What laws govern the formation of a company?

In Delaware, a company is legally formed when the owners file Articles of Incorporation (also known as a Certificate of Incorporation) with the Department of State. This document establishes the company’s legal name, purpose, and basic organization. The Articles of Incorporation also designate an authorized agent for the company, which is the person who receives official notices or communications to the company on its behalf. Once the Articles of Incorporation have been filed with the Department of State, the state will issue a Certificate of Formation, which confirms the existence of the company. The Certificate of Formation also includes the company’s legal name, its state of incorporation (Delaware), and its date of formation. Along with the Articles of Incorporation, the company’s owners must also create a document called the Bylaws, which sets out the rules and regulations governing the internal affairs of the company. Bylaws may cover topics such as the roles of company officers, the number of directors, and the responsibilities of the board of directors. Finally, Delaware law requires companies to appoint a registered agent, which is the individual responsible for receiving and processing service of process (SOP) documents on behalf of the company. SOP documents are legal documents (such as summons or subpoenas) that must be delivered to a company in order for them to be considered legally binding. The registered agent must have a physical address in Delaware. In summary, the laws governing the formation of a company in Delaware involve filing Articles of Incorporation, creating and filing Bylaws, and appointing a registered agent. Once these documents have been filed with the Department of State, the company is legally formed.

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What laws govern the formation of a company?

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