Distinguish between incorporated and unincorporated associations.

Apart from human beings, the law also accords legal personality to certain offices and groups of persons known as incorporated associations or most commonly known as corporations.

A corporation is an artificial legal person created by law, and once it comes into being it is treated by law as a person in its own right, quite independent of the members who compose it. Its rights and obligations are distinct from their rights and obligations, and its life is not affected by the death or bankruptcy of its members ( Solomon v Solomon & Co. Ltd. 1897).

A corporation is either corporation sole or a corporation aggregate. A corporation sole is the holder of a certain office and his successor. The purpose of this type of a corporation is to lend continued existence to a certain office or institution quite independent of the person who occupies it. Examples include a bishop, the office of the President, and the office of the Public Trustee.

A corporation aggregate is composed of at least two persons, associated for some lawful common purpose. and is created either by special Act of Parliament or by registration under the Companies Act (Cap. 486). Corporation created by

 

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