Good standing of the company: Overview, definition, and example
What is good standing of the company?
Good standing of the company refers to a legal status indicating that a business entity has complied with all statutory and regulatory requirements in its jurisdiction. This includes filing necessary documents, paying required fees or taxes, and maintaining proper records. A company in good standing is legally authorized to operate and conduct business.
Why is good standing of the company important?
A company’s good standing is important because it ensures that the business is recognized as valid and compliant under the law. For contracts, a good standing clause provides assurance that the company has the legal authority to enter into agreements and fulfill its obligations.
For businesses, maintaining good standing is critical to avoiding penalties, preserving credibility, and ensuring uninterrupted operations. It’s often required when applying for loans, entering contracts, or expanding to other jurisdictions.
Understanding good standing of the company through an example
Imagine a small business applying for a commercial loan. The lender requests proof of the company’s good standing as part of the application process. This confirms that the business has met all regulatory requirements and is authorized to borrow funds.
In another scenario, a tech company enters a licensing agreement with a software vendor. The vendor includes a good standing clause in the contract to ensure the tech company is legally compliant and authorized to execute the agreement.
An example of a good standing clause
Here’s how a good standing clause might appear in a contract:
“The Company represents and warrants that it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation, and has the authority to enter into and perform its obligations under this Agreement.”
Conclusion
Good standing of the company ensures that a business is legally compliant and authorized to operate, reducing the risk of legal or financial complications. Including a good standing clause in contracts provides assurance that both parties are compliant with applicable laws, fostering trust and accountability. For businesses, maintaining good standing is essential to building credibility and avoiding operational interruptions.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.