Simple English definitions for legal terms
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A de jure corporation is a type of company that has followed all the rules and laws required by the government to exist. This means that the government cannot question its right to exist. For example, if a company wants to become a de jure corporation, it needs to file certain documents with the government and pay some fees. On the other hand, a de facto corporation is a company that has tried to become a de jure corporation but has not followed all the rules correctly. This means that the government can question its right to exist.
A de jure corporation is a type of corporation that has a legal right to exist and cannot be questioned by the state. The term "de jure" comes from Latin and means "by right" or "rightfully such."
In order to become a de jure corporation, a company must comply with all of the constitutional or statutory requirements of the government entity in which it wishes to operate. This means that the company must follow all of the rules and regulations set forth by the government in order to legally transact business.
For example, if a company wants to become a de jure corporation in a particular state, it must file its Articles of Incorporation with the Secretary of State and pay any necessary fees. By doing so, the company is legally recognized as a corporation and has the right to conduct business in that state.
On the other hand, a de facto corporation is a corporation that has attempted to organize but is not fully compliant with all of the legal requirements. For example, if a company begins conducting business before all of its minimum capital stock is subscribed, it is considered a de facto corporation and not a de jure corporation.
Overall, the difference between a de jure corporation and a de facto corporation is that a de jure corporation has fully complied with all legal requirements and is recognized as a legal entity by the state, while a de facto corporation has not fully complied with all legal requirements and may not have the same legal rights and protections as a de jure corporation.