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The Corporate Personhood Two-Step, Carliss N. Chatman
The Corporate Personhood Two-Step, Carliss N. Chatman
Scholarly Articles
The corporation cannot exist without its founders complying explicitly with the requirements for incorporation provided by state statutes. The artificial entity theory acknowledges that the corporation cannot and will not exist until its founders comply explicitly with the requirements for corporate formation and in-corporation imposed by the state. A corporation is also, by design, a new and distinct entity divorced from its people. The real entity theory acknowledges that once a corporation is formed, it has rights that belong only to the corporation it-self, wholly separate from its founders. By merging the artificial entity and real entity theories, the Court …