Is the Pro Se Trustee of a Joint Stock Company the “Real Party in Interest” and can He, She or It Represent the Company as Plaintiff or Defendant in a Court of Law?
IT cannot be legally questioned that the “Real Party in Interest” can and must represent himself or herself or itself in a Court of Law Pro Se.
It is well settled that a public entity such as a corporation, LLC or trust, etc., must be represented in a court of law by a licensed attorney. The reasoning is that none of the officers, directors, stockholders, or trustees qualifies as the “Real Party in Interest”; that is, they do not have the necessary essential elements of legal and equitable ownership in order to qualify.
In C. E. Pope Equity Trust vs. U.S., 818 F. 2d 696, the trustee was not the actual beneficial owner of the claims, thus the trustee was not the “Real Party in Interest.” Therefore, the negative or opposite of In C. E. Pope Equity Trust vs. U. S., supra, determination must be true. A trustee that has actual beneficial ownership of the claim would be the “Real Party in Interest.”
Again in Heiskel v. Mozie, 82 F. 2d 861, the words “the party” means the party in Interest—the real beneficial owners of the claim in the suit. The party must also have legal title to the property. Heiskel v. Mozie, supra.
In the State Courts, the “Real Party in Interest” is the person who will be entitled to the benefits of the action. Sunshine Oil Co., Limited v. Chantry, 96 P.2d 20.
The Texas Joint Stock company has a provision in its indenture which states, part: “The property will be immediately assigned, conveyed and delivered unto said Trustee(s), in an irrevocable contract, who holds title in fee simple and control as joint
tenants and to collectively act by virtue of this Contract as a Board of Trustee(s) under the collective name herein designated.”