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Articles 1 - 3 of 3
Full-Text Articles in Law
Multiple-Party Accounts: Does Virginia's New Law Correspond With The Expectations Of The Average Depositor?, Barbara M. Rose
Multiple-Party Accounts: Does Virginia's New Law Correspond With The Expectations Of The Average Depositor?, Barbara M. Rose
University of Richmond Law Review
There are literally thousands of joint savings and checking accounts throughout Virginia in which the bank signature card provides that either party during their joint lives or the survivor may withdraw funds without limit from the account. The Virginia Supreme Court forthrightly recognized the problems of such accounts in the landmark case of King v. Merryman, stating, "For more than half a century, the courts of this country have struggled to discover whether a joing deposit bank account with an extended right of survivorship ...is a gift, a trust, a contract, or joint tenancy, or a testamentary disposition." In an …
Redemption Of Stock Under The Model Business Corporation Act And The Virginia Stock Corporation Act, Daniel T. Murphy
Redemption Of Stock Under The Model Business Corporation Act And The Virginia Stock Corporation Act, Daniel T. Murphy
University of Richmond Law Review
The Model Business Corporation Act (hereinafter the "Model Act") has been in existence for more than twenty-five years, and has served as the paradigm for the revised corporation statutes of approximately twenty-five states, including Virginia. Despite its age, certain of its provisions have been infrequently applied and interpreted in judicial opinions. One such set of provisions is that dealing with a corporation's right to redeem shares of its stock. The purpose of this article is to analyze the Model Act's provisions regarding the redemption of shares; and to review, in contrast thereto, the relevant provisions of the Virginia stock corporation …
A Post-Santa Fe Blueprint For Courts In Rule 10b-5 - Actions For Breach Of Fiduciary Duty: Kidwell V. Meikle, Richard L. Sisisky
A Post-Santa Fe Blueprint For Courts In Rule 10b-5 - Actions For Breach Of Fiduciary Duty: Kidwell V. Meikle, Richard L. Sisisky
University of Richmond Law Review
Pursuant to the Securities Exchange Act of 1934, the Securities and Exchange Commission adopted SEC Rule 10b-5. Introduced without much fanfare in 1942, the Rule's potential effect was not then fully appreciated. There is no question that over the years the courts have interpreted the broad language of rule 10b-5 expansively, and while a great deal of the law governing securities matters is reflected in circuit court opinions, the Supreme Court has recently undertaken an active role in determining the scope of rule 10b-5. In the recent case of Santa Fe Industries, Inc. v. Green, the Supreme Court held that …