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Legal Definitions - perpetual succession
Definition of perpetual succession
Perpetual succession describes a characteristic of certain legal entities, such as corporations, where the entity continues to exist indefinitely, regardless of changes in its ownership, management, or membership. This means the organization's legal identity and operations are not affected by the death, resignation, or removal of its individual members, directors, or shareholders. The entity is considered a separate legal person that can outlive its human constituents, ensuring its continuity over time.
Example 1: A publicly traded technology company
Imagine "TechGlobal Inc.," a large company whose shares are bought and sold on the stock market every day. Over the years, its CEO might retire, several board members could resign, and millions of shares might change hands among different investors. Despite these constant changes in its human leadership and ownership, TechGlobal Inc. itself continues to operate, sign new contracts, develop products, and exist as a single legal entity. This demonstrates perpetual succession because the company's legal existence is independent of the individuals who lead or own it at any given moment.
Example 2: A municipal government
Consider "The City of Evergreen." Every few years, elections are held, and new mayors, city council members, and other officials are voted into office. City employees also retire or move on. However, The City of Evergreen as a legal entity continues to exist, own public property, maintain infrastructure, provide services to its residents, and incur obligations. Its legal status and ability to function are not terminated or reset with each change in political leadership or staff. This ongoing existence, despite the turnover of its human representatives, is an example of perpetual succession.
Example 3: A long-standing charitable foundation
The "Community Uplift Foundation" was established over a century ago to support local educational initiatives. Since its inception, numerous individuals have served on its board of trustees, managed its endowment, and overseen its grant-making activities. As trustees pass away or complete their terms, new ones are appointed. Yet, the Community Uplift Foundation itself, as a legal non-profit entity, continues to hold assets, pursue its mission, and operate under its original charter. Its existence is perpetual, allowing it to fulfill its long-term charitable goals across generations of human involvement.
Simple Definition
Perpetual succession refers to a legal entity's continuous existence, unaffected by changes in its membership, ownership, or management. This means the entity maintains its legal identity and operations even if individual members die, resign, or are replaced.