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HomeCorporations Code§ 10008 Corporation Sole Continuity Rights

§ 10008 Corporation Sole Continuity Rights

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10008 Corporation Sole Continuity Rights

This law says that a 'corporation sole' (a special kind of organization, often a church or religious group led by one person) never really ends, even if the leader leaves or dies. It can still get gifts, money, or property, and any deals it made stay in place.

Key Takeaways

  • •A 'corporation sole' (like a church with one leader) keeps going forever, even if the leader leaves or dies.
  • •It can still receive gifts, money, or property even if there’s no leader at the moment.
  • •Any deals or contracts it made don’t get canceled just because the leader is gone.

Example

A church is led by one bishop, and he passes away. Before he died, the church was given a piece of land as a gift.

Even though the bishop is gone, the church (as a 'corporation sole') still owns the land and can use it. Any contracts or deals the bishop made for the church also stay valid.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10008 Corporation Sole Continuity Rights

Every corporation sole has perpetual existence and also has continuity of existence, notwithstanding vacancies in the incumbency thereof. During the period of any such vacancy, the corporation sole has the same capacity and right to receive and take any gift, bequest, devise, or conveyance of property, either as grantee for its own use, or as trustee, and to be or be made the beneficiary of a trust, as though there were no vacancy. No agency created by a corporation sole by a written instrument which in express terms provides that the agency thereby created shall not be terminated by a vacancy in the incumbency of the corporation is terminated or affected by the death of the incumbent of the corporation or by a vacancy in the incumbency thereof, however caused. (Enacted by Stats. 1947, Ch. 1038.)

Last verified: January 10, 2026

Key Terms

corporation soleperpetual existencecontinuity of existencevacancy in the incumbencyagencyterminated by a vacancy

Related Statutes

  • § 10001 Corporation Sole Continuation Election
  • § 10002 Religious Corporation Formation Rules
  • § 10005 Religious Corporation Formation Filing
  • § 10007 Corporation Sole Legal Powers
  • § 10009 Corporation Sole Book Access

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 10008.
View Official Source