Under which law are corporations typically formed?

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Corporations are typically formed under state law. This is because each state has its own set of laws and regulations governing the formation, operation, and dissolution of corporations. When someone wishes to create a corporation, they must file specific documents, such as articles of incorporation, with the relevant state authority, usually the Secretary of State.

State law provides the framework for determining the rights and responsibilities of the corporation and its shareholders, including compliance requirements, taxation, and governance structures. The reason federal law does not apply to the general formation of corporations is that corporate law is primarily a matter of state jurisdiction. While certain federal regulations may apply to specific aspects of corporate operations, such as securities laws for public companies, the foundational aspects of corporate existence start at the state level.

Constitutional law does not pertain to the actual formation of a corporation but rather addresses the overarching legal framework of a nation and the rights of individuals. International law governs relationships between sovereign states and does not dictate how corporations are formed within a specific country.

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