In the United States the power to be a corporation is a franchise
which can only exist through the legislature. There are two distinct
methods in which corporations may be called into being: First, by a
specific grant of the franchise to the members, and, second, by a
general grant which becomes operative in favour of particular persons
when they organise for the purpose of availing themselves of its
provisions. When the specific grant is made it is called a charter. In
the case of private corporations the charter must be accepted by the
members, since corporate powers cannot be forced upon them against
their will; but the charter is sufficiently accepted by their acting
under it. When special charters are not granted individuals may
voluntarily associate, and by complying with the provisions of certain
State laws may take to themselves corporate powers. In some of the
States private corporations are not suffered to be created otherwise
than under general laws, and in others public corporations are created
in the same way.