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So, one of the difference between a partnership and
corporation as I was saying earlier is the matter of creation.
Partnership are created by contracts so it is basically a
contractual agreement between the parties. So the moment that there is an agreement, the partnership exists. Whereas a corporation is created by law. So the agreement between the stockholders to create the corporation is not sufficient. It does not give rise to the existence of the corporation yet.
QUESTION: So when does the corporation exist?
Only from the moment that the State gives approval to the creation of the corporation.
QUESTION: Which body of the State gives the
approval?
Securities and Exchange Commission (SEC). That is the