A articles of incorporation allow the creation of a company to be formalized.
A articles of incorporation is a mandatory legal instrument that is needed to form a company or organization . This document must include certain basic information about the entity created and must have the signature of all those who make up the company in question.
It should be noted that the official document that accredits a certain event is called the record . Constitutive , for its part, is an adjective that refers to that which is the fundamental or primordial component of something.
A company and a club , to name a few possibilities, must have a charter for its existence to be legal. Otherwise, they will be de facto, unregistered companies. Cooperatives and NGOs, likewise, are other companies that must necessarily have a constitutive act when they are launched.
Creation of a charter
The requirements for creating a charter vary depending on the country and type of organization. It can be said, at a general level, that the articles of incorporation of a company that will carry out a commercial activity must include its corporate name (the name of the company that is created through the minutes), its corporate purpose (what the company will do), the registered office (where the company will be based) and contributions to the share capital (how the ownership of the company is distributed among its partners according to their participation). In addition, the basic data of the people who constitute the company must be included (full name, age, national identity document, etc.) and their signatures .
This without overlooking either how the company has been named, the contributions of share capital that have allowed it to be shaped, the appointment of the administrators and other relevant positions, the bases that clearly determine what the administration of the company is. and finally how the dissolution would be carried out, if that point is reached.
Currently, models of articles of incorporation can be found on numerous websites and organizations, such as those of public limited companies, communities of owners, civil societies, cooperatives...
A articles of incorporation must include certain information.
Some examples
An example of a constitutive act is the Constitutive Act of the Mexican Federation , which marked the union of the representatives of the governments of each Mexican state in the same legal entity. This act was created in 1823 through a constituent congress.
However, we must not forget what is known as the Constitutive and Reform Act of 1847 . It is considered, to a certain extent, that this act is the one that was responsible for shaping the Third Mexican Republic .
At a historical level we also come across the Constitutive Act of the Republic of Guatemala of 1851 . This was in force until 1871 and stood out because, among other things, it established that the State of the aforementioned country was divided into four large entities: the Presidency of the Republic, the House of Representatives, the Council of State and the Judicial Order.
In the same way, it determined that the president would be elected for a period of four years, that the Catholic religion would be the only one of the State and that the Council of State would have a much more important value than the one it had presented up to that moment.