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In order to effect service in this manner, the plaintiff must make out an affidavit asserting that the defendant is not a resident of Virginia, or can not be found in Virginia with due diligence, and recites the defendant's last known address. The plaintiff sends this, along with the process itself, to the Secretary of the Commonwealth of ...
They must discharge their actions in good faith and in the best interest of the corporation, exercising the care an ordinary person would use under similar circumstances. Directors' decisions are typically protected under the business judgment rule , unless they breach one of these duties or unless the decision constitutes waste.
Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations. It may also offer a defence against legal action. A common example of due diligence is the process through which a potential acquirer evaluates a target company or its assets in advance of a merger or acquisition. [1]
For example, where a corporation is insolvent, and one of its creditor's is also a controlling shareholder, that creditor can not compel the corporation to give the debts owed to him any preferential treatment. Where a fraudulent conveyance is alleged, the judgment creditor must make a "motion in equity" to attack that conveyance.
This can be costly and time-consuming to both parties. Since due diligence can be a detective game, organizations must find individuals who can detect small issues and opportunities. Organizations sometimes bring in outside experts. [14] The expense of the due diligence process, and the time involved, can be softened by dividing it into two stages.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Major Companies Impacted by Data Breaches. Cybersecurity Awareness Month brings the financial impact of data breaches into sharp focus. In 2024, the average cost of a data breach soared to $4.88 ...
Operational due diligence (ODD) is the process by which a potential purchaser reviews the operational aspects of a target company during mergers and acquisitions, private equity investments, or capital raising. Its purpose is to ensure that the business model and operations of the target are suitable to the goals of the buyer.