Unincorporated, Corporate, and Incorporated

 

Judge Anna

Strange as it seems to me, nobody teaches this basic concept.

You, a living being, are unincorporated. You have no name. You are complete in and of yourself.  You exist with or without the say-so of any other authority.  This is why all sovereign entities are unincorporated.  Whatever you are and whatever you mean is fully expressed in the context of your own being.
Your parents gave you a Trade Name.  A Trade Name is an corporate construct.  It’s fictional.  It depends on who knows it, who uses it, and what meaning attaches to it.  “Mary Lynn Jensen” is exactly the same kind of corporate abstraction as “Jones and Sons, Tailors”.  These entities are also unincorporated, but because they are fictional, merely made up out of thin air, they depend for their existence on people creating and using them for whatever purposes.
There is one additional level of abstraction — that of “incorporation”. This takes the entire process a step further, and involves corporate entities creating “incorporated” entities.  An original unincorporated business called “Hawaiian King Kung Fu”  can choose to incorporate under the umbrella of a larger corporation, such as the “State of New York” and by receiving a charter from “State of New York” becomes “incorporated” as a franchise of the “State of New York”, now called “Hawaiian King Kung Fu, Incorporated”.
In all honest states and countries, it is obligatory for such businesses to clearly and unequivocally declare their status and nature.  All incorporated entities are supposed to include the words “Incorporated” or “LLC” or “LLP” or “Cooperative” or “Foundation” or whatever else, as part of their “doing business as” name, so that people know up front what kind of business they are dealing with.
Unfortunately, not all states and countries have always imposed this requirement on “incorporated” entities, which has led to vast amounts of fraud and confusion, as when the Government of Scotland created a commercial corporation doing business as “The United States of America” and did not require it to make the word “Incorporated” part of its name.
The Government of Scotland continues to play fast and loose and has recently issued a charter for THE UNITED STATES OF AMERICA —- still without any reference to the fact that it is THE UNITED STATES OF AMERICA, INCORPORATED, and has nothing to do with The United States of America [Unincorporated].
So buyer beware and fraud artists take note.

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