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Author Question: What is the definition of the business judgment rule?[br][br][b][color=#FA1639]Question ... (Read 124 times)

TVarnum

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What is the definition of the business judgment rule?

Question 2

What are some of the advantages for a business to incorporate in Delaware?



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mcomstock09

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Answer to Question 1

The business judgment rule states that managers are not liable for decisions they make in good faith if (1 ) it is done without a conflict of interest; (2 ) it is done with the care that an ordinary prudent person would take in a similar situation; and (3 ) it is done in a manner they reasonably believe to be in the best interests of the corporation.

Answer to Question 2

Delaware offers corporations several advantages:
Flexible laws that favor management. For example, a Delaware court recently upheld the enforceability of bylaws requiring shareholders who want to sue a Delaware company to do so in Delaware. For a company, defending a lawsuit on its home turf is much more convenient and predictable, not to mention cheaper, than being sued in another state.
An efficient court system. Delaware has a special court called a Chancery Court that hears nothing but business cases and has judges who are experts in corporate law.
A neutral arena. Because very few businesses are actually based in Delaware, it is viewed as being a neutral place in which to try cases. None of the parties has a home court advantage.




TVarnum

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Reply 2 on: Jun 24, 2018
Thanks for the timely response, appreciate it


vickybb89

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Reply 3 on: Yesterday
Excellent

 

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