Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
A physician who practices through a company in California generally needs a professional medical corporation, and California sets rules for who may own it and what it may be called. The Schenk Law Firm forms medical corporations, handles the S-corporation election, and keeps the corporation’s filings current.
Formation
We file the articles of incorporation, obtain the tax ID number, and file the first Statement of Information.
Organizational Documents
We prepare the organizer’s consent, bylaws, and organizational minutes that set up the corporation’s board, officers, and shares.
S-Corporation Elections
We prepare the S-corporation election and file it with the IRS after the physician signs it.
Annual Filings and Consents
We file the Statement of Information, update registered agent details, and prepare the annual director and shareholder consents.
Catching Up Missed Filings
If a corporation has fallen behind, we bring its state filings and corporate records current.
Staff Agreements
We draft employment agreements for the practice’s staff, covering pay, time off, and benefits.
Do I need a medical corporation, or can I use an LLC?
California doesn’t allow physicians to practice medicine through an LLC. A professional medical corporation is the usual choice for a physician practicing through a company.
Who can own shares?
Physicians must own the majority. Certain other licensed professionals may hold a minority, and people who aren’t licensed generally can’t own shares at all.
What can we name the corporation?
The name must meet the Medical Board’s rules, which often means including a physician’s name and a word like “medical corporation.” Other names may require a fictitious name permit from the Medical Board.
Should we elect S-corporation status?
Many physicians do, often to reduce self-employment tax. The election has deadlines, so it’s best to decide with your accountant when the corporation is formed.
We missed our Statement of Information.
Missed filings can lead to penalties and, eventually, suspension. The fix is usually quick once the current information is gathered.
Experience
David Lizerbram has practiced business law for more than two decades. Benjamin Schenk founded and runs a commercial real estate investment and asset management firm.
Formation and Upkeep
We form the corporation and stay on to handle its annual filings and consents.
Clear Fees
We form medical corporations on a quoted fee, so the physician knows the cost up front.
Case Study
A physician starting her own practice needed a California professional medical corporation. On a fixed fee, we filed the articles, got the tax ID number, filed the first Statement of Information, and prepared the organizer’s consent and organizational minutes, which she signed electronically. We also prepared her S-corporation election, which we filed with the IRS after she signed it.
Case Study
A physician-owned outpatient treatment company had fallen almost a year behind on its California annual filing. We filed its Statement of Information and prepared the annual director and shareholder consents, which the owner signed the same day.
Case Study
A physician’s professional corporation needed a written agreement for a part-time staff member. We drafted it to turn an hourly rate into a fixed monthly salary and to spell out sick days, vacation, and paid holidays, along with the benefits the employee chose to decline. The practice signed it the day after our final draft.
Client names and identifying details are withheld. Results depend on the facts of each matter, and past results don’t guarantee a similar outcome.
The Schenk Law Firm is based in North Park, San Diego. We form and maintain medical corporations for physicians throughout California.
Our full healthcare business practice.
Management companies and how they can be paid.
Structure, agreements, and transactions for medical practices.
Agreements physicians are asked to sign.
Entity Formation & Structuring
Choosing and forming the right company.
Bylaws, resolutions, and the records that keep a company in good standing.
We can form your medical corporation, set up its records, and handle the S-corporation election.
Contact us today to discuss forming your medical corporation.
Request a ConsultationOnce the name and ownership are settled, the state filing can usually be done quickly. The organizational documents follow right after.
It’s a filing with the California Secretary of State that lists the corporation’s officers, directors, address, and agent for service of process. It’s due when the corporation is formed and regularly after that.
Yes. Many small corporations hold them by written consent of the directors and shareholders, and keeping those consents current helps protect the corporation’s separate status.
Yes. A medical corporation can employ physicians and staff, and we can draft the employment agreements.