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Gay Corporations
Submitted by danyell on Tue, 12/14/2004 - 12:14am.
Editorial | Experiment | Org Models | Property
In the presidential election of 2004, eleven states passed gay-marriage bans. These bans, as I understand them, preclude gay couples from asserting a number of rights (health insurance, survivor benefits etc.) afforded other couples via the legal institution of marraige. But what of other legal institutions?
I propose the creation of a web site, gaycorp.com, that ofers a service similar to The Company Corporation (http://www.corporate.com/). TCC is the leading brand for instant online incorporation of businesses (e.g. if you want to create a Delaware Corp.).
TCC dramatically simplifies, streamlines, and "packages" the process of forming a corporation, LLC or LLP and registering it with the proper authorities. The "Economy Package" (for a standard Class C Corporation) costs about $150.
gaycorp.com (or whatever you want to call it) would offer specially-designed packages that would afford to same-sex couples, non-traditional family units, indeed pairs, threesomes and cohabitating tribes of any stripe, the ability to codify legally-protected bonds among themselves.
These entities would of course have the rights of legal persons (as do all corporations), and be required by law to protect the interests of their shareholders (the happy couple).
The LLC or LLP are most likely the best legal structures for this. The "package" could include pre-fab Corporate Resolutions for couples to assign all their assets to the corporation, offer health insurance to its shareholders, and dispositions of property (in the event of a shareholder's death, etc.).
Divorce would also be quite straightforward, tantamount to a dissolution of the LLC and liquidation of its assets, with the shareholders being first in line, of course.
gaycorp.com itself could be formed as a 501C3, enjoying benefits and protections particular to non-profit organizations. Or it could, quite possibly, be a profitable business enterprise in its own right, perhaps donating a percentage of its profits to relevant lobbying groups.
