A promoter is a person who starts up a business, particularly a corporation, including the financing. The formation of a corporation starts with an idea. Preincorporation activities transform this idea into an actual corporation. The individual who carries on these preincorporation activities is called a promoter. Usually the promoter is the main shareholder or one of the management team and receives stock for his/her efforts in organization. Most states limit the amount of "promotional stock" since it is supported only by effort and not by assets or cash. If preincorporation contracts are executed by the promoter in his/her own name and there is no further action, the promoter is personally liable on them, and the corporation is not.
Under the Federal Securities Act of 1933, a pre-organization certificate or subscription is included in the definition of a security. Therefore, a contract to issue securities in the future is itself a contract for the sale of securities. In order to secure an exemption, all stock subscription agreements involving intrastate offerings should contain representations by the purchasers that they are bona fide residents of the state of which the issuer is a resident and that they are purchasing the securities for their own account and not with the view to reselling them to nonresidents. A stock transfer restriction running for a period of at least one year or for nine months after the last sale of the issue by the issuer is customarily included to insure that securities have not only been initially sold to residents, but have "come to rest" in the hands of residents.
The Alameda California Preincorporation Agreement between Incorporates and Promoters is a legal document that outlines the terms and conditions agreed upon by individuals involved in the process of forming a corporation in the city of Alameda, California. This agreement serves as a binding contract and lays the groundwork for the future incorporation of the company. Incorporates and Promoters, who are typically interested parties invested in the formation and success of the corporation, sign the agreement to establish clarity and transparency regarding various aspects of the corporate formation process. The document may include details regarding the role and responsibilities of each party, the nature of their involvement, and the allocation of rights and ownership in the future company. The Alameda California Preincorporation Agreement between Incorporates and Promoters is aimed at ensuring that all parties involved are on the same page before officially incorporating the company. It allows for better coordination, efficient decision-making, and ultimately promotes a smooth transition into the corporate entity. Different types of Alameda California Preincorporation Agreements between Incorporates and Promoters may exist, depending on the specific requirements and circumstances of the corporate formation. Some variations may include: 1. Basic Preincorporation Agreement: This type of agreement outlines the fundamental terms and conditions, such as the purpose of the corporation, the initial share structure, and the initial board of directors. 2. Complex Preincorporation Agreement: In cases where the corporate formation involves complex arrangements, such as multiple classes of shares, intricate ownership structures, or specific bylaws, a more detailed agreement may be required to address these additional complexities. 3. Financial Preincorporation Agreement: If the incorporation process involves substantial financial investments or the contribution of specific assets, a financial preincorporation agreement may be necessary. This agreement would outline the financial commitments of each party and any associated terms, such as revenue sharing or profit distribution. Overall, the Alameda California Preincorporation Agreement between Incorporates and Promoters is a critical legal document that helps establish a solid foundation for the successful incorporation of a company in Alameda, California. It ensures that all parties involved are aligned in regard to their roles, responsibilities, and the structure of the future corporation.The Alameda California Preincorporation Agreement between Incorporates and Promoters is a legal document that outlines the terms and conditions agreed upon by individuals involved in the process of forming a corporation in the city of Alameda, California. This agreement serves as a binding contract and lays the groundwork for the future incorporation of the company. Incorporates and Promoters, who are typically interested parties invested in the formation and success of the corporation, sign the agreement to establish clarity and transparency regarding various aspects of the corporate formation process. The document may include details regarding the role and responsibilities of each party, the nature of their involvement, and the allocation of rights and ownership in the future company. The Alameda California Preincorporation Agreement between Incorporates and Promoters is aimed at ensuring that all parties involved are on the same page before officially incorporating the company. It allows for better coordination, efficient decision-making, and ultimately promotes a smooth transition into the corporate entity. Different types of Alameda California Preincorporation Agreements between Incorporates and Promoters may exist, depending on the specific requirements and circumstances of the corporate formation. Some variations may include: 1. Basic Preincorporation Agreement: This type of agreement outlines the fundamental terms and conditions, such as the purpose of the corporation, the initial share structure, and the initial board of directors. 2. Complex Preincorporation Agreement: In cases where the corporate formation involves complex arrangements, such as multiple classes of shares, intricate ownership structures, or specific bylaws, a more detailed agreement may be required to address these additional complexities. 3. Financial Preincorporation Agreement: If the incorporation process involves substantial financial investments or the contribution of specific assets, a financial preincorporation agreement may be necessary. This agreement would outline the financial commitments of each party and any associated terms, such as revenue sharing or profit distribution. Overall, the Alameda California Preincorporation Agreement between Incorporates and Promoters is a critical legal document that helps establish a solid foundation for the successful incorporation of a company in Alameda, California. It ensures that all parties involved are aligned in regard to their roles, responsibilities, and the structure of the future corporation.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
