A charter is the grant of
authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The Ne ...
or
rights, stating that the granter formally recognizes the
prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or
sovereignty), and that the recipient admits a limited (or inferior) status within the relationship, and it is within that sense that charters were historically granted, and it is that sense which is retained in modern usage of the term.
The word entered the
English language from the
Old French ''charte'', via
Latin ''charta'', and ultimately from
Greek χάρτης (''khartes'', meaning "layer of papyrus"). It has come to be synonymous with a document that sets out a grant of rights or privileges.
Other usages
The term is used for a special case (or as an exception) of an institutional charter. A
charter school
A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autono ...
, for example, is one that has different rules, regulations, and statutes from a state school.
Charter can be used as a synonym for "hire" or "lease", as in the "charter" of a
bus
A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a road vehicle that carries significantly more passengers than an average car or van. It is most commonly used in public transport, but is also in use for cha ...
or
boat
A boat is a watercraft of a large range of types and sizes, but generally smaller than a ship, which is distinguished by its larger size, shape, cargo or passenger capacity, or its ability to carry boats.
Small boats are typically found on inl ...
or
plane
Plane(s) most often refers to:
* Aero- or airplane, a powered, fixed-wing aircraft
* Plane (geometry), a flat, 2-dimensional surface
Plane or planes may also refer to:
Biology
* Plane (tree) or ''Platanus'', wetland native plant
* ''Planes' ...
.
A charter member (US English) of an organization is an original member; that is, one who became a member when the organization received its charter. A chartered member (British English) is a member who holds an
individual chartered designation authorized under that organization's royal charter.
Different types of charters
Anglo-Saxon charters
Anglo-Saxon
The Anglo-Saxons were a cultural group who inhabited England in the Early Middle Ages. They traced their origins to settlers who came to Britain from mainland Europe in the 5th century. However, the ethnogenesis of the Anglo-Saxons happened wit ...
charters are documents from the
early medieval period in
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
which typically make a grant of
land
Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...
or record a privilege. They are usually written on
parchment, in
Latin but often with sections in the vernacular, describing the bounds of estates, which often correspond closely to modern parish boundaries. The earliest surviving charters were drawn up in the 670s; the oldest surviving charters granted land to the
Church, but from the 8th century surviving charters were increasingly used to grant land to
lay people.
Charter colony
The
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
used three main types of colonies as it sought to expand its territory to distant parts of the earth. These three types were royal colonies,
proprietary colonies, and corporate colonies. A charter colony by definition is a "colony chartered to an individual, trading company, etc., by the
British crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
."
charter colony - Definitions from Dictionary.com
/ref> Although charter colonies were not the most prevalent of the three types of colonies in the British Empire, they were by no means insignificant.
Congressional charter
A congressional charter is a law passed by the United States Congress that states the mission, authority, and activities of a group. Congress issued federal charters from 1791 until 1992 under Title 36 of the United States Code.
Municipal charter
A ''municipal corporation'' is the legal term for a local governing body, including (but not necessarily limited to) cities
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be de ...
, counties, towns, township
A township is a kind of human settlement or administrative subdivision, with its meaning varying in different countries.
Although the term is occasionally associated with an urban area, that tends to be an exception to the rule. In Australia, C ...
s, charter township
A charter township is a form of local government in the U.S. state of Michigan. Townships in Michigan are organized governments. A charter township has been granted a charter, which allows it certain rights and responsibilities of home rule that ...
s, villages, and boroughs. ''Municipal incorporation'' occurs when such municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
become self-governing entities under the laws of the state or province in which they are located. Often, this event is marked by the award or declaration of a municipal charter, a term used because municipal power was historically granted by the sovereign, by royal charter.
Order charter
Charters for chivalric orders and other orders, such as the Sovereign Military Order of Malta.
Project charter
In project management, a project charter or project definition (sometimes called the terms of reference) is provided by the sponsor to formally authorize the existence of a project. It provides a preliminary delineation of roles and responsibilities, outlines the project purpose and objectives, identifies key stakeholders, and defines the authority of the project manager. It serves as a reference of authority for future planning of the project. The project scope is developed from the project charter.
Royal charter
In medieval Europe, royal charters were used to create cities (i.e., localities with recognised legal rights and privileges). The date that such a charter was granted is considered to be when a city was "founded", regardless of when the locality originally began to be settled.
The Charter of 1814
The French Charter of 1814 was a constitutional text granted by King Louis XVIII of France shortly after the Bourbon Restoration, in form of royal charter. The Congress of Vienna demanded that Louis bring in a constitution of some form before ...
, France's constitution during the Bourbon Restoration Bourbon Restoration may refer to:
France under the House of Bourbon:
* Bourbon Restoration in France (1814, after the French revolution and Napoleonic era, until 1830; interrupted by the Hundred Days in 1815)
Spain under the Spanish Bourbons:
* Ab ...
, was thus called to promote the legal fiction that the King had granted it “voluntarily, and by the free exercise of isroyal authority”, in the manner of medieval charters.
At one time a royal charter was the only way in which an incorporated body could be formed, but other means (such as the registration process for limited companies
In a limited company, the liability of members or subscribers of the company is limited to what they have invested or guaranteed to the company. Limited companies may be limited by shares or by guarantee. In a company limited by shares, the liab ...
) are generally now used instead.
University charter
A university charter is a charter issued to create or recognise a university. The form of charter used varies by period and jurisdiction.
Inspeximus charter
A charter of "Inspeximus" (Latin, literally "We have inspected") is frequently a royal charter, by which an earlier charter or series of charters relating to a particular foundation (such as a monastery or a guild) was recited and incorporated into a new charter, usually in order to confirm and renew its validity under present authority. Where the original documents are lost, an inspeximus charter may sometimes preserve their texts and lists of witnesses.
Corporate charter
See Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constituti ...
.
See also
* Articles of association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constituti ...
* Articles of incorporation
Article often refers to:
* Article (grammar), a grammatical element used to indicate definiteness or indefiniteness
* Article (publishing), a piece of nonfictional prose that is an independent part of a publication
Article may also refer to:
G ...
* Atlantic Charter
The Atlantic Charter was a statement issued on 14 August 1941 that set out American and British goals for the world after the end of World War II. The joint statement, later dubbed the Atlantic Charter, outlined the aims of the United States an ...
* Certificate of incorporation A certificate of incorporation is a legal document/license relating to the formation of a company or corporation. It is a license to form a corporation issued by state government or, in some jurisdictions, by non-governmental entity/corporation. It ...
* Charter Roll A charter roll is an administrative record created by a medieval chancery that recorded all the charters issued by that office.
Origins
In medieval England, King John in 1199 established a fixed rate of fees for the sealing of charters and lette ...
* Charter school
A charter school is a school that receives government funding but operates independently of the established state school system in which it is located. It is independent in the sense that it operates according to the basic principle of autono ...
* Chartered company
A chartered company is an association with investors or shareholders that is incorporated and granted rights (often exclusive rights) by royal charter (or similar instrument of government) for the purpose of trade, exploration, and/or coloniza ...
* ''Collegium
A (plural ), or college, was any association in ancient Rome that acted as a legal entity. Following the passage of the ''Lex Julia'' during the reign of Julius Caesar as Consul and Dictator of the Roman Republic (49–44 BC), and their reaf ...
''
* Earth Charter
The Earth Charter is an international declaration of fundamental values and principles considered useful by its supporters for building a just, sustainable, and peaceful global society in the 21st century. Created by a global consultation process, ...
* Freedom Charter
* '' Fueros'' (Spanish version)
* General incorporation law The history of corporate law in the United States concerns the development of the corporation, primarily as a business organization, under the different United States corporate law, including federal regulation.
Common law
The United Kingdom requir ...
* Magna Carta
* Medieval Bulgarian royal charters
* Papal Bull
* United Nations Charter
References
Further reading
* Kemp,Roger L., "Model Government Charters: A City, County, Regional, State, and Federal Handbook," McFarland and Co., Inc., Publisher, Jefferson, NC, and London, ENG (2007). ().
* Kemp, Roger L., "Documents of American Democracy: A Collection of Essential Works," McFarland and Co., Inc., Jefferson, NC, and London, ENG. (2010). ().
External links
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{{Authority control
Contract law
Feudalism
Legal documents
Organizational documents
Real property law