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preemptive rights definition
2.077 documents for preemptive rights definition
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... two factors when drafting potentially preemptive legislation. The first is the Court's preferred me... state common law tort claims in its definition of "requirements" under the Medical Device Amendme... states, those states are well within their rights to change their laws at any time. (62) Further, Co...
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In the Estate of Christiansen v. Commissioner case, the decedent, who died in April 2001, left all property to her only child H through will that anticipated disclaimer and H disclaimed a portion of the gross estate valued at over $6,350,000. The will provided that 75% of the disclaimed portion would pass to a charitable foundation and 25% would pass to 20-year charitable lead annuity trust to pay the annuity to the foundation. H did not disclaim the contingent remainder interest in the property passing to the trust; the estate claimed deductions for values of property passing to trust to the extent of present value of annuity interest, and of property passing to the foundation. The IRS determined a higher value of the estate than reported on the return and disallowed the deductions for...
... does not effectively disclaim these rights, the disclaimer is not a qualified disclaimer with... of the remaining shares." This definition is a bit like the definition of a molecule-"the sm... shares from a right to exercise any preemptive rights. By this definition, Hamilton could disclai...
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... Nothing in §416(e)'s tautological definition suggests thatCongress understood the word "child... of several States that accordinheritance rights to posthumously conceived children. In contrast,n... applies,rather than a court-declared preemptive federal law, theCapato twins, conceived after the ...
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This article suggests that statutes governing both corporations and limited liability companies should require all owners to read several warnings about the dangers of a lack of advance planning before starting a business, or before purchasing an equity interest in an existing closely held business. Part I of this article reviews the current landscape of available business forms and details the many ways in which the majority owners of a business can take advantage of the minority owners. Part I also reviews the many ways in which the minority owner could have protected himself -- if he had the foresight to do so. Part II then reviews the main statutory and judicial responses to the problem of minority owner oppression and discusses their inadequacy. After discussing some other suggesti...
... be expected to contract to protect their rights before committing capital to the enterprise.67 The..." or "closely held."80 One well-known definition is found in Donahue v. Rodd Electrotype Company of...Preemptive Rights. From a "control" perspective (other than c...
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... Court has never held that the NBA's preemptive reach extends only to a national bank itself; inst... to §481 and the "affiliate" definition to §221a, because operating subsidiaries were not... banks are neither heedless of their rights nor shy of litigation. But respondents point us to...
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... States andvarious business and civil rights organizations (collectively Chamber of Commer... the best evidence of Congress' preemptive intent." CSX Transp., Inc. v. Easterwood, 507 . U....§23-211(9)(a). That definition largely parrotsthe definition of "license" that Co...
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... jurisdiction may use purchase options, rights of first refusal or other preemptive rights to pur... under this section must meet the definition of ?homeownership? in ? 92.2. (d) New construction...
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... from Defendants for a violation of her preemptive rights on the ground that she, and all other share.... . [f]or any definition, limitation, or denial of the preemptive rights of...
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Many investors, including vulnerable senior citizens, are victimized each year in dubious securities offerings yet governmental regulators can do little to intervene. Utilizing the Rule 506 private placement exemption, promoters today can escape regulatory review by both federal and state securities officials. While states at one time served as "local cops on the beat" to protect their citizens, Congress in 1996 preempted state authority, thus creating a situation in which suspect investment schemes can proliferate below any governmental radar screen. This article questions the continued wisdom of this regulatory vacuum, especially in light of recent financial events. This article reviews the legislative history of this preemptive statute, the National Securities Markets Improvements Ac...
... concrete terms and include within the definition specified institutions and individuals deemed weal... to conservative values favoring states' rights. Even so, such bedrock conservative principles van...
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... Clause's list of the categories of preemptive federal law is exhaustive. (24) Bellia and Clark a...Violation of perfect rights was regarded under international law as a justific...The canonical definition of federal common law is found in Hart & Wechsler'...
