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Sole traders, partnerships and other unincorporated organisations are not incorporated, and therefore are not corporations. Accordingly, they cannot be considered constitutional corporations.
A sole trader is someone who trades by him or herself without the use of company structure or partners, and bears the full responsibility for the actions of the business.
A partnership is an arrangement between two or more people who join forces to operate a business and share in the profits.
Examples of employers who are not constitutional corporations include:
- unincorporated organisations
- sole traders
- incorporated organisations where trading or financial activities are not a significant or substantial part of the activities of the organisation
- certain state government public sector employers.