Corporate Personality and its kinds
The concept of "corporate personality" is a fundamental principle in corporate law. It essentially
means that a corporation is recognized by law as a separate legal entity, distinct from its
individual members (shareholders, directors, etc.). This legal fiction allows corporations to:
● Own property: A corporation can hold assets in its own name.
● Enter into contracts: It can make agreements with other parties.
● Sue and be sued: A corporation can initiate legal actions and be held liable in court.
Here's a breakdown of the kinds of corporate personality:
● Corporation Aggregate:
○ This is the most common type.
○ It involves a group of individuals who come together to form a single legal entity.
○ Examples include:
■ Companies (limited liability companies, etc.)
■ Partnerships
■ Associations
○ In a corporation aggregate, the entity's actions are carried out by its members or
appointed representatives.
● Corporation Sole:
○ This is a less common type.
○ It consists of a single individual who holds a particular office or position, and that
office is considered a perpetual legal entity.
○ The individual holding the office changes over time, but the corporation itself
continues.
○ Historically, this was often used for ecclesiastical offices.
○ An example would be a bishop of a diocese, in some legal systems.
Key aspects of corporate personality:
● Separate Legal Entity: The corporation is treated as a separate "person" in the eyes of
the law.
● Limited Liability: Often, the shareholders' liability is limited to their investment in the
corporation.
● Perpetual Succession: A corporation can continue to exist even if its members change.
I hope this helps.
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