Meaning and Concept of Corporation Sole
A Corporation Sole is a special type of juristic person consisting of a single office occupied by one person at a time, with perpetual succession. Unlike a corporation aggregate, which is made up of many members, a corporation sole is formed to ensure continuity of office and property despite changes in the office-holder. The legal personality is attached to the office, not to the individual. Upon the death, resignation, or removal of the office-holder, the successor automatically assumes rights, duties, and property of the corporation.
Legal Nature and Characteristics
The main characteristics of a corporation sole include perpetual succession, the capacity to hold and transfer property, and the ability to sue and be sued in its corporate name. It is created either by statute or long-established custom. The purpose of this legal concept is administrative convenience and continuity, especially where property is attached to an office. In India, a corporation sole is recognized under Section 3(42) of the General Clauses Act, 1897, which defines a “person” to include artificial juridical persons, thereby covering corporations sole.
Importance and Scope in Law
Corporation sole plays an important role in public administration and religious institutions. Offices such as the President of India, Governors, and certain religious heads are treated as corporations sole for legal purposes. This ensures that property and legal obligations attached to the office do not lapse or get transferred to personal heirs. It avoids legal confusion and protects public or institutional property from personal claims, thereby ensuring stability and continuity in governance.
Real-Time Illustration
A common example of a corporation sole is the President of India. Although different individuals occupy the office at different times, the legal personality of the President remains continuous. Any property, contracts, or legal proceedings involving the President continue unaffected by the change of office-holder. Similarly, a bishop in a church may be treated as a corporation sole to ensure continuity of church property.
Mnemonic for Easy Recall
A simple mnemonic to remember Corporation Sole is “OFFICE”.
O – One person
F – Fixed office
F – Forever (perpetual succession)
I – Institutional personality
C – Continuity ensured
E – Estate held by office
Call to Action
Corporation Sole is an important concept under juristic persons in jurisprudence and is frequently asked in LLB and judicial service examinations. Understanding its meaning, features, legal basis, and examples helps in writing clear and precise answers. For more exam-oriented jurisprudence topics explained with statutory references, real-life illustrations, and easy mnemonics, visit lawgana.in. Strengthen your jurisprudence preparation by exploring lawgana.in today.
