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3.3 the consequences of incorporation/separate legal
personality
In general terms, a company, because it is a corporation, is a person in law separate from any and all of the individuals involved in the company whether those individuals are its owners/shareholders, its managers/directors or are involved in some other way.
In general terms a company has the capacity to both:
n enjoy (by virtue of its existence), or acquire, enforceable legal rights or property; and n be (by virtue of its existence), or become subject to, enforceable legal obligations and
liabilities.
In specific terms, a company:
n can own property
n can be a party to a contract
n can act tortiously
n can be a victim of tortious behaviour n can commit a crime
n can be the victim of a crime
n can sue and be sued
n has a nationality
n has a domicile
n has human rights.
All of the above rights and liabilities parallel the capacity of an individual but the scope and content of some of those rights and liabilities are not exactly the same as those of an individual. For example, although some human rights make sense in the context of an artificial person, others do not. Examples of human rights set out in the European Convention on Human Rights (ECHR) exercisable by companies are: