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Pre incorporation agreement template

Pre incorporation agreement 2026

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The document is a Pre-incorporation Agreement between two attorneys, Alpha and Beta, outlining the formation of a professional corporation to continue their law practice. It details the transfer of assets from their partnership to the new corporation, the issuance of shares, and the roles and responsibilities of each attorney as shareholders and officers. The agreement also includes provisions for corporate governance, insurance, amendments, and legal compliance.

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Click ‘Get Form’ to open the pre-incorporation agreement in the editor.
Begin by entering the date of the agreement in the designated field at the top of the document.
Fill in the names and addresses of both Attorney Alpha and Attorney Beta, ensuring all details are accurate.
Specify the partnership name and relevant code sections that authorize the formation of a professional corporation.
Complete sections regarding corporate name, business location, and commencement date for business operations.
Indicate capitalization details, including the number of shares and stock type each attorney will purchase.
Review and fill out any additional sections related to asset transfer, liabilities, insurance, and amendments as necessary.
Finally, ensure all parties sign where indicated to finalize the agreement.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Who is liable in a pre-incorporation contract?

Promoters are personally liable for pre-incorporation contracts because at the time of the formation of a pre-incorporation contract the corporation was non-existent.

What is a pre-incorporation agreement?

As the name implies, a pre-incorporation agreement is an agreement a contract by and among the various partners and colleagues who will be the owners of the new corporation. These types of agreements can be used for any type of corporate formation such as a limited liability company or corporation.

Who can ratify a pre-incorporation contract?

If no period is specified, the company may ratify it within a reasonable time after its incorporation. Normally, it is the directors of a company after incorporation that would ratify the pre-incorporation contracts.

Why are pre-incorporation contracts not binding on the company?

Since the company does not exist at the time of entering the pre-incorporation contract it cannot be bound.

Why use a pre-incorporation contract?

A pre-incorporation agreement can detail how a corporation will operate. It can outline the management structure as well as set the terms for who will exercise control over the company before the initial corporate meeting is held.

pre incorporation contract pdf

Pre incorporation Agreement template Pre incorporation contract pdf Ratification of pre incorporation contract Pre incorporation contracts promoters Nature and validity of pre incorporation contract

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What are the risks of pre-incorporation?

Any contract entered into prior to the incorporation of a business entity is a possible liability for the promoter. A promoter is a person or entity acting on behalf of the corporation not yet formed.