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What Powers does the Organizer or Incorporator have?

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  5. What Powers does the Organizer or Incorporator have?

An “organizer” (for limited liability companies, or LLC’s) and “incorporators” (for corporations) have the power to initially form the company. That’s it.

Once the company is formed, the organizer or incorporator has no other power or interest in the company, and therefore can take no other action on behalf of the company.

An organizer or incorporate cannot enter into a contract for the company, nor can they sign powers of attorney or do other actions on behalf of the company, other than the initial formation.

This is not to say, a person with power in a company, such as a Member, Shareholder, president or other person, cannot also be the organizer or incorporator. In such a circumstance, any powers exerted by such a person would be under the office, position or capacity within the company, and not because they were the organizer or incorporator.

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