Set index in the Certificate of Incorporation

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How to Set index in the Certificate of Incorporation

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okay so for this video i want to talk with you about delaware certificate of incorporations right so who needs to file this and why right so if youre thinking about setting up a delaware corporate entity in order to do so you have to file a certificate of incorporation with the state so this is the initial the very first document that is filed with the state and so the state uses this information to create your legal entity and add it to the corporate registrar right so when you file a certificate of incorporation delaware statute requires that certain elements be in there and then there are other optional elements that you can include if you want to but you dont necessarily have to now depending on who the lawyer is thats setting these things up for you or if youre doing it yourself theres a lot of different opinions about what elements should be included what should be left out so youll find that delaware has a standardized format which covers the bare minimum ill show you wh

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How do you increase authorized share capital of a company?

Company can increase its authorized share capital, only if it is authorized by its Articles of Association and after obtaining approval of members by ordinary resolution. (Section 61(1)

How do you change the number of shares in a company?

The number of authorized shares per company is assessed at the companys creation and can only be increased or decreased through a vote by the shareholders.

What do I put for number of shares authorized?

Authorized shares refers to the number of shares the corporation is allowed to issue under its certificate or articles of incorporation. 10 to 15 million is a commonly used range (we set 10 million as default for the Cooley GO Docs Incorporation Package).

How do I amend my Delaware certificate of incorporation?

To make amendments to your Delaware Stock Corporation, you submit the completed State of Delaware Certificate of Amendment of Certificate of Incorporation form to the Department of State by mail, fax or in person, along with the filing fee and the Filing Cover Memo. Non-stock corporations use a separate amendment form.

What is Section 262 of the DGCL?

The appraisal statuteSection 262 of the DGCL, which allows stockholders to seek the fair value of their shares following a mergerhas been amended to allow a beneficial owner of stock to demand appraisal directly instead of relying on the record holder.

What is Section 109 of the Delaware General Corporation Law?

Delaware General Corporation Law (DGCL) 109 states, after a corporation other than a nonstock corporation has received any payment for any of its stock, the power to adopt, amend or repeal bylaws shall be in the stockholders entitled to vote. 109(b) goes on to state that the bylaws may contain any provision, not

Can a company increase the number of authorized shares?

The amount of capital stock that a company issues is usually initially stated in its company charter, which is the legal document used to start a corporation. However, a company commonly has the right to increase the amount of stock its authorized to issue through approval by its board of directors.

What is Section 103 of the Delaware General Corporation Law?

The formal acknowledgment by a person signing the instrument that it is the act/deed of such person or of the corporation, and that the facts stated therein are true. Such acknowledgment shall be made before a person who is authorized by the law of the place of execution to take acknowledgments of deeds.

What is Section 102 of the Delaware General Corporation Law?

Section 102(b)(7)(i) provides that exculpation provisions may not apply to [an] officer for any bdocHub of . . . the duty of loyalty. Generally speaking, the duty of loyalty requires officers to act in good faith for the benefit of the corporation and its stockholders, not for their own personal gain.

What is Section 115 of the DGCL?

Section 115 defines internal corporate claim[s] as those based upon a violation of a duty by a current or former director or officer or stockholder in such capacity (emphasis supplied).

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