Which type of corporation does not need to file articles of incorporation to gain juridical personality?

Prepare for your Partnership and Corporation Exam with engaging flashcards and multiple-choice questions. Each question comes with hints and detailed explanations. Boost your confidence and ace the exam!

The type of corporation that does not need to file articles of incorporation to gain juridical personality is a corporation by prescription. This type of corporation arises from the long-standing operation of a business as a corporation, even if it has not formally filed the necessary documents to incorporate. Over time, the continual operation and acceptance by the public may lead to it being recognized as a corporation by law, despite the absence of formal incorporation.

The concept of a corporation by prescription illustrates a legal principle where recognition is granted based on the established and consistent practice rather than strict adherence to the formal requirements of incorporation. This is important because it allows for entities to gain a legal status as a corporation even when procedural steps have not been followed.

In contrast, corporations that are established through other means, such as de facto corporations, ostensible corporations, and de jure corporations, require some formal action or recognition, such as the filing of articles of incorporation. De facto corporations exist when there is an attempt to form a corporation but some legal requirement is not met, while de jure corporations are fully compliant with all legal requirements, including filing articles of incorporation. Ostensible corporations involve situations where a business appears to be a corporation, but lacks the formal status or recognition as such.

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