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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The definition of 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?
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. 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.
The company may hire an incorporator just for the purpose of incorporating the entity. This could be an attorney or a financial professional, and in some cases, it can even be us!
If you’re just starting your corporation, consider using our Business Formation Services. We can help you simplify the process and get you off to a great start.
What is 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. We’re happy to help in the LLC formation process.
Does your business need an incorporator?
There are two reasons that a company needs an incorporator. The first reason is to have someone with authority sign formation documents. The second reason is to ensure that your corporation can legally conduct business in the state.
You don’t have to hire someone specifically for the job of the incorporator. If you have a small business, you can often act as your own incorporator. Professional incorporator benefits include the peace of mind that comes with having a professional file your legal documents. Professional incorporator disadvantages may include the cost associated with hiring someone, which varies depending on their qualifications and duties.
Summary: Incorporator Meaning
Incorporator definition: An incorporator is someone who signs the Articles of Incorporation or equivalent legal documentation to formally register a business.
How we can help
In some cases, we can serve as your incorporator, which is especially great if we’ve been the ones to help guide you through the corporation business formation process. We’re here to help with all aspects of starting a business. We have tools and services to help you find a Registered Agent, determine what Business Licenses are needed, file Annual Reports, and more.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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