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Corporation

A legal entity, created under the authority of a statute, which permits a group of people, as shareholders, to apply to the government for an independent organization to be created, which can then focus on pursuing set objectives, and empowered with legal rights usually only reserved for individuals, such as to sue and be sued, own property, hire employees or loan and borrow money.

When a government creates a corporation, it does so by statute or by issuing a charter or a certificate, after which the corporation is an independent legal person in the eyes of the law.

The primary advantage of a for-profit corporation is that it provides the shareholders with a right to participate in the profits (by dividends) without any personal liability (the company absorbs the entire liability of the business).

A corporation is either profit-seeking or not-for-profit, the latter also known as society, not for profit corporation or association.

The wide concept of the term, to include profit-seeking and not-for-profits, is exhibited in the US Code, in Title 11 (re bankruptcy), Chapter 1, ¶101(9), which defines a corporation as:

"The term corporation includes (an) association having a power or privilege that a private corporation, but not an individual or a partnership, possesses;  partnership association organized under a law that makes only the capital subscribed responsible for the debts of such association;  joint-stock company; unincorporated company or association; or business trust; but does not include limited partnership. "

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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