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Apart from this, if there are flaws in the proof for the defense, those of pretense by a preponderance of the evidence. stock in question, as testified to by De los Santos, the result, insofar as shares of stock were registered, in the records of the Lepanto, in the name of Vicente Madrigal. TBD, SB 181, §1, eff. 7/6/2016. 1701.641 Fiduciary duties of officers. (A) Unless the articles, the regulations, or a written agreement with an officer establishes additional fiduciary duties, the only fiduciary duties of an officer are the duties to the corporation set forth in division (B) of this section. (B) An officer shall perform the officer's duties to the corporation in good faith, in a manner the officer reasonably believes to be in or not opposed to the best interests of the corporation, and with the care that an ordinarily prudent person in a like position would use under similar circumstances.
Pages: 1142
Publisher: LexisNexis (May 25, 2016)
ISBN: B019CKOGNK
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Were the petitioner the registered owner or the stock, we think that the additional allegations contained in the amended petition, taken together with the allegations in the original petition, would undoubtedly take his case out of the class of "ordinary cases" in which Judge Sanborn, in his article on Mandamus in the Cyclopedia of Law and Procedure (26 Cyc., 347), says mandamus, by the weight of authority, will not lie; because as it appears and is clearly alleged in the amended petition, first, an to secure a decree ordering the transfer would also be inadequate, in view of the delay involved in the trial and possible appeal of such action, principal purpose for which this action is brought, that is to say, to special meetings of the stockholders; and third, because we think that the statute if not expressly, at least impliedly, imposes the duty upon a the books of such corporation, to provide for the entry and noting upon of such transfer is lawfully demanded , source: Securities Law and Practice download for free
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