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Join Our Free Trial Now! Learn More About corporation sole. Share corporation sole Post the Definition of corporation sole to Facebook Share the Definition of corporation sole on Twitter. In other words, were they chartered by the exclusive authority of the church under canon law, or did they come into existence by virtue of legislative-issued corporate charters or State statute-authorized articles of incorporation? The record clearly shows that each and every corporation sole formed at any time in American history was organized under civil law e.
Dioceses of Spokane, Washington. In other words, they were not chartered by the old office of the corporate sole under canon law. The earliest corporate soles in America were formed by special legislative act in which the state legislatures issued corporate charters to various church sects and religious orders.
However, after the turn of the twentieth century most of the corporation soles formed came into existence as a result of their filing articles of incorporation with their respective Secretary Of State's office.
There is fundamentally no difference between how any corporation sole has ever been formed in America, and how any other non-profit religious corporation has ever been formed. They are all civil law corporations. One of the alleged benefits of being a corporation sole according to its promoters is that it need not obtain c3 status. Yet most Catholic Churches, whether corporate sole or not, have applied for and obtained c3 status, or are operating under an IRS c3 "group exemption letter.
The form of logic employed when they use the Roman Catholic Church as an example is referred to as "faulty appeal to authority. The fact that the Church Of Satan is a corporation sole may lend credence to satanists and witch covens for why they too should organize as a corporation sole; but does that lend credence for Christians to organize a church as a corporation sole?
In recent years, the corporation sole has experienced a considerable increase of new filings. Most all of it is due to zealous promotion by various tax protest groups and MLMs. Those few states which permit the formation of the corporation sole also make it surprisingly easy to do so, with nothing being required from the applicant to demonstrate that they actually fulfill the statutory prerequisites e. This ease of formation has undoubtedly contributed to the growth in its popularity, but has also left the door wide open for considerable abuse.
State statutes govern prerequisites for forming a corporation sole, legal obligations for maintaining the legal status of a corporation sole, who may incorporate, and a plethora of other rules and regulations that govern the corporate sole and maintaining a valid corporate status. No state in America recognizes a corporation sole as a canon law entity. Rather, all corporate soles, if recognized at all, are only recognized as civil law entities.
No mention is made anywhere in these statutes of canon law. Rather, all that is recognized is civil law. Furthermore, only a few states even consider the corporation sole to be something unique, and worthy of a special classification in their state statutes.
Of those states that do permit the formation of the corporation sole, most just lump the corporate sole in along with all other non-profit corporations, affording the corporate sole few, if any, special advantages over an ordinary non-profit corporation.
In point of fact, those few states which permit the formation of the corporation sole always classify them as a "nonprofit corporation" when they are registered with their Secretary Of State office by the Corporations Division.
The claim that seventeen states "legally recognize by statute" the corporation sole is inaccurate. Some of the above states may have once had a corporate sole statute, but have since repealed it. Where repealed, those states now treat the corporation sole as not having any unique status, whatsoever. If they recognize it, they treat it just like they do any other non-profit religious corporation. The same can be said of incorporating a corporation sole in a state which legally authorizes them to be formed, and then operating that corporation sole in another state which doesn't permit their formation.
Such states will indeed "legally recognize" them under the legal doctrine of "comity," but only if they register with the Secretary Of State as a "foreign corporation. Failure to register as a foreign corporation can have serious legal consequences.
In this statutory example, if you form a corporation sole in Washington state, but the Secretary Of State subsequently determines that you don't have a church physically present in Washington, nor are you as the corporate sole officer a resident of Washington, your corporation sole is in violation of the statute and could be declared a sham.
Of the hundreds of corporation soles now registered in Washington state, it would appear that probably most of them are, in point of fact, shams. Among those states that permit the formation of the corporation sole, some of them do nothing more than to include the corporation sole in a list of other religious non-profit corporate entities.
Of those states which permit the formation of the corporation sole, and which also classify the corporation sole in its own unique category, a thorough review of those states' statutes shows that there are far more similarities than there are differences between the corporation sole and the typical religious non-profit corporation. Any apparent differences are rather minor and of little legal or theological consequence. Promoters of the corporation sole speak of it as though the corporate sole were a venerated institution, respected by the courts and legal scholars, and a well-settled area of law.
However, those are not opinions universally shared among legal scholars. Corporate sole proponents espouse that the corporate sole is an especially well-settled area of English Common Law which legal historians, legal scholars, and the courts well-understand, over which there has been complete agreement, over which there has been little if any dispute, and for which there is complete approval for its alleged virtues.
However, nothing could be further from the truth. Quoting James B. Indeed, a number of legal scholars have had a great many derogatory things to say of the corporate sole. Apparently, the modern proponents of the corporate sole would have us disregard the opinions of genuine legal scholars, such as Sir Frederick Pollock and Frederick William Maitland in favor of their own amateurish and make-believe theories.
To counter the marketing sizzle of the internet peddlers of the corporation sole, we turn to the astute and highly respected legal scholar, Frederick Maitland, and his law review entitled, The Corporation Sole. Therein Maitland expresses some obvious contempt for the corporation sole when he states in his law review:.
Contrary to the marketing hype of the peddlers of the corporation sole, the corporation sole has historically known an immense amount of legal controversy, ridicule, uncertainty, disagreement and debate; and at least among legal scholars there has been little if any approbation for the corporate sole. Indeed, the comments tend to be quite derogatory. After a thorough legal and historical review, Maitland demonstrates his frustration and outright contempt for the legally unsettled nature of the corporation sole by concluding:.
It is for good reason that you will rarely ever find Maitland's legal review of the corporation sole included in the information of any promoter of the corporation sole. Bouvier's Law Dictionary, 8th Ed.
Black's Law Dictionary, 6th Ed. Is a church considered a corporation? Things get complicated, however, when you consider that thousands of U. They're called churches. How many directors are in a corporation in the Philippines? For a stock corporation, the number of directors must be at least five 5 but not more than fifteen For a non-stock corporation, the number of trustees must be at least five 5 and could be more than fifteen.
Is S Corp sole proprietorship? Individuals may operate a business as a sole proprietor or they may take steps to form an incorporated business entity, such as an S corporation. While single-member S corporations are legal, a sole proprietor cannot file as an S corporation unless he takes the proper steps to create the corporate entity.
Is there an LLC in the Philippines? What is religious aggregate? A corporation aggregate, on the other hand, is a religious corporation composed of two or more persons. First, Section of the Corporation Code provides that a corporation sole administers and manages, as trustee, the affairs, properties and temporalities of the religious denomination, sect or church. What is difference between company and body corporate?
Body Corporate is a wider concept than company. It includes company as well as other enterprises such as foreign companies, public financial institutions etc. Company and corporate have certain important differences in terms of legal status, owners' liability, taxes, etc. Who is the body corporate?
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