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Duties of a Legal Assistant in Determining and Creating Capacity to Sue Government Entity Partnership or Business Using Assumed Name Corporation Minor or Incompetent Cure the lack of capacity to sue: Draft petition for appointment of a guardian for a minor, or appoint a conservator or guardian for someone senile or incompetent. Check the legal status of the plaintiff corporation to ensure it is either
A de jure corporation - a corporation formed in compliance with the rules and regulations of applicable state law, or
A de facto corporation - an organization that exercises corporate powers and franchises under color of law (existence of a law that states the assumed rights, attempt by the corporation to incorporate under this law, and its exercise of corporate powers) If a business name is a fictitious name, the name must have been registered or filed under the Fictitious Names Act in the state where it does business. Suits against government entities are allowed only if the entity lacks sovereign immunity, which will depend on state law. Under some circumstances, a government entity may bring an action on behalf of someone else. Some state statutes require following certain procedures prior to filing suit.