When corporations are trying to discourage outside groups or companies from making takeover bids, they often use defensive maneuvers called “shark repellents.” Yet before any steps can be taken to discourage a bidder, corporations must normally get them approved by more than half of their shareholders. Here are some activities (or prior arrangements) frequently used …
Choosing Arbitration to Handle Company Legal Claims
Arbitration can often prove very useful and more cost effective for handling legal claims than pursuing them through the state and federal courts. However, it’s wise to first confer with your Peachtree City business attorney to learn whether this is advisable (or even possible) in your current situation. Of course, there will always be some …
Articles of Incorporation and Bylaws
Fortunately, you can find many reputable companies on the Internet that sell “corporate kits” specifically designed for corporations planning to file documents that will officially establish their existence in Georgia or another state. These kits often provide guidelines for creating your corporations bylaws and articles of incorporation, two of your business’ most important documents. …
Challenging the Validity of a Corporate Act
Every day, news stories are published concerning corporations’ ongoing internal and external battles over specific corporate activities. If a party transacting business with a corporation later questions the validity of a negotiated deal or a shareholder suspects improper corporate behavior has occurred, litigation often follows. However, courts must always first determine if the complaining …
Winding Up Your Limited Liability Company (LLC)
An LLC is a rather unique type of business entity that combines different aspects of both a partnership and a corporation. Although its structure provides added flexibility while it’s being run, it can pose a few extra challenges once you decide to close it down. In fact, even the terms used for breaking apart and ending …
Shareholder Proxies and Rules Governing Them
A “proxy” is the power a corporate shareholder gives to someone (usually acting as an agent) to handle the shareholder’s voting rights. In some instances, the individual helping the shareholder is simply referred to as “the proxy.” However, it’s more common to just say that s/he is the “proxy holder.” In order to let someone …
General Partnerships, Joint Ventures, and Limited Partnerships
Stated simply, a partnership is a business is owned by two or more people. All partners are required to contribute “to all aspects of the business – including money, property, labor or skill.” In return for all of this, they each share in all of the business profits and losses. Although partnerships are not …
How Close Corporations are Different
Since many entrepreneurs prefer a certain degree of personal control and flexibility when handling their business dealings, a large number of them (perhaps a majority) choose to form “close” corporations as opposed to the more traditional kinds. They believe that the positive attributes of this structure outweigh its negative ones. Here’s a brief summary of …
The Differences Between, De Facto, De Jure, and Corporations by Estoppel
Various small paperwork errors sometimes derail attempts to establish valid corporations. For this reason, there are various terms used to indicate when a corporate charter is in good standing, or perhaps at least partially defective. While referencing these sometimes minor formation issues, it’s important to also note that some states refer to the document creating a …
Business Ethical Issues
Regardless of how “airtight” you and your partners (or co-founders) tried to make your operating agreement when you started up your company, you may not have been able to anticipate every hypothetical circumstance that would eventually develop. Furthermore, the breaking up of any business venture nearly always includes at least one individual who may try …
Major Failed Mergers
The corporate landscape has frequently been scarred by the remains of companies that made poor choices involving mergers and acquisitions. After separate, disastrous mergers, both Daimler Benz and New York Central Railroad failed to survive. Yet others like Mattel not only manage to survive an ill-advised merger, they can often be found still conducting business …
Deloitte Provides Unique Offerings Everywhere
If you’ve met a half dozen or more people who work for “Deloitte” (the private UK company more formerly known as Deloitte Touché Tohmatsu Limited – DTTL), you know something about the major diversity often present in their daily projects and goals. According to the British publication “The 50 Best Businesses,” Deloitte professionals “provide audit, consulting, financial …