Who is incorporator

The person can be the owner or director of the corporation. An incorporator can be anybody qualified to file paperwork on behalf of the corporation. Individuals, attorneys, accountants, third parties, trusts, partnerships, and associations can all be incorporators. If you need more information about who is an incorporator, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

Who Is Incorporator in Articles of Incorporation When you are starting a business, it's important to understand the purpose of incorporation, the role of incorporators, and the best way to form a corporation. What Is the Purpose of Incorporation? What Is Articles of Incorporation?

Is a Registered Agent Required? All states require an in-state registered agent when you want to file for a corporation. How Is a Corporation Formed? What Is the Purpose of the Articles of Incorporation?

The basic information which should be in the Articles include: The name and business address of the corporation. The number of authorized shares and the face value of the shares, where applicable. The incorporator can elect him or herself to the initial board of directors. The incorporator typically executes a document called an Action of Incorporator also called an [Initial] Action by [the] [Sole] Incorporator , in which the incorporator adopts bylaws for the corporation, sets the size of the board of directors, and elects the initial board of directors.

The role of the incorporator ends there. It usually doesn't matter who the incorporator is, primarily because the corporation has no assets at the time of incorporation. If the incorporator elects an initial board of directors that his or her co-founders disagree with, they can simply incorporate a new corporation on their own. The incorporator dates and signs the Action of Incorporator form and presents it together with the articles of incorporation of the business.

The corporation is formed once all necessary paperwork is submitted and approved. The incorporator then calls the first stakeholder meeting, in which corporation bylaws are adopted and a Board of Directors is elected.

Incorporator roles and responsibilities cease to exist once the business becomes a corporation. The number of incorporators, their age and qualifications are state-specified. This provision was later amended to a minimum of one incorporator, without mentioning age. However, most states require incorporators to be at least 18 years of age, without specifying residency requirements.

In every state, organizers and incorporators must review articles of organization or incorporation and provide both their signature and address. Occasionally, however, states may also require incorporators or organizers to submit their phone number. Additional information about incorporation or LLC organization can be found in most states' statutes. This information may also be available through the Secretary of State.

Because procedures can vary so significantly between states, it is worth your while to examine state statutes, or better yet, work with a formation company familiar with local requirements. As you select an incorporator or organizer, keep in mind that this person plays an important and time-sensitive role in business formation. Your incorporator may determine whether your corporation is successfully registered in your state.

He or she serves as your final defense against rejected articles of incorporation. After you have drafted your corporation's articles of incorporation or LLC's articles of organization, your selected incorporator may find instances in which the legal document does not conform to state requirements. The incorporator can quickly alert you to these issues, giving you a chance to change the document before it is rejected.

Another key consideration to keep in mind as you select your company's incorporator or organizer is that, while it is technically possible to select any individual aged 18 or older, this approach can prove disastrous. It is nearly always better to work with an outside party—ideally a formation company. This outside expert can patiently guide you through multiple elements of the business formation process while ensuring that your business is fully compliant with local statutes.

The Role of an Incorporator or Organizer in Business Formation You have developed a genius idea, drafted a mission for your company, and are ready to take the next step in the business formation process.

Table of Contents What Is an Incorporator? Who Is Allowed to Serve as Incorporator? What Is an Action of Incorporator? What Is a Promoter? What Is an Organizer? When Is One Necessary? Who Can Serve as Organizer? Why Are Organizers and Incorporators Important?

The purpose of this gathering could be to: amend the articles of incorporation followed by an official notice to the state, especially if the registered agent changes ; draft and adopt bylaws; or elect members to the board of directors.