Legal Definitions - official

In a legal context, the term "official" describes something that carries formal authority or is done with the specific powers granted to an individual in a position of public trust or corporate leadership. It signifies an action, document, or status that is formally recognized and legally binding because it originates from an authorized individual acting within their designated capacity.

When applied to government, an "official act" is a decision or action taken by a public official (someone elected or appointed to serve the government) that involves the formal use of their governmental power. This means it's more than just general influence or conversation; it must be a specific step taken on a matter that is or could be formally before them in their role. For instance, merely arranging a meeting or discussing an issue informally would not typically be considered an "official act" unless it directly leads to or is part of a formal exercise of government authority.

Within a corporation, "official" refers to the actions or roles of individuals who hold positions of significant authority, such as members of the board of directors or senior executives (like a Chief Executive Officer or Chief Financial Officer). Their "official" capacity allows them to make decisions and take actions that legally bind the company.

Here are some examples to illustrate the concept of "official":

• Example 1: A Government Official's Formal Action

  Imagine a state environmental protection agency director issuing a permit for a new industrial facility after reviewing its compliance with all state regulations. This permit allows the facility to begin construction and operation.

  Explanation: This is an official act because the agency director, as a public official, is formally exercising their governmental power to grant a legally binding authorization. The issuance of the permit is a specific decision on a matter formally before their agency, directly impacting the facility's legal right to operate.

• Example 2: A Government Official's Informal Interaction

  Consider a county commissioner who attends a community picnic and, during casual conversation, expresses their personal opinion that a new public park would be a great idea for the area.

  Explanation: While the individual is a public official, their casual remark at a picnic, without any formal proposal, vote, or agreement to take specific action on a park project, would generally not be considered an official act. It lacks the formal exercise of governmental power required for an act to be legally deemed "official."

• Example 3: A Corporate Official's Binding Decision

  The Chief Executive Officer (CEO) of a technology company signs a contract to acquire a smaller startup, committing the company to a multi-million dollar purchase.

  Explanation: This is an official act by a corporate official. The CEO, acting in their designated capacity, has the authority to make decisions that legally bind the corporation. Signing the acquisition contract is a formal action that commits the company to a significant transaction, making it an official corporate act.