Main Content

An Introduction to the Law of Corporations: Cases and Materials

DGCL Sec. 107 - Powers of Incorporators

Corporations can not incorporate themselves. The parties who incorporate a business are known as "incorporators" or "promoters". An incorporator need not be a person. An incorporator may also be another corporation.  

Typically, the incorporator names the initial board of directors of the corporation immediately as part of the incorporation process, but if not, the incorporator has plenary power to manage the corporation until such time as the incorporator appoints the initial board of directors.