It may be appropriate, under certain circumstances, for a
central government to run budgetary deficits, whether
caused by current or capital transactions. In local
government units, there is almost always a necessity to
distinguish between such transactions. Moreover, in most
countries, local government units are required by law to
have balanced budgets, without resort to borrowing to
cover current deficits.
A corporate body (legal person), whether a private or a
public sector entity, has a separate legal identity from the
central government and from the members, shareholders, or
electorate who own and manage it. It has its own corporate
name. Typically, its formal decisions are by resolution of its
managing body (board or council). Written documents are
authenticated by its common seal. It may contract, sue and
be sued in its own name. Indeed, unless specifically
prevented by law, it may even sue the central government!
It may also have legal relationships with its own individual
members or with its staff. It is often said to have perpetual
succession, meaning that it lives on, even though the
individual members may die, resign or otherwise cease their
membership.
While a corporation owes its existence to legislation, a
local government unit is established, typically, under
something like a "Local Government Organic Law".
Corporate status differs fundamentally from that of (say)
government departments in a system of de-concentration.
Permanent closure or abolition of a municipal council, or
indeed any change in its powers and duties, would almost
always require formal legal action, typically national
parliamentary legislation.
A local government unit makes its own policy decisions,
some of which, especially the financial ones, often require
approval by a central government authority. Still, the central
government rarely runs, or manages, a local government
unit on a daily basis. The relationship is at arms length and
not hands on. A local government unit usually is
empowered to own land and real estate. Sometimes, public
assets - such as with roads or drainage systems - are deemed
to be "vested in" the local authority because they cannot be
owned in the same way as buildings are.
Q: Local authorities issue bonds, partake in joint ventures,
lend to SME's - in short, encroach on turf previously
exclusively occupied by banks, the capital markets, and
business. Is this a good or a bad thing?
A: Local governments are established to provide services
and perform activities required or allowed by law!
Normally, they won't seek or be permitted to engage in
commercial activities, best left to the private sector.
Public-domain text, read in full here on John Shaqi.
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