When the researchers use the term “OTC derivatives markets” they are referring to opaque derivative contracts entered into between two parties (bilateral). Typically, a global bank is on one side of that trade. Unlike derivatives that trade on exchanges or are ce...
A corporation's articles or bylaws typically control the number of directors, the terms of the directors' service, and the directors' ability to change their number and terms. The shareholders' power of removal functions as a check on directors who may wish to act in a way that is contrary...
vires nature of an act can only be raised if: (1) shareholder sues corp to enjoy a proposed ultra vires act; (2) corp sues officer or director for damages for approving an ultra vires act; and (3) state may bring an action to dissolve a corp for committing an ultra vires act. -...
Derivative Suits In derivative suit , a shareholder is suing to enforce the corporation's claim , not her own personal claim . A shareholder's derivative suit is proper only if , 1 ) the shareholder owns stock at the time the act complained of occurred and throughout the litigation , 2 ...
A package of bills that reform the New Jersey Business Corporation Act (“NJBCA”) were signed into law on January 16, 2018. We previously wrote about this legislation which was modeled upon provisions of the “Delaware Business Corporation Law” and was recommended for enactment by the “New...