documents.

The downside to using the online filing service provided by the California Secretary of State is that the filing of Articles of Incorporation for a California Professional Corporation online is limited to the use of California Secretary of State Form ARTS-PC. Attorney-drafted Articles of Incorporation can no longer be filed online (although this used to be possible, the functionality was removed from the online filing system of the California Secretary of State a few years prior to the date of this writing).

Planning Ahead

Proactively planning for filing needs with the California Secretary of State ensures a smoother, less stressful process. Understanding standard processing times while accounting for other potential delays will help manage expectations and deadlines effectively. Preparing in advance is key to avoiding unnecessary business disruptions or delays when filing Articles of Incorporation with the California Secretary of State via First Class Mail or the online filing service.

Expedited Filing Options for Forming California Professional Corporations

While the standard filing processes via First Class Mail and the online filing service provided by the California Secretary of State can be time-consuming, expedited filing options are available to meet urgent business needs. These services enable professionals to incorporate a California Professional Corporation faster, ensuring these professionals can focus on building their practice without unnecessary delays.

What Are Expedited Filing Options?

The most common expedite option for filing Articles of Incorporation to form a California Professional Corporation is the Class C Expedite. The Class C Expedited filing service offers prioritized processing of Articles of Incorporation so Articles of Incorporation to receive quicker review and approval compared to standard timelines. The California Secretary of State Class C Expedite almost always returns filed Articles of Incorporation for a California Professional Corporation in 24 hours (next business day). This accelerated option ensures an incorporating practice can become a California Professional Corporation on a tight deadlines for critical launch dates.

When to Use Expedited Filing

Expedited filing is ideal for professionals with tight schedules, looming deadlines, or complex timelines requiring swift incorporation of their California Professional Corporation. Class C Expedited filings are also excellent for professionals who simply do not want to wait weeks for their California Professional Corporation to be formed. A professional does not need a reason to take advantage of the fast processing provided by a Class C Expedited filing; they must only be willing to pay the additional fees and expenses for the service.

How to Request Expedited Service

Schedule a consultation with the experienced corporate attorneys at San Diego Corporate Law, and request a quote for the formation of a California Professional Corporation formed via Class C Expedited 24 hour filing service!

Professional Assistance for Forming a California Professional Corporation

Forming a California Professional Corporation requires a strong understanding of legal requirements, deadlines, and proper documentation. For licensed professionals, navigating this process can quickly become overwhelming, leaving room for delays or costly errors. Engaging an experienced corporate attorney can streamline the process, ensuring a California Professional Corporation is formed in the shortest time possible.

Expertise in Strict California Legal Requirements

California has specific laws governing California Professional Corporations, including compliance with the California Corporations Code and governing board regulations. Experienced corporate attorneys knowledgeable in the intricacies of California Professional Corporations are well-versed in these intricate requirements, from drafting the Articles of Incorporation to structuring the corporate bylaws appropriately. With professional guidance, professionals can avoid critical mistakes, such as failing to meet shareholder licensing prerequisites or filing for the wrong type of corporation, which could filing rejections or delayed approval.

Accelerated Filing and Document Preparation

Efficiency in filing is key to minimizing the time it takes to form a California Professional Corporation. An experienced corporate attorney focused on California Professional Corporations will help ensure all documents are drafted accurately and submitted promptly and properly, preventing rejection from the Secretary of State due to avoidable errors. In addition, a corporate attorney can assist with expedited filing options, enabling quicker processing for time-sensitive cases.

Tailored Advice for Your Professional Practice

Every California Professional Corporation is unique, depending on the profession practiced. An experienced attorney can provide customized, profession-specific recommendations including liability protection, tax considerations, and compliance California laws and regulations. This expertise ensures the California Professional Corporation is structured optimally for the long-term success of the practice.

Overcoming Challenges Efficiently

Challenges, such as unexpected filing rejections and other legal barriers are common during the incorporation process for California Professional Corporations. The ability of experienced attorneys to foresee and mitigate such filing risks ensures a smoother, faster path to establishing a California Professional Corporation, however issues do arise. A competent corporate attorney can efficiently address these issues, reducing potential disruptions to the incorporation timeline when they do unavoidably arise.

Investing in Confidence and Success

While working with an experienced corporate attorney involves an upfront cost, the investment pays off in both time and peace of mind. By entrusting the formation process to a seasoned professional, professionals can focus on starting and growing their practices, confident that their business is built on a solid legal foundation. Their expertise and attention to detail help ensure the California Professional Corporation is formed swiftly and correctly.

For a seamless and timely incorporation experience, engaging a qualified corporate attorney is the most reliable choice. With professional assistance, professionals can avoid costly missteps, meet their deadlines, and start operating their practice with confidence.