Talk:body corporate
Add topicLatest comment: 4 years ago by John Cross in topic RFV discussion: April 2020
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I am not sure about the "property management company sense" - it seems too specific. Also, I think the other two sense can be combined. John Cross (talk) 21:04, 11 April 2020 (UTC)
- I suspect that might be an Australian usage – try looking for quotations. However, if so, the definition is inaccurate. A body corporate is not a "property management company" but a legal person that owns the common property under a community titles scheme (for example, a residential condominium), and is made up of all the people that own titles in the scheme. See, for example, [1]. Very often, the members of the body corporate will hire a professional property management company to manage the body corporate on their behalf. — SGconlaw (talk) 21:39, 11 April 2020 (UTC)
- It's not just Australian - we have them here in New Zealand as well. Kiwima (talk) 22:14, 11 April 2020 (UTC)
- I wondered about that, but I don’t know the New Zealand position. — SGconlaw (talk) 06:19, 12 April 2020 (UTC)
- cited Kiwima (talk) 22:28, 11 April 2020 (UTC)
- It's not just Australian - we have them here in New Zealand as well. Kiwima (talk) 22:14, 11 April 2020 (UTC)
Regarding senses 1 and 2, I think sense 1 is all right, but think sense 2 might be problematic unless there’s evidence of such usage. To my mind, a corporation is a type of legal person – in other words, it is a hyponym of it, not a synonym. — SGconlaw (talk) 06:24, 12 April 2020 (UTC)
- Actually, I think the problem is the other way around. Definition 1 (a legal person) is circular, since our definition of "legal person" is "An aggregate of persons, legal entity, or body corporate who have (some of) the legal rights and responsibilities of a natural person under the law." Sense 2 is pretty accurate (and I have now cited it), but only insofar as one is talking about the corporation as a legal person. Kiwima (talk) 22:17, 12 April 2020 (UTC)
- OK, but we’re now missing the sense of an artificial entity endowed with legal personhood that is not a corporation. In Singapore, and I suspect in other common law countries as well, bodies corporate are sometimes established by statute. These are distinct from companies or corporations because they are not set up under the legislation relating to the latter entities. — SGconlaw (talk) 04:28, 13 April 2020 (UTC)
- OK, how about you find citations for "body corporate" meaning a legal person that is not a corporation and add them? Kiwima (talk) 22:06, 13 April 2020 (UTC)
- OK, but we’re now missing the sense of an artificial entity endowed with legal personhood that is not a corporation. In Singapore, and I suspect in other common law countries as well, bodies corporate are sometimes established by statute. These are distinct from companies or corporations because they are not set up under the legislation relating to the latter entities. — SGconlaw (talk) 04:28, 13 April 2020 (UTC)
- Actually, I think the problem is the other way around. Definition 1 (a legal person) is circular, since our definition of "legal person" is "An aggregate of persons, legal entity, or body corporate who have (some of) the legal rights and responsibilities of a natural person under the law." Sense 2 is pretty accurate (and I have now cited it), but only insofar as one is talking about the corporation as a legal person. Kiwima (talk) 22:17, 12 April 2020 (UTC)
RFV-passed Kiwima (talk) 23:47, 20 April 2020 (UTC)
- I am happy with sense three based on the qld.gov.au link above - contrary to what I had thought, there really is a distinct sense here. John Cross (talk) 07:18, 21 April 2020 (UTC)