What is necessary for an incorporation agreement to be valid under the BCA?

For an incorporation agreement to be valid under the Business Corporations Act (BCA), it must be signed and dated by each incorporator. This is essential because the signatures serve as a clear indication of the incorporators' consent to the terms of the agreement and their intention to form a corporation. The incorporation agreement typically outlines the key elements of the corporation's structure and governance, and the signatures demonstrate that all parties are in agreement with the provisions contained within it.

This requirement emphasizes the importance of the parties' intentions and their active participation in the incorporation process. Without the necessary signatures, there would be ambiguity regarding the validity of the agreement and the intentions of the individuals involved in the formation of the corporation.

Filing the agreement with the Registrar, obtaining approval from all shareholders, and including a board resolution might be relevant in other contexts, but they are not prerequisites for the initial validity of the incorporation agreement itself. The focus of the question is specifically on the formation phase indicated by the necessity of the signatures of the incorporators.