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Consent to Action by the Incorporators of Corporation in Lieu of the...

Sacramento California Consent to Action by the Incorporators of Corporation in Lieu of the Organizational Meeting

Name: Sacramento California Consent to Action by the Incorporators of Corporation in Lieu of the Organizational Meeting
Brand: US Legal Forms
Rating: 4.73 (380 reviews)

Category:

Corporations - Minutes and Resolutions

State:

Multi-State

County:

Sacramento

Control #:

US-0213BG

Format:

Instant download

Description

This form is a consent to action by the incorporators of a corporation in lieu of the organizational meeting.

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Written Consents are internal documents that are often used by directors in a corporation, or members or managers in a limited liability company (LLC), to grant consent to a decision or action, in writing.

Action by Consent- Any action required or permitted to be taken at any meeting of the stockholders may be taken without a meeting if all stockholders entitled to vote on the matter consent to the action by a writing filed with the records of the meetings of stockholders.

California law allows the incorporators to act in this fashion because the existence of the corporation begins immediately upon the filing the initial articles of incorporation with the California Secretary of State. Someone must always be able to act for the corporation.

Since written consents must be unanimous, they are also good evidence to third parties doing due diligence that a company's Board solidly supported a particular action.

Each incorporator of a stock corporation must own, or be a subscriber to, at least one (1) share of the capital stock. Each incorporator of a nonstock corporation must be a member of the corporation.

A One Person Corporation (OPC) is simply a company with just one stockholder. This single stockholder is also the sole incorporator, director, and president.

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.

California requires new corporations to list the people or entities who are applying to form the corporation. California law provides that one or more natural persons, partnerships, associations, or corporations may form a corporation. Incorporators are responsible for filing the articles of incorporation.

Shareholder action by written consent refers to corporate shareholders' right to act by written consent instead of a meeting. This type of consent avoids some of the negative characteristics of shareholder meetings.

At this time of formation, the sole incorporator is the only person with authority to act on behalf of the corporation, so this consent provides the directors with the authority they need to take corporate action.

Typically, incorporators are the actual owners of the business. In such a situation, although they begin as incorporators with very little rights, they become the owners of the corporation once its existence begins.

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Sacramento California Consent to Action by the Incorporators of Corporation in Lieu of the Organizational Meeting

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How to fill out Sacramento California Consent To Action By The Incorporators Of Corporation In Lieu Of The Organizational Meeting?

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FAQ

What are written consents?

What does action by consent mean?

Can a corporation act as an incorporator in California?

Do written consents need to be unanimous?

Can a corporation become an incorporator?

Can a corporation be a sole incorporator?

What are the duties of incorporators?

Who can be an incorporator in California?

What is shareholder action by written consent?

What is an incorporator consent?

Does the incorporator own the corporation?

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What is a Sacramento Consent to Action by the Incorporators of Corporation in Lieu of the Organizational Meeting791059?

Why would incorporators choose to use a Sacramento Consent to Action instead of holding an organizational meeting?

What decisions can be made through a Sacramento Consent to Action?

Who needs to sign a Sacramento Consent to Action?

Is a Sacramento Consent to Action legally binding?

Can the decisions made through a Sacramento Consent to Action be changed in the future?

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