Principle

CIVIL PROCEDURE — Capacity to Sue — Incorporated Company — Failure to Produce Certificate of Incorporation Fatal to Case

Area of law
CIVIL PROCEDURE
Court
Supreme C

The burden of proving a company's legal existence lies on the company when challenged. Failure to produce the certificate of incorporation is fatal. The company cannot rely on mere assertions. The court cannot assume incorporation. The principle applies even if the company's name appears on…

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