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Business Organizations Law

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University of Michigan Law School

Michigan Law Review

1937

Fraud

Articles 1 - 3 of 3

Full-Text Articles in Law

Corporation Statutes As The Answer To Parent-Subsidiary Liability, Elvin R. Latty Mar 1937

Corporation Statutes As The Answer To Parent-Subsidiary Liability, Elvin R. Latty

Michigan Law Review

The purpose of these few pages is to call attention to the view concerning the liability of a parent corporation for obligations of its subsidiaries set forth in a comment in a recent number of the Review.


Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review Jan 1937

Corporations - Parent's Liability For Subsidiary's Obligations, Michigan Law Review

Michigan Law Review

A parent corporation owned all the stock of a subsidiary which it had organized to hold real estate, its own business being mercantile. The directors and officers of both corporations were identical. The subsidiary sublet premises for ninety-nine years, in turn leasing them to the parent for ten years. Improvements were made in accordance with the subsidiary's contract, and "leasehold trust certificates" were issued by an assignee of the underlying lease. The parent quit the premises before the expiration of its lease, but paid the rent for the whole period. The subsidiary then defaulted on the ninety-nine year lease, having …


Corporations - Common Board - Fraud - Ratification By Majority Stockholders, Theodore R. Vogt Jan 1937

Corporations - Common Board - Fraud - Ratification By Majority Stockholders, Theodore R. Vogt

Michigan Law Review

Defendants were directors and officers of a managing corporation and its subsidiary. Both corporations paid defendants salaries, those from the managing corporation approximating the fees paid to it by the subsidiary for management services which were rendered by defendants. Held, payment of management fees by the subsidiary under such circumstances is fraudulent and recoverable from defendants, in a derivative suit by minority stockholders, despite a resolution of the majority stockholders of the subsidiary ratifying the payment. Eshleman v. Keenan, (Del. Ch. 1936) 187 A. 25.