Please Register or Log in to view the hidden image! http://usnews.nbcnews.com/_news/201...-in-carpool-lane-with-corporation-papers?lite I know there are lots of people, including some members here, that would like to see him loose his case (which is what he wants himself) just to see what ramifications it might have on corporation's legal standing under the law.
Under the law it is true that companies are considered "people" but only in certain legal types of cases that show up in court not as a passenger in a car.
Oh, I agree completely. In fact, I studied business law and have a pretty good grasp of just how far the "personage" extends and where it is cut very short. I've got a pretty good feeling that in this case, in order to prevent creating tiny ripples (no way of creating waves with this), the judge will simply ask the ticketing officer not to show up on the trial date. That way, the charge is simply swept aside without even the defendant being allowed to say a single word.
@ Read Only, I also took some business law courses, and I can recall several things about the incorporation process, but would likely have a hard time forming a corporation now. a) I remember some garbage about needing a "seal", but cannot recall the process of that. b) I remember that a Board of directors must be formed. c) I remember that an address must be given as to the location of the company, and company records must be on hand for auditing at all times. A registered office and mailing address must both be provided. You are not even allowed to use a Post Office Box as a "registered office" as it cannot take legal service, or contain audit records. You can however use a post office box for a private business. I think forming a company without an address, or address given as "my car" might not work in the formation of a company. If it was possible it would take some very fancy legal work that I doubt could exist. Traffic Judges in my city (large enough for carpool lanes) tend to be less formal, and often wear a simple suit and tie and operate without a gavel in a room full of folding tables and chairs. I think the Judge would laugh and perhaps think about it for a whole 2 minutes and then make the man pay his FULL fine, although they are usually easy to talk into a reduced fine or reduced points here. We have the busiest highway in the world 20 lanes wide in some places so maybe we see more traffic violations. http://sites4usca.com/images/401by pearson.jpg A Passenger is defined as a person who rides in a vehicle. So even though a corporation is legally an entity, I doubt it could be shown to be in a car when it requires a fixed (registered office) address. A passenger is defined as a person, and even though a corporation consists of people there is an obvious difference. A car would not be a valid registered office, so therefore the company could not legally move from point a to point b without filing a notice of change; with another permanent registered office. Judges are allowed to judge as they see fit, and a normal judge would laugh at this and give a maximum fine. If the judge has ignored finer points of law there is room for appeal, but that would cost tens of thousands of dollars and would likely lose. I think this guy will be ordered to pay the full ticket, and he will pay.
According to what I remember, all that sounds proper to me. BTW, forming a corp. is *extremely* simple. You provide all the necessary info (officers names, official address, corp name being applied for) to any lawyer practicing general law, he files an application with the Sec. of State in the state the application is being made - generally your own state OR if you want more favorable tax treatment, the state of Delaware is usually the choice for a large business, and it's a done deal. Withing a few weeks you'll receive your formal papers and that seal you mentioned. It's to be applied to all formal documents issued by your corp. A piece of cake! (Except you are out some cash for the whole thing.)
When I said I would likely have a hard time forming a corporation now, I meant without the aid of a lawyer. I likely could assemble an official enough "Articles of Incorporation" (application) on my own, but getting all the paperwork to look (be) official would take some time. Office 2010 likely has all the forms built in although even though I bought it here, I am not sure if the forms in it are Canadian compatible. The law courses I took would probably be enough to get me a job as a legal assistant if I was interested. I had strong English comprehension so breezed through most of my law courses which were basically an extension of English, in my opinion; at the time. I do recall setting up a corporation was a little more complicated than it would seem back then. I am not sure if corporate seals are a necessary part of incorporating today as my education was long ago. The "Articles of Incorporation" you mention the lawyer must prepare was complicated back then. You had to have official books, Seals, Registered Office, Names of Directors, Share Types, Share amounts, and probably lots I am not recalling. I imagine it is a lot less complicated today, and I think the application fee (for articles) is under $400. As a former Soil Engineer I required law courses as I was searching the property title of every contract we had. If I was not driving 200 miles to some farm, I was searching their land title to see what kind of businesses had previously been run on that land. I would then go to the farm and stake out drilling locations based on that information. Maybe once a week I'd show up at the office and file reports (to Editor) based on the lab results and title searches. I was a glorified driver in my opinion, and often made as much from my gas allowances as I did in salary. lots of hiking involved as well, but not the best job in the winter. I have registered several small businesses over the years and if I had any advice to give to anyone in regards to that, it is simply to use your own name unless it is fairly big. It will save a lot of money in registrations and worry about name renewal after 5 years etc. Basically the process for that is you go to "consumer and corporate affairs" (I think still?) with your picked name, and pay your $100 or so. They give you a paper so you can open a business account (another headache) and accept or write checks to/from that business name. Starting a business in your own name is much easier, you just have to start doing your business and declaring it on your taxes. I run my websites under my name, and all customer payments are made to my name. I find it less of a hassle.
Yep. Reminds me of several people here. Like river, Motor Daddy, Mazulu, Prof.Layman and a few others.
If only he had thought to buy a "Carpool Kenny", Please Register or Log in to view the hidden image! Please Register or Log in to view the hidden image! Please Register or Log in to view the hidden image! Carpool Kenny was a Gag on Late Night, but I think they really sell them. Trying to find "Kenny" again I found there are hundreds of dummies used in car pool lanes. Some of them were very realistic. At least Kenny you could stab and deflate if you are being pulled over, and hide him under your seat.
