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To start an LLC in Alabama, you must file a Certificate of Formation with the Secretary of State. You will also need to create an operating agreement and obtain an EIN from the IRS. Utilizing the Alabama Initial Incorporator Action Electing Initial Directors of Corporation can help streamline the steps involved in setting up your LLC.
Once the corporation is up and running, directors are typically elected by shareholders at annual meetings. As suggested by its name, the board of directors "directs" the corporation's affairs and business path.
Who elects the board? The board is elected by the stockholders of the company. Unless otherwise provided in the company's charter, by law or by contract, directors are elected by the holders of a majority of the company's outstanding shares.
Corporations are usually required by law to hold annual shareholder meetings, at which the shareholders will elect the corporation's directors.
According to Fred Wilson, partner at Union Square Ventures, "a perfect startup board is comprised of the startup's CEO (which may or may not be its founder), one financial investor (e.g., an influential Angel or VC), and two to three fellow CEOs (peers) who have built or are in the process of building successful
In most legal systems, the appointment and removal of directors is voted upon by the shareholders in general meeting or through a proxy statement. For publicly traded companies in the U.S., the directors which are available to vote on are largely selected by either the board as a whole or a nominating committee.
Shareholders elect directors at the shareholders' meeting by a majority of votes. An individual can be the sole shareholder, director and officer of a corporation.
Every business should have a board of directors to oversee its operations. The board creates governing documents, sets policy, and hires and directs executive employees. Board members have a fiduciary duty of responsibility for the corporation's assets and its shareholders.
In a public corporation, the board is elected by the shareholders. Selecting the board of directors in a startup company where there are no shareholders can be done by the President or CEO of the business.
The incorporator typically executes a document called an Action of Incorporator (also called an Initial Action by the Sole Incorporator), in which the incorporator adopts bylaws for the corporation, sets the size of the board of directors, and elects the initial board of directors.