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Incorporator Definition

An incorporator is the person or entity responsible for initiating and overseeing the process of legally forming a corporation.

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Last Updated: December 22, 2025

An incorporator is an individual responsible for setting up a corporation and registering formal documents with the state where the company will be conducting business. 

What does an incorporator do?

incorporator defined

A business isn’t fully incorporated and doesn’t become a legal entity without an incorporator. This person is responsible for filing and signing a business’s Articles of Incorporation. 

Articles of Incorporation — sometimes referred to as a Certificate of Formation — are a set of documents or a single document that gets filed with the state’s governing body responsible for business registration. For the majority of states, this document is filed with the Secretary of State, but some states use other governing bodies for this service. 

The Articles of Incorporation include general information about the corporation, including business name, location, registered agent, shareholder information, and more.

Who can be an incorporator?

An incorporator doesn’t have to be a business owner (but they could be). Generally, an incorporator must be at least 18 years old. They can be a shareholder, member of the board of directors, or an officer, but this status isn’t required. However, this person should have the legal authority to act on behalf of the company. 

A new company might hire an incorporator just for the purpose of incorporating the entity. This could be an attorney or a financial professional. It’s even possible to use a formation service like ZenBusiness to fulfill the role of incorporator.

What’s the difference between an organizer and an incorporator?

An organizer performs essentially the same duties for a limited liability company (LLC) as an incorporator does for a corporation. The organizer is responsible for signing and filing the LLC documents of formation. In most states, these are called the Articles of Organization. 

The organizer may also sign the operating agreement. This isn’t a required document, but it’s important because it details how the LLC should run. ZenBusiness can help with the LLC formation process, too. 

Does every business need an incorporator?

In short, every business needs an incorporator because it requires someone with the authority to sign formation documents. The corporation also needs an incorporator to help ensure that it can legally conduct business in the state by registering.

A business owner doesn’t have to hire someone specifically for the job of the incorporator. Often, small business owners can act as their own incorporators. That said, using a professional incorporation service has the benefit of the peace of mind that comes with having a professional file the company’s legal documents.

That said, hiring a professional incorporation service has the primary disadvantage of added costs. These fees can vary depending on the qualifications and duties of the incorporator. 

Summary: Incorporator Meaning

An incorporator is someone who signs the Articles of Incorporation or equivalent legal documentation to formally register a business. 

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This is seperate from a Registered agent. To see more of the differences check out this resource: Registered Agent vs. Incorporator

How ZenBusiness Can Help

ZenBusiness specializes in helping entrepreneurs start and run their businesses, including corporations. The brand can help with forming a new corporation, maintaining a registered agent, filing an annual report, getting business licenses, and much more. In short, ZenBusiness handles the red tape so business owners can focus on growing their new companies. 

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.

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Written by ZenBusiness Editorial Team

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