Simple English definitions for legal terms
Read a random definition: Kennedy v. Bremerton (2022)
A de facto corporation is a company that is recognized as a corporation even if it didn't follow all the rules to become one. This happens when the company tried to become a corporation in good faith but made a mistake. To be considered a de facto corporation, the state must have a law about corporations, the company must have tried to follow the law, and the company must be operating like a corporation.
De facto corporation is a legal term that means a company is recognized as a corporation, even if it did not properly file its articles of incorporation. This happens when a company tries to follow the rules for creating a corporation, but makes a mistake or misses a step. As long as the company acted in good faith and has been operating like a corporation, it can still be considered a de facto corporation.
For a company to be granted de facto corporation status, it must meet three requirements:
For example, let's say a group of friends want to start a business together. They come up with a name, create a logo, and start selling products. However, they forget to file their articles of incorporation with the state. Even though they made a mistake, they can still be considered a de facto corporation if they can prove that they tried to follow the rules and have been operating like a corporation.
Another example could be a company that filed its articles of incorporation, but made a mistake on the paperwork. If the company can prove that it acted in good faith and has been operating like a corporation, it can still be considered a de facto corporation.