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And even in that situation the promoter is personally liable for the pre-incorporation contract. Common law doctrine believed that many contracts were made through intermediaries; hence such contracts were to be subject to the law of agency.
Answer: False Preliminary contracts or pre-incorporation contracts are not legally binding on the company. A company cannot ratify a preliminary contract.
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.
These types of contract are called 'Pre-incorporation Contract'. Therefore, Pre-incorporation contracts, though at first stage may appear to be with no legal status but they are very much legally acceptable and enforceable in the tribunal and courts.
Ratification is done when a company confirms the pre-registration contract expressly or impliedly such as making a payment for the contracted amount. Also statutory assumptions in s 129 apply in this case as well.
Ratification is done when a company confirms the pre-registration contract expressly or impliedly such as making a payment for the contracted amount.
Acceptance of a pre-incorporation contract by a company only requires an adoption of the contract within a reasonable time and there is no corresponding time limit for incorporation of the company.
Choose a name for your business. ... Designate a Registered Agent in Texas. ... File Articles of Incorporation in Texas. ... Create your Corporate Bylaws. ... Appoint your Corporate Directors. ... Hold the First Meeting of the Board of Directors. ... Authorize the issuance of shares of stock. ... Obtain your Texas business licenses and permits.