WHO IS THE INCORPORATOR?

The incorporator is the person who creates the corporate existence by signing and filing the articles of incorporation. The incorporator may be one of the shareholders, directors, or officers of the corporation, or any other person. Only one (1) incorporator is needed.


WHAT DOES THE INCORPORATOR DO?

After signing and filing the articles of incorporation, ordering a corporate kit, and preparing a set of bylaws, the incorporator must do the following two things:

  1. Adopt the bylaws, and
  2. Elect the initial directors of the corporation.

In order to do these two tasks, the incorporator must prepare and sign a document called "action by incorporator." You can quickly and easily prepare this document using the Intelligent Questionnaire for Action by Incorporator.



HOW DO I KNOW HOW MANY DIRECTORS THE CORPORATION WILL INITIALLY HAVE?
This information is found in the corporation's bylaws. After entering the correct number of directors, you must enter the requested information for each director so that the incorporator can complete the election of the corporation's initial directors.


THINGS TO CONSIDER
If the directors of the corporation have been named in the Articles of Incorporation, the form Action by Incorporator is not required. Also, in this case, the corporation is not required to adopt bylaws. If the corporation does adopt bylaws, the board of directors will adopt the bylaws.


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