There is also a fundamental distinction
between a corporation and natural person. A natural person is born as
a result of the working of law of nature and also dies in the same
way. However, when a corporation has to be created , an application
has to be made to some office set up for that purpose by law. In the
case of joint stock company , the application is made to the Joint
Stock Companies.
A corporation can also be created by means of a
Royal Charter of an Act of parliament. This was done n the case of
the English East India Company. In the same way the municipal
corporations can be set up. A corporation also comes into existence
by prescription. The same is the case with regard to the dissolution
of corporation.
A corporation can be declared defunct when it stops
doing its business. Its charter can be forfeited. It can voluntarily
surrender its charter or the privileges granted to it. A natural
person can act himself . It is not binding on a natural person to
get his work done through others.
However, in the case of a
corporation , it is absolutely essential that it must act through its
agents. Moreover a natural person can do whatever he pleases .There
is no restriction on what he can do and what he can not do. However
in the case of a corporation, its powers are defined in the
instrument when the corporation is created.
A limited company can not
go beyond the terms of its memorandum of association. Even if all the
shareholders of a company agree , they can not do a thing which is
beyond the terms of the memorandum of association. However the
memorandum of association itself can be changed.
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