Understanding the Role of an Incorporator in Corporation Formation
Definition & meaning
An incorporator is an individual responsible for establishing a corporation. This person files the Articles of Incorporation with the appropriate state authority and handles any other necessary corporate documents until the corporation is officially registered. The incorporator may also select members for the board of directors and organize the initial board meeting. While an attorney can serve as an incorporator, it is not a requirement. The incorporator's name is included in the Articles of Incorporation, and they may be contacted by the state if further information is needed. Once the corporation is registered, the incorporator has no ongoing formal responsibilities.
Table of content
Everything you need for legal paperwork
Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents.
The role of an incorporator is primarily relevant in corporate law. This term is used during the formation of a corporation, which is a legal entity recognized by the state. Incorporators play a crucial role in ensuring that all necessary documents are filed correctly, which can include Articles of Incorporation and other corporate documents. Users can manage this process themselves using legal templates from US Legal Forms, but they may also choose to consult with an attorney for more complex situations.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A small business owner decides to form a corporation. They act as the incorporator, filing the necessary Articles of Incorporation and selecting their business partner as the first board member.
Example 2: A group of friends wants to start a nonprofit organization. One of them takes on the role of incorporator to file the Articles of Incorporation and organize the initial board meeting. (hypothetical example)
State-by-State Differences
Examples of state differences (not exhaustive):
State
Incorporator Requirements
California
Must be at least 18 years old and a resident of California.
New York
No residency requirement; can be an individual or entity.
Texas
Must provide a physical address for the registered agent.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Key Differences
Incorporator
Person responsible for filing incorporation documents.
Focuses on initial setup of a corporation.
Director
Member of the board overseeing corporate governance.
Involved in ongoing management, unlike the incorporator.
Registered Agent
Person or entity designated to receive legal documents.
Primarily serves as a contact point for legal matters.
Common Misunderstandings
What to Do If This Term Applies to You
If you need to act as an incorporator, start by gathering the necessary information for the Articles of Incorporation. You can use templates available through US Legal Forms to simplify the process. If you feel uncertain about any steps, consider consulting a legal professional to ensure compliance with state laws.
Quick Facts
Attribute
Details
Typical Fees
Varies by state; typically includes filing fees.
Jurisdiction
State-specific, based on incorporation location.
Possible Penalties
Failure to file correctly may result in delays or denial of incorporation.
Key Takeaways
FAQs
The primary role of an incorporator is to file the Articles of Incorporation and handle initial corporate documentation.
Yes, anyone can serve as an incorporator, though they must meet certain state requirements.
No, once the corporation is registered, the incorporator has no further formal duties.
No, hiring an attorney is not mandatory, but it can be helpful for complex situations.
Failure to file correctly may lead to delays or denial of the incorporation process.
