Which statement is correct regarding an incorporator?

Prepare for your Partnership and Corporation Exam with engaging flashcards and multiple-choice questions. Each question comes with hints and detailed explanations. Boost your confidence and ace the exam!

An incorporator plays a crucial role in the formation of a corporation by filing the necessary documents to establish the corporation under state law. The correct statement is that an incorporator is not required to be a stockholder at the time of incorporation. This means that individuals who act as incorporators can be anyone who meets the legal requirements, typically being of legal age and having the capacity to enter into contracts, regardless of whether they will eventually own shares in the company.

This flexibility allows for a range of individuals, including legal professionals or other third parties, to assist in the incorporation process without needing to hold stock initially or at any point in the future. Thus, the role of an incorporator is distinct from that of a stockholder, and the two roles can be held by different people.

In contrast, the other statements incorrectly assume relationships between the roles of incorporators, stockholders, and directors that are not mandated by law or practice. For example, being a stockholder or a director may happen later in the corporate structure, but that is not a requirement for being an incorporator at the time of incorporation.

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