Public-domain · open source
OpenJurist

foreign corporation

Defined in 5 dictionaries — U.S. Code, Ballentine's (1916), Bouvier (1914), Black's (1891), Burrill (1850)

United States Code

22 U.S.C. § 2778 — under this section

the term “foreign corporation” means a corporation that is not incorporated in the United States;

Ballentine's Law Dictionary

James A. Ballentine · 1916

A corporation formed under the laws of another state or country and unincorporated companies of foreign countries having corporate attributes. See 77 U. S. 566, 19 L. Ed. 1029.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

One created by or under the laws of any other state or government A corporation is a person in most, senses and for most purposes of legal administration, and for the purposes of determining the Jurisdiction of the federal courts it is a citizen, but it is not such in the sense that a natthe states. As to whether they are citizens or persons, see those titles. “A corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists pnly in contemplation of law, and by force of the law, and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty;” Taney, C. J., in Bank of Augusta V. Earle, 13 Pet. (U. S.) 519, 10 L. Ed. 274; Rece v. Newport News Co., 32 W. ‘Va. 164, 9 S. E. 212, 3 L. R. A. 672. It may contract in other states within the scope of its own powers and subject to the laws of the lex loci contractus or the lex loci solutionis, as the case may be, as natural persons may contract where they do not reside. “And what greater objection can there be to the capacity of an artificial person, by its agents, to make a contract within the scope of its limited powers, in a sovereignty in which it does not reside, provided such contracts are permissible by the law of the place?” Bank of Kentucky v. Bank, 1 Pars. Eq. Cas. (Pa.) 180, 225. See Bard v. Poole, 12 N. T. 495; Connecticut Mut. I.lfe Ins. Co. v. Cross, 18 Wls. 109. In the absence of proof, the validity of such contracts is presumed; Boulware V. Davis, 90 Ala. 207, 8 South. 84, 9 L. R. A. 601; Wood Hydraulic Hose Min. Co. v. King, 46 Qa. 34; New York Floating Derrick Co. V. Oil Co., 3 Duer (N. Y.) 648. Unless expressly forbidden to do so a corporation may acquire rights of contract and property in a foreign jurisdiction; Mulford Co. v. Curry, 163 Cal. 276, 125 Pac. 236; private corporations will be permitted to transact in other states the business authorized by the state of their creation; State v. Water Co., 61 Kan. 547, 60 Pac. 337; subject to any limitations imposed by express legislation; Chicago Title & Trust Co. V. Bashford, 120 Wis. 281, 97 N. W. 940; American Waterworks Co. v. Trust Co., 73 Fed. 956, 20 C. C. A. 1.33; or to the laws and policy of the state in which it does business; Hyde v. Scott, 76 Mlsc. 487, 133 N. Y. Supp. 904. “Every power, however, which a corporation exercises in another state, depends for its validity upon the laws of the sovereignty in which it is exercised, and a corporation can make no valid contract without their sanction, express or implied;” Taney, 0. J., in Bank of Augusta v. Earle, 13 Pet. (U. S.) 619, 588, 10 L. Ed. 274; any other exercise of power by it rests absolutely upon the doctrine of comity; id.; State v. Packing Co., 110 La. 180, 34 South. 368, 98 Am. St. Rep. 459; State v. Telephone & Telegraph Co., 114 Tenn. 194, 86 S. W. 890; Chapman v. Cash Register Co., 82 Tex. Civ. App. 76, 73 S. W. 969; In re Wlllmer’s Estate, 153 App. Div. 804, 138 N. Y. Supp. 649; Model Heating tlons, process and renledial jurisdiction of the state of business or temporary domicil; Clark V. R. Co., 81 Me. 477, 17 Atl. 497; Austin V. R. Co., 25 N. J. L. 381; Riddle v. R. Co., 89 Fed. 290; Attorney General v. Min. Co., 99 Mass. 148, 96 Am. Dec. 717; People

A Dictionary of Law

Henry Campbell Black · 1891

A corporation created by or under the laws of another state, government, or country.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

A corporation created by or under the laws of another state, government or country.* 2 N. Y. Rev. Stat. [469,] 376, § 16.