The Incorporator is the person who forms the corporation, but is not necessarily one of the directors, officers, or shareholders of the new Corporation.
The Incorporator has only two jobs:
1. To create the Corporation by filing Articles of Incorporation with the state agency that handles new corporate formations; &
2. To pass authority to the Initial Director(s) of the corporation. This done either by stating the initial director(s) name(s) (and sometimes address(s)), or by formal election or appointment of one or more initial directors outside of the Corporation’s filing with the state.
After completing these two tasks, the Incorporator has no further legal authority in the Corporation, whatsoever.
As part of our SmallBiZ Filing Service, we will often act as the Incorporator to expedite the processing of the filing with the state (especially for paper filings), unless the state does not require a physical signature, in which case, we will designate the requested Director(s) in the order as Incorporator(s).
For more information on this, go to smallbiz.com/services/smallbiz-filing-service