Advancing the Kingdom of Yeshua law lesson 2
T he legal attributes of the corporation, and the alleged “ benefits ” that attorneys most commonly discuss with churches to convince them of their need to incorporate are: 1. A corporation has limited liability protection. 2. A corporation may exist in perpetuity. 3. A corporation may hold title to real property. One additional legal attribute of any corporation is something that attorneys generally don't like to discuss with their church clients: 1. A corporation may sue and be sued . In point of fact, there is a great deal that your attorney is not likely to disclose, in the way of the various legal attributes of the corporation, that you might not find so attractive. In the landmark case of Hale vs. Henkel, the U.S. Supreme Court stated the following regarding corporations: Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. Hale v. Henkel, 201 U.S. 43 at 74 (1906) From this case we learn that:
1. A corporation is “a creature of the State.” 2. The State is "sovereign" over the corporation. 3. The corporation is “incorporated for the benefit of the public.” 4. A corporation is a State “franchise.” 5. Incorporation is a State “privilege.” 6. A corpor ation is “subject to the laws of the State.” 7. “Its powers are limited by law.” 8. It must “obey the laws of its creation.” 9. A corporation has no constitutionally-protected rights.
These are not new or novel legal principles that the Supreme Court just discovered in 1906. Rather, these are legal principles that date back many centuries. The corporation is a product of ancient Rome. The corporation, as the legal entity we are familiar with today, dates back to at least 250 B.C.
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