Can a Single Member LLC Represent Itself in Court?
Full Question:
Answer:
The analysis made by the courts focuses on the artificial nature of the entity, rather than the number of interests represented or the number of officers\members and adequacy of representation. Because corporations are artificial entities that can only act though their agents, courts often have a general common law rule, recognized by courts in other jurisdictions, including all federal courts, that corporations appearing in court proceedings must be represented by an attorney. A corporation is a separate legal entity. It's artificial so it can't represent itself. Only an attorney can represent someone else in court. So an officer who is not an attorney cannot represent a Corporation. While a natural person who is not an attorney may appear in propria persona, a corporation is not a natural person and can neither practice law nor appear or act in person. In court, a corporation can act only through licensed attorneys. A corporation cannot appear in court by an officer who is not an attorney.
