Role Of The Incorporator

The Incorporator is the individual(s) who take responsibility for filing the Articles of Incorporation with the Secretary of States and officially commencing the corporate existence. The Incorporator should assign any rights to the Corporation to the Directors or the owners of the Corporation as a corporate formality after the Corporation is formed of record.

It is not necessary for all shareholders or directors to act as incorporators. The incorporator can be any person. However, if the Directors are named in the Initial Articles of Incorporation, each Director must sign the Articles of Incorporation.

California Statutes read as follows:

200. (a) One or more natural persons, partnerships, associations or corporations, domestic or foreign, may form a corporation under this division by executing and filing articles of incorporation. (b) If initial directors are named in the articles, each director named in the articles shall sign and acknowledge the articles; if initial directors are not named in the articles, the articles shall be signed by one or more persons described in subdivision (a) who thereupon are the incorporators of the corporation. (c) The corporate existence begins upon the filing of the articles and continues perpetually, unless otherwise expressly provided by law or in the articles.

210. If initial directors have not been named in the articles, the incorporator or incorporators, until the directors are elected, may do whatever is necessary and proper to perfect the organization of the corporation, including the adoption and amendment of bylaws of the corporation and the election of directors and officers.

Our Free Incorporation E-Book provides for one person to act as incorporator and to sign the Articles of Incorporation. The Incorporator then assigns his or her rights to the Board of Directors of the Corporation with the documents contained in the Corporate Kit E-Book.

Our Corporate Kit E-Book forms provide for the assignment of the Incorporator's interest as a corporate formality following formation.

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