Whether large or small, a company needs to comply with specific essential requirements before its formation until it gets dissolved. A few of such requirements and duties are the following:
A company needs to hold annual general meetings and shareholders meetings and record the minutes of these meetings.
A company needs to abide by the laws and procedures, such as employment laws, tax laws, trademarks acts, customer policies and protection, environmental laws, etc.
A company must procure all the essential permits, licenses and certifications required to form and operate their business ad per federal, state, and local laws, such as health department permit, land use permit, sales tax license, etc.
A company should form a valid legal contract with other parties involved to avoid and dispute any further future.
A small company needs to issue shareholders stock and issue membership shares responsibly.
Maintaining the books of records and proper accounting system must be followed by a small company.
Exemption for Small Companies
A small company will be exempted from the outside audits of its internal controls and prevented from accounting errors and fraud. A company will be called a small reporting company if it has no revenue or annual revenue of $100 million in the most recent fiscal year.
A smaller company can register for SCOR- Small Corporate Offering Registration to raise capital by issuing shares. The SCOR provides an exemption to small companies from the usual registration process per the Federal Securities Law for companies offering and selling up to $5 million of their securities in 12 months.
A SCOR is referred to under SEC rule, namely, â€˜Rule 504 of Regulation Dâ€™, which is an over the counter sale of securities meaning the trade takes place directly with the brokers and dealers either online or via phone instead of being traded on an exchange.
Requirements for Qualifying for SCOR
To file a SCOR, the companies require to comply with the Regulation 504 of the SEC and filing of the form D. The filing of the form must be within 15 days after the sale of the securities offered.
The following are specific essential requirements for qualifying for the SCOR:
Financial Statements: The filing company needs to attach the financial statement of the last fiscal year, which shall be prepared as per the generally accepted accounting principles (GAAP).
Details of Offering: Under the SCOR, an offering may be registered for the standard or preferred stock and options, warrants, rights and membership interest in LLC.
Type of the Company: Not all companies can benefit from SCOR, such as partnerships, mining and extraction companies, blind pools, holding or portfolio companies, equipment leasing or real estate companies, production companies, etc.
Other than the above requirements, an individual state may have its own rules and guidelines regarding SCOR program filing requirements, and a company needs to comply with the same.
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