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Among the stockholder's meeting field on March 13, 1961, (b) copy of the management contract between San Miguel Corporation and A. the funds of respondent corporation in San Miguel International, Inc.; and (e) lists of salaries, allowances, bonuses, and other has no legal basis; that the demand is not based on good faith; that evidence sought cannot be determined until the issues are joined, the records of the corporation and, therefore, privileged.
Pages: 250
Publisher: Routledge-Cavendish (October 21, 1993)
ISBN: 1874241279
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Notwithstanding the preceding provisions of this subsection, any act as the board of directors, a committee of the board or an individual director relating to or affecting an acquisition or potential or proposed acquisition of control to which a majority of the disinterested directors shall have assented shall be presumed to satisfy the standard set forth in section 5712, unless it is proven by clear and convincing evidence that the disinterested directors did not assent to such act in good faith after reasonable investigation. (e) Definition.--The term "disinterested director" as used in subsection (d) and for no other purpose means: (1) A director of the corporation other than: (i) A director who has a direct or indirect financial or other interest in the person acquiring or seeking to acquire control of the corporation or who is an affiliate or associate, as defined in section 2552 (relating to definitions), of, or was nominated or designated as a director by, a person acquiring or seeking to acquire control of the corporation. (ii) Depending on the specific facts surrounding the director and the act under consideration, an officer or employee or former officer or employee of the corporation. (2) A person shall not be deemed to be other than a disinterested director solely by reason of any or all of the following: (i) The ownership by the director of a membership in or shares of the corporation. (ii) The receipt as a member of or holder of shares of any class of any distribution made to all members of or holders of shares of that class. (iii) The receipt by the director of director's fees or other consideration as a director. (iv) Any interest the director may have in retaining the status or position of director. (v) The former business or employment relationship of the director with the corporation. (vi) Receiving or having the right to receive retirement or deferred compensation from the corporation due to service as a director, officer or employee Tolley's Tax Planning for Owner-managed Businesses 2013-14
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Liability of limited partners to third parties. 8524. Person erroneously believing himself limited partner. (a) Date of admission.--A person becomes a limited partner on the later of: (1) the date the limited partnership is formed; or (2) the date stated in the records of the limited partnership as the date that person becomes a limited partner. (b) Admission of additional limited partners.--After the filing of the original certificate of limited partnership, a person may be admitted as an additional limited partner: (1) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the consent of all partners. (2) In the case of an assignee of a partnership interest of a partner who has the power as provided in section 8564 (relating to right of assignee to become limited partner) to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power. (3) In the case of an assignee of a partnership interest, regardless of whether the assignee has been granted the right to become a limited partner as provided in section 8564(a)(1), at the time or upon the happening of events specified in the partnership agreement. (a) General rule.--A partnership agreement may provide for: (1) classes or groups of limited partners having such relative rights, powers and duties as the partnership agreement may provide; (2) the future creation in the manner provided in the partnership agreement of additional classes or groups of limited partners having such relative rights, powers and duties as may from time to time be established, including rights, powers and duties senior to existing classes and groups of limited partners; and (3) the taking of an action, including, without limitation, amendment of the partnership agreement or creation under the provisions of the partnership agreement of a class or group of partnership interests that was not previously outstanding, without the vote or approval of any limited partner or class or group of limited partners. (b) Class voting.--Subject to section 8523 (relating to liability of limited partners to third parties), the partnership agreement may grant to all or certain identified limited partners or a specified class or group of the limited partners the right to vote (on a per capita or other basis), separately or with all or any class or group of the limited partners or the general partners, upon any matter. (c) Notice, record date, etc.--A partnership agreement that grants a right to vote may set forth provisions relating to notice of the time, place or purpose of any meeting at which any matter is to be voted on by any limited partners, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. § 8523 Company charges
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L.1444, No.177, effective October 1, 1989. Subchapter B is referred to in sections 412, 6141, 6143 of this title. 2014 Repeal. Section 6121 was repealed October 22, 2014, P. L.2640, No.172, effective July 1, 2015. 2014 Repeal. Section 6122 was repealed October 22, 2014, P. L.2640, No.172, effective July 1, 2015. 2014 Repeal ref.: Partnership Law: Fifth Edition read pdf
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http://www.cmevolutionplast.com/library/kyrgyz-republic-company-laws-and-regulations-handbook-strategic-information-and-basic-laws-world. Corporations were thus also known as "limited liability companies." The corporation also did not have to reincorporate or legally reorganize itself every time one of its owners transferred his or her ownership. The buying, selling, and transferring of the ownership shares (called stock) in a corporation did not affect the corporation's legal identity ref.: Cases in Corporate Governance read online
http://britwayz.org/?library/cases-in-corporate-governance. If any provision in these by-laws is inconsistent with a provision in that Act or the certificate of incorporation, the provision of that Act or the certificate of incorporation shall govern. incorporator, director or shareholder, they shall, if this is a sole incorporator, director, shareholder corporation, be construed to mean the solitary person; and all provisions dealing with the quantum of majorities or quorums shall be deemed to mean the action by the one person constituting the corporation. 3 , source: Corporate Insolvency Law: Theory and Application
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