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by EnergyAmy
23 days ago
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The contradiction clears up when you realize that corporations are legal fiction without rights, merely privileges granted to them. You can act in your capacity as a person and exercise your rights, taking on personal liability. You can act via a fictive legal proxy, which has no rights and shield yourself from some liability. Trying to blur those two is madness. |
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That's not really correct. Corporations are recognized as distinct entities as a legal fiction to make application of law to them easier, but the law "pierces the corporate veil" routinely where that legal fiction is not applicable, and in those cases, recognizes the factual nature of corporations merely as methods of coordination employed by the underlying people using them.
> You can act via a fictive legal proxy, which has no rights and shield yourself from some liability.
No, this is definitely not correct. Limited liability implies that you can separate your financial accounts from that of the business, such that creditors can't target your personal assets to cover the debts of the organization, but doesn't necessarily shield you from legal liability for the actions you personally undertake in with in the context of the business.
The idea that the organization has no rights insofar as it is being regarded as an entity unto itself is also false, as a great deal of extant jurisprudence demonstrates.