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:
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.