NDA before Articles of Incorporation filing?

I will assume that NDA = Non-Disclosure Agreement and that NCA= Non compete agreement. If these documents were signed BEFORE the company's articles of incorporation were SIGNED (as opposed to filed), then the corporation/contracting party did not formally exist and the agreements SHOULD NOT BE enforceable. Basically, a corporation cannot contract with anyone until it is formed/created, and it is not formed/created until its Articles of Incorporation are signed. If your sequence of events is correct, it sounds like the contractor entered into an agreement with a non-entity which is incapable of entering into contracts. Dean R. Fuchs This post is for informational and marketing purposes only and does not constitute a contract which creates an attorney-client relationship.