Full question:
I wish to file suit in federal court pro se. The suit involves obtaining permits under a corporation name that I am 100% stock holder. A local law was passed and found to be constitutional which states that the permit in a corporation and the stock holder of the corporation are to be treated as one, I have been denied a permit in my name several times because I am the stockholder of the corporation that has one. Federal court does not allow corporations to file pro se, how do I file pro se as a person and a corporation since the Local law was found to be constitutional. I am not looking to challenge the local law.
- Category: Courts
- Subcategory: Pro Se
- Date:
- State: New York
Answer:
Only individuals can represent themselves in court (pro se). A corporation, however, cannot appear pro se; it must be represented by a licensed attorney. Even if you are the sole stockholder of the corporation, you cannot represent it in court without legal counsel. The U.S. Supreme Court has ruled that artificial entities, like corporations, must be represented by attorneys (see Rowland v. California Men's Colony, 506 U.S. 194, 201-03 (1993)). This principle applies to all types of artificial entities. Therefore, under 28 U.S.C. § 1654, which allows parties to represent themselves or be represented by counsel, corporations must have a licensed attorney represent them in federal court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
