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Lawdoctor, Attorney
Category: Business Law
Satisfied Customers: 1400
Experience:  I have handled numerous business law cases during my career
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Dear Legal Expert, Can the witness be the drafter of the

Customer Question

Dear Legal Expert,

Can the witness be the drafter of the cert of incorp and an employee of the organization?

We would like to complete our cert of incorporation regarding NPCL section 402 (b) ...please help
we dont understand the affadavit part..what are the members? Subscribers? How do we do the affavadit?

What is meant by classes of members?

Could you just look at the whole Cert of Incorp and let us know if it is ready to hand in to state of NY?

Thank you,
The Relationship Foundation
Submitted: 6 years ago.
Category: Business Law
Expert:  Lawdoctor replied 6 years ago.

Thank you for allowing me to assist you with your question.

The certificate of Incorporation does not have a section for witnesses, so, that is not an issue. The incorporater can be a director and or an officer or an attorney.

The current forms for Incorporation of a Not for Profit in NY for certificate of inc, does not include the affidavit.

See the official form below:

Here is the link for the State's website for corporations:

IF you still feel that you need the affidavit, there is no witness other than the notary and no, you cannot be a notary and notarize your own signature.

I hope this helps! and Good luck with your organization.

Thank you again for trusting us with your problem. Good luck and Godspeed.

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