Action by Incorporator

When your startup decides to incorporate, someone must be designated to facilitate that process. An Action by Incorporator is the first document signed by such a person. It permits him or her (or often, it) to take these actions on behalf of your startup:

  • Approve startup’s Certificate of Incorporation;
  • Appoint initial director or directors;
  • Document the incorporator’s resignation.

The incorporator will often be one of your founders or a representative of its legal firm (though anyone may be chosen). His or her power to act for your startup lapses as soon as a director has been formally appointed. In other words, the incorporator retains authority only for as long as there are no directors, officers, or stockholders in place.

The Action by Incorporator should be dated on or before the Certificate of Incorporation is filed with the Delaware Secretary of State.


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Formation Documents for Delaware Corporation

Package Includes

  • Action by Incorporator
  • Board Approval of Organizational Matters
  • Bylaws
  • Certificate of Incorporation
  • Common Stock Certificate Exhibit (to Board Approval of Organizational Matters)
  • Consultant Proprietary Information and Inventions Agreement Exhibit
  • Employee Proprietary Information and Inventions Agreement Exhibit

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