Chapter 2 Flashcards
(9 cards)
What are the 3 main legal entities that are referred to in UK tax legislation
Individuals (human being)
Persons (includes corporate & unincorporate)
companies
What is a corporate sole?
a body corporate constituted in a single person that has the capacity of acting as if it were an individual
What is a corporate aggregate?
a collection of persons united into one body under a special name - is it given the capacity of acting as if it were an individual
What des it mean for a corporate to be opaque
When a corporate has a personality that is distinct from the separate person that themselves form the body
What does if mean for an uncorporated boy to be transparent
When an unincorporated association, despite being persons, aren’t endowed by law with their own personality that is separate from the persons that form them
Give examples of non-juristic persons
- An english partnership
- Trustees of a trust
- Personal representatives of the estate of a deceased
- Sports, social or other clubs created as unincorporated associations
What is a question of fact?
It’s a question as to the existent of some phenomenon in the world around us
Phenomenon are a are proved either by direct evidence of agreement
What is a question of law?
it’s a question about the content of legal rules and how they operate in relation to facts
Do corporations enjoy perpetual succession, and continuous identity?
Yes
