The concept of juridical personality allows one or more natural persons (universitas personarum) to act as a single human-like entity (the body corporate) for legal purposes.
In many jurisdictions, the concept of artificial personality allows a corporate entity to be considered separately under law from its individual members.
A corporate personality may sue and be sued, enter contracts, incur debt, hire agents and own both property and other corporate entities.
In the US they have gone one step further and made the legal corporate person a citizen of the state.
The whole concept of the corporate person goes back to the middle ages when Pope Innocent IV (ironic that) allowed monasteries to be legal ‘people’ because monks couldn’t own the monasteries due to their vow of poverty.
The Pope went one step further and proposed that because the legal person didn’t have a soul (true that) it therefore couldn’t be punished for an inability to satisfy it’s non-contractual obligations to the community.
The Royal Commission into child abuse needs to take note here.
I would like to point out that this whole concept of the company as a legal person was dreamt up before slavery was abolished.
These days you can’t have people owning another person, soul-inclusive or otherwise.
So me thinks we should change the concept of the body corporate to either:
(A) a dog, because people can still own pets, or
(B) an employee, which can choose not to work for its employers (shareholders) from time to time
But dogs can’t own people either, whereas a company can own a company, so I think I’ll have to plug for option B.
So if we treat shareholders as employers not slave owners, the employee (the company) can at any time choose not to be employed by its shareholders.
Until then, however, it will diligently serve its employer-shareholders’ collective wills.
Under this scheme the relationship between a company and its shareholders would become a tad more bilateral.
The employing shareholders would receive all the proceeds from the business but then pay the company for its efforts in generating them.
This way I can see an angle to help solve corporate tax avoidance.
The corporate entity would simply be taxed as an individual in its country of residence (not incorporation).
If the shareholders, humans or otherwise, withheld or reduced a salary to avoid paying tax then the company would be compelled to look for a new and more generous employer.




















































