Charter
   HOME

TheInfoList



OR:

A charter is the grant of authority or
rights Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory ...
, stating that the granter formally recognizes the
prerogative In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. Th ...
of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
), 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 English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the ...
from the
Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intel ...
''charte'', via
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''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, 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 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 i ...
or plane. 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 which typically make a grant of land or record a privilege. They are usually written on
parchment Parchment is a writing material made from specially prepared untanned skins of animals—primarily sheep, calves, and goats. It has been used as a writing medium for over two millennia. Vellum is a finer quality parchment made from the skins ...
, in
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
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 Church may refer to: Religion * Church (building), a building for Christian religious activities * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian communal worship * Chri ...
, 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 e ...
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."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 The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
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, counties,
town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an o ...
s,
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, ...
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 tha ...
s,
village A village is a clustered human settlement or community, larger than a hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typically ranging from a few hundred ...
s, and
borough A borough is an administrative division in various English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History In the Middle Ag ...
s. ''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 ...
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 A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, b ...
.


Order charter

Charters for
chivalric order An order of chivalry, order of knighthood, chivalric order, or equestrian order is an order of knights, typically founded during or inspired by the original Catholic military orders of the Crusades ( 1099–1291) and paired with medieval conc ...
s and other orders, such as the
Sovereign Military Order of Malta The Sovereign Military Order of Malta (SMOM), officially the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta ( it, Sovrano Militare Ordine Ospedaliero di San Giovanni di Gerusalemme, di Rodi e di Malta; ...
.


Project charter

In
project management Project management is the process of leading the work of a team to achieve all project goals within the given constraints. This information is usually described in project documentation, created at the beginning of the development process. T ...
, a project charter or project definition (sometimes called the
terms of reference Terms of reference (TOR) define the purpose and structures of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. Terms of reference show how the object ...
) 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, 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.


See also

* Articles of association * Articles of incorporation *
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 and ...
* Certificate of incorporation *
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 * Chartered company * '' Collegium'' * Earth Charter *
Freedom Charter The Freedom Charter was the statement of core principles of the South African Congress Alliance, which consisted of the African National Congress (ANC) and its allies: the South African Indian Congress, the South African Congress of Democrats ...
* '' 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

* * {{Authority control Contract law Feudalism Legal documents Organizational documents Real property law