What defines a domestic or foreign corporation?

A domestic or foreign corporation is defined by its status as a legal entity that is separate from its shareholders. Corporations are established under state law and possess their own rights, responsibilities, and liabilities distinct from those of their owners. This separation is crucial because it allows the corporation to own property, enter contracts, and be held liable independently of the personal assets of shareholders.

This distinction is not applicable in the context of an individual operating a business, as that suggests a sole proprietorship rather than a corporate structure. Similarly, a partnership, which involves two or more individuals working together, does not create a separate legal entity and relies on the personal assets of its partners for liability. An unincorporated group of individuals also lacks the formal legal structure and protections provided to corporations.

Thus, the correct identification of a corporation hinges on its classification as a legal entity that exists independently from its owners, enabling it to function in various legal and business capacities.