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26 • 2009

What is an incorporator and what is his or her role in the formation process?

An incorporator is the individual who organizes the incorporation and arranges for the Articles of Incorporation to be filed with the Secretary of State. The incorporator signs the Articles, verifying the information submitted is true and correct. Oftentimes, the incorporator  is not a shareholder, director or officer of the corporation. Most frequently, the incorporator is the lawyer who is handling the formation of the corporation.  Following the first meeting of the Board of Directors and officers, the incorporator resigns from its role. Accordingly, the incorporator’s signature appears on the corporation’s organizational documents.