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White Summers Caffee & James LLP Inna Efimchik

541 Jefferson Avenue, Suite 100
Redwood City, CA 94063

Forming a Business Entity

White Summers can advise on the right legal structure for your business. Entrepreneurs will most frequently face the choice between a corporation or a limited liability company (LLC), and between California and Delaware. For typical Silicon Valley technology startups, the choice is usually simple and they most frequently elect to be formed as a Delaware C corporation. For our thoughts about timing of, choice of entity, and jurisdiction of formation, read our Startup FAQs.

Once you are comfortable with the entity type and jurisdiction of formation, we will form, and properly organize it for you, based on your needs.

The following is a formation checklist. If you are forming a company with us, it is likely that we'll be working through a somewhat similar list with you:


  • Articles of Incorporation (CA) / Certificate of Incorporation (DE)
  • Action by Incorporator
  • Bylaws
  • Initial Board Resolutions / Minutes of Organizational Meeting of the Board of Directors
  • Founder Restricted Stock Purchase Agreements
  • Stock certificates
  • Stock Option / Equity Incentive Plans


  • Articles of Organization (CA) / Certificate of Organization (DE)
  • Operating Agreement
  • Initial Managers' Resolutions / Minutes of Organizational Meeting of Managers
  • Unit Purchase / Subscription Agreements


  • Capitalization Table (Cap Table)
  • Founder Revolving Promissory Note
  • Establish Agent for Service of Process
  • Federal Employer Tax ID (EIN) application
  • Qualification to do business in California
  • California Information Statement
  • Securities (blue sky) filings
  • Offer Letters / Consulting Agreements / Services Agreements / Severance Agreements
  • Vesting Agreements
  • Assignment of Intellectual Property
  • Advisory Board Agreements
  • Confidential / Proprietary Information and Invention Assignment Agreements
  • Non-Disclosure Agreements (NDAs)
  • Indemnification Agreements

If you are looking to form a company in the US, in Delaware or California, contact Inna Efimchik by phone at 650.298.6014 or by email at for a consultation.

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Copyright © 2015, Inna Efimchik. All rights reserved.

White Summers provides practical and cost-effective approaches to startup legal matters. From our Redwood City, California office, we serve individuals and businesses throughout the San Mateo, Santa Clara and San Francisco Counties, including Palo Alto, Menlo Park, Woodside, Atherton, Los Altos, Mountain View, Sunnyvale, Cupertino, Santa Clara, San Jose, Saratoga, Redwood City, Redwood Shores, Foster City, Burlingame, Brisbane, Daly City, and the City of San Francisco.

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The materials on this website have been prepared by Inna Efimchik, a California licensed attorney, for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship, nor does your use of any part of this website create of constitute and attorney-client privilege. No person or organization should act upon any information on this site without first seeking professional legal counsel.

White Summers cannot and does not represent you until our client intake process is completed. Further, we reserve the right to accept or decline representing any person or organization in any matter. Accordingly, please do not send us any confidential information about any matter until you receive a written statement from us advising you that we represent you (an "engagement letter"). When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. Again, do not send us unsolicited confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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