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Because the Corporation is not set up yet, the pre-incorporation agreement will give authority to its incorporators. While the other forms (such as partnerships and sole proprietorship) are simpler arrangements that can easily be adopted and dissolved, incorporation is a fairly lengthy and intricate process.
"The promoter is obligated to bring the company into the legal existence and to ensure its successful running, and in order to accomplish his obligation; he may enter into some contract on behalf of the prospective company. These types of contract are called 'Pre-incorporation Contract'.
The person who enters into a pre-incorporation agreement is usually called the Promoter. Promoter is a person who initially gets the idea of the formation of a company.
Before a company is incorporated, it has no legal existence. ingly, it has no capacity to enter into a contract. The company cannot sue or be sued on a pre-incorporation contract. However, persons who conclude contracts for the unborn company can be held personally liable on such contracts.
Because the Corporation is not set up yet, the pre-incorporation agreement will give authority to its incorporators. While the other forms (such as partnerships and sole proprietorship) are simpler arrangements that can easily be adopted and dissolved, incorporation is a fairly lengthy and intricate process.
There are various types of pre-incorporation contracts that can be made by a company ing to their need before incorporation, such as a lease agreement, employment agreement, founder's agreement, shareholder agreement, etc.