An Administrator's Guide to California Private School Law Compendium
C HAPTER 2 – G OVERNANCE D OCUMENT 2.A
C HECKLIST O F B ASIC S TEPS T O F ORMING A N EW P RIVATE S CHOOL Determine what corporate form the school will take: Public Benefit or Religious Nonprofit Corporation. Prepare Articles of Incorporation: Select a name for the corporation. Broadly state the purpose of the corporation (for Public Benefit Corporations only). Specify the type of nonprofit corporation (Nonprofit Public Benefit or Nonprofit Religious Corporation). Identify the initial agent for service of process. If the initial agent is a natural person, identify the agent’s California business or residence address. Include mandatory statement that assets of the corporation are irrevocably dedicated to religious, charitable or educational purposes. OPTIONAL (may instead be included in Bylaws): Identify the name and addresses of the corporation’s initial directors. OPTIONAL (may instead be included in Bylaws): Specify the classes of members, if any, or specify that the corporation’s trustees/directors will be deemed to have all the rights and privileges normally given to members. OPTIONAL (may instead be included in Bylaws): Specify any restrictions on amending the Articles of Incorporation or Bylaws. File Articles of Incorporation with the California Secretary of State. Prepare Bylaws: Specify the number of directors of the corporation, unless already stated in the Articles. This may be stated as a range with a minimum and maximum number of directors. Specify the time, place and manner of calling, conducting and giving notice of meetings for members, directors and committees. Specify the qualifications, duties, powers and compensation (if any) of the directors. Specify the method, time for election and term length for directors. Specify the classes of members, if any (if not already included in the Articles).
An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 9
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