In law, individual capacity is a ''
term of art
Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...
'' referring to one's status as a
natural person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the bro ...
, distinct from any other role.
For example, an
officer
An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," fro ...
, employee or agent of a
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
, acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation. Thus, their actions, in their capacity as an individual would not generally incur a
liability on the part of the corporation (this concept is also known as a
corporate liability
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those o ...
), nor would they have any protection from liability for their own actions as an individual.
In general, a person may be said by a second party to be acting in their capacity as an individual, whenever the person's actions are the result of their own decisions, rather than being actions to which they are obligated in their capacity as an agent of another person or agency.
References
Labour law
{{Law-term-stub