A West Virginia PRE Incorporation Agreement is a legally binding document that outlines the terms and conditions agreed upon by individuals or entities who are in the early stages of forming a corporation in the state of West Virginia. This agreement serves as a contract between the potential shareholders and directors of the future corporation, laying out the rules and regulations that will govern the company's formation and operation. The primary purpose of a West Virginia PRE Incorporation Agreement is to establish the framework for the corporation before it is officially incorporated. It clarifies the roles and responsibilities of the shareholders, directors, officers, and other parties involved, ensuring a smooth transition and proper functioning of the company. Key provisions typically included in a West Virginia PRE Incorporation Agreement may cover the following aspects: 1. Business Purpose: Clearly define the nature of the business activities the corporation will undertake. 2. Shareholders' Ownership: Specify the ownership percentages and interests of each shareholder in the corporation. 3. Directors and Officers: Enumerate the names, roles, and responsibilities of the individuals who will serve as directors and officers of the corporation. 4. Capital Contributions: Outline the amount and form of capital that each shareholder will contribute to the corporation. 5. Decision-making Processes: Define how decisions will be made within the corporation, including voting rights and procedures. 6. Transfer of Shares: Set guidelines regarding the sale or transfer of shares between shareholders. 7. Non-Compete and Confidentiality Agreements: Establish clauses that prevent shareholders and key personnel from competing with the corporation or disclosing sensitive information. 8. Dispute Resolution: State the methods for resolving disputes among shareholders and directors, such as mediation or arbitration. While there are no specific types of West Virginia PRE Incorporation Agreements, their content and provisions may vary depending on the unique requirements of each corporation. Some agreements may focus more on intellectual property rights, while others may allocate responsibilities for specific departments or business divisions. However, the core objective remains the same: to formalize the understanding and expectations of the parties involved before formally incorporating the corporation.