Dictionary of Law

incorporate :: legal definition

Incorporate - v. 1) to obtain an official charter or articles of incorporation from the state for an organization, which may be a profit-making business, a professional business such as a law office or medical office or a non-profit entity which operates for charitable, social, religious, civic or other public service purposes. The process includes having one or more incorporators (most states require a minimum of three for profit-making companies) choose a name not currently used by (nor confusingly similar to) any corporation, prepare articles, determine who will be responsible for accepting service of process, decide on the stock structure, adopt a set of bylaws, file the articles with the Secretary of State of the state of incorporation, and hold a first meeting of incorporators to launch the enterprise. Other steps follow such as electing a board of directors, selecting officers, issuing stock according to state laws and, if there is going to be a stock offering to the public, following the regulations of the Securities and Exchange Commission and/or the State Corporations Commissioner. If the corporation is non-profit, it will have to apply for non-profit status with the home state, and may, if desired, also apply to the Internal Revenue Service for federal non-profit recognition, both of which require detailed explanations of the intended operation of the organization. 2) to include into a unit.

See also: corporation incorporate by reference incorporation stock and Related Law Terms ↓

Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock
board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof.
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock
community property :: n. property and profits received by a husband and ... and distribution separate property
company :: n. any formal business entity for profit, which ma ... s a corporation. See also: business
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
director :: n. a member of the governing board of a corporatio ... lso: board of directors corporation
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation
dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock
preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reorganization :: n. the implementation of a business plan to restru ... also: bankruptcy corporation merger
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
return of service :: n. written confirmation under oath by a process se ... ee also: service service of process
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
will :: n. a written document which leaves the estate of t ... will and testament probate testator
winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership

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Other Law Terms - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture