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Judicial dissolution, informally called the corporate death penalty, is a legal procedure in which a corporation is forced to dissolve or cease to exist. Dissolution is the revocation of a corporation's charter for significant harm to society. [ 2 ]
New York Business Corporation Law section 1104-a, the holders of 20 per cent of voting shares of a non-public corporation may request that the corporation be wound up on grounds of oppression. NY Bus Corp Law §1118 and Alaska Plastics, Inc. v. Coppock , 621 P.2d 270 (1980) the minority can sue to be bought out at a fair value, determined by ...
In 1837, Connecticut adopted a general corporation statute that allowed for the incorporation of any corporation engaged in any lawful business. [3] Delaware did not enact its first corporation law until 1883. Bank of the United States v. Deveaux, 9 U.S. 61 (1809) corporations have capacity to sue. Gibbons v.
The United States federal government chartered and owned corporations operate to provide public services. Unlike government agencies such as the Environmental Protection Agency, the Bureau of Indian Affairs, or independent commissions, such as the Federal Communications Commission, the Nuclear Regulatory Commission, and others, they have a separate legal personality from the federal government.
In November 1906, the Justice Department sued Standard Oil of New Jersey for violating the Sherman Act. The action was brought under the Expediting Act in the United States circuit court for the Eastern District of Missouri. After a 15-month-long trial, the court issued its decree of dissolution in November 1909 and its opinion in December 1909.
Northern Securities Co. v. United States, 193 U.S. 197 (1904) The Supreme Court orders a regional railway monopoly, formed through a merger of 3 corporations, to be dissolved. Swift & Co. v. United States, 196 U.S. 375 (1905) The antitrust laws entitled the federal government to regulate monopolies that had a direct impact on commerce
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The monopoly position of the Bell System in the U.S. was ended on January 8, 1982. AT&T Corporation proposed by in a consent decree to relinquish control of the Bell Operating Companies, which had provided local telephone service in the United States. [1]
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