if we have recently filed articles of incorporation with 3 incorporators listed, can the other 2 incorporators finalize the action of incorporation legally without the third incorporator’s input?

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if we have recently filed articles of incorporation with 3 incorporators listed, can the other 2 incorporators finalize the action of incorporation legally without the third incorporator’s input?

We have not yet set up the action of incorporator, named a board, or accepted bylaws. One of the incorporators has recently become shady and disruptive to general business and may possibly be taking part in illegal activities in their personal life. This person needs to have their power removed. When naming a board, this person can not be allowed a position. The statutory agent is one of the other incorporators, if that makes a difference.

Asked on September 11, 2013 under Business Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless the presumed signed bylaws of the corporation that you have written about concerning the company that was incorporated requires three incorporators as opposed to two, then you can proceed with two out of the three listed can finalize what needs to be done. Based upon what you have written, I suggest that you consult further with a business attorney.


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