Title 8 § 141 (b) of the Delaware general corporation law states: "The board of directors of a corporation shall consist of 1 or more members, each of whom shall be a natural person." Delaware Code Section 302 has separate definitions for “person” and “adult [person]”. Accordingly, subject to further review of the facts and circumstances the argument could be made that the a Delaware C Corporation may be registered with only minors listed as the directors. That said, even if it is allowed, it is not advisable and will be suspect. You may want to consult with an attorney to determine the best course of action.
Mr. Hecht is correct. The law is copied and pasted below. It should be noted that most corporations impose their own "qualifications" and "restrictions" on who can serve on the Board.
CHAPTER 1. GENERAL CORPORATION LAW
Subchapter IV. Directors and Officers states, in part:
§ 141 Board of directors; powers; number, qualifications, terms and quorum; committees; classes of directors; nonstock corporations; reliance upon books; action without meeting; removal.
(a) The business and affairs of every corporation organized under this chapter shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation. If any such provision is made in the certificate of incorporation, the powers and duties conferred or imposed upon the board of directors by this chapter shall be exercised or performed to such extent and by such person or persons as shall be provided in the certificate of incorporation.
(b) The board of directors of a corporation shall consist of 1 or more members, each of whom shall be a natural person. The number of directors shall be fixed by, or in the manner provided in, the bylaws, unless the certificate of incorporation fixes the number of directors, in which case a change in the number of directors shall be made only by amendment of the certificate. Directors need not be stockholders unless so required by the certificate of incorporation or the bylaws. The certificate of incorporation or bylaws may prescribe other qualifications for directors.
The response provided here is given in an attempt to assist a questioner with general legal principles and for educational purposes and is not to be considered legal advice given to a paying client. To ensure compliance with requirements imposed by the IRS, and that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Taxpayers should seek professional advice based on their particular circumstances.
How can this be advisable if the corporation is going to do any business at all or have a bank account or receive money or enter into contracts.....?? It is not advisable.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline